On 25 July 2026, the Minister for Immigration signed Ministerial Direction 117, replacing the previous Ministerial Direction 102. This change affects how the Department of Home Affairs prioritises Family visa applications under sections 47 and 51 of the Migration Act 1958 — and importantly, it applies to applications already in the queue, not just new ones.
What Is Ministerial Direction 117?
Under the Migration Act 1958, the Minister can issue directions that instruct Departmental officers on the order in which visa applications must be considered and decided. Ministerial Direction 117 is one such direction — it governs the processing order for all Family stream visa applications.
The Most Significant Change: A Two-Tier Priority System
The most important change introduced by Direction 117 is the creation of a two-tier priority system based on where the applicant is located at the time of lodgement.
Higher Priority Group
Applications where the primary applicant is in Australia at the time of lodgement and the visa can be granted while the applicant remains in Australia.
Lower Priority Group
Applications where the primary applicant is outside Australia at lodgement, or where the visa requires the applicant to be outside Australia at the time of grant.
In practical terms, this means an onshore Partner visa applicant now sits ahead of an equivalent offshore applicant in the processing queue — even if the offshore application was lodged earlier.
The Full Processing Order Under MD-117
Within each priority group, applications are considered in the following order:
- Ministerial Intervention cases — applications where the Minister has exercised discretionary powers to substitute a more favourable decision
- Partner and Child visas — applications on the basis of the primary applicant being the spouse, de facto partner, prospective spouse or dependent child of a sponsor
- Orphan Relative visas
- Contributory Parent visas — Subclass 143, 173, 864 and 884
- Carer visas
- Parent and Other Family visas — Subclass 103, 804, Remaining Relative and Aged Dependent Relative visas
Which Visa Applications Does This Cover?
Direction 117 applies to Family visa applications including:
- Partner visas (Subclass 820/801, 309/100)
- Child visas
- Parent visas (Subclass 103, 804)
- Contributory Parent visas (Subclass 143, 173, 864, 884)
- Carer visas
- Orphan Relative visas
- Remaining Relative visas
- Aged Dependent Relative visas
Does This Affect Applications Already Waiting?
Yes. Direction 117 applies to:
- Applications lodged before 25 July 2026 that had not yet been finally determined
- Applications lodged on or after 25 July 2026
- Certain applications remitted from the Administrative Review Tribunal (ART)
This means if you already have an application in the queue, your position relative to other applicants may have changed from the day Direction 117 took effect.
Who May Benefit from the New Order?
Applicants who may move up the queue under MD-117 include:
- Onshore Partner visa applicants
- Onshore Child visa applicants
- Other onshore family visa applicants whose visa can be granted while they remain in Australia
Who May Experience Longer Waits?
Applicants who may find themselves further back in the processing queue include:
- Offshore Partner and Child visa applicants
- Non-contributory Parent visa applicants (Subclass 103, 804)
- Remaining Relative and Aged Dependent Relative visa applicants
Does MD-117 Guarantee Faster Processing?
No. Ministerial Direction 117 sets the order in which applications are considered — it does not prescribe fixed processing times or guarantee a decision by any particular date.
Processing times continue to depend on factors such as the volume of higher-priority applications ahead of yours, migration program planning levels, the complexity and completeness of the application, health and character checks, and whether the Department requests additional information.
Can the Department Depart from the Processing Order?
Yes, in limited circumstances. A delegate may depart from the prescribed order where an applicant demonstrates special circumstances of a compassionate nature and compelling reasons to alter their processing priority. Each case is assessed on its own facts.
What About Parent Visa Applications and Annual Caps?
Parent visa applicants should be aware that Ministerial Direction 103 — which governs visa applications subject to annual caps under section 85 of the Migration Act 1958 — continues to apply. Where there is any inconsistency between MD-117 and MD-103, MD-103 prevails. This means that even where a Parent visa application is ready for decision, grant limits may still affect when the visa can ultimately be issued.
What Should You Do?
If you have a pending Family visa application, understanding how the new priority order affects your position in the queue is important — particularly if your application is offshore, or if you are a Parent visa applicant.
If you are planning to lodge a Family visa application, your onshore or offshore status at lodgement is now more significant than before. Timing, travel arrangements, and bridging visa considerations may all be relevant to your strategy.
Every family’s situation is different. The right approach depends on your visa type, your location, the stage of your application, and your personal circumstances.
Contact us to book your consultation with our registered migration agent.
This article is general information only and does not constitute migration advice. Migration law is subject to change. Please consult a registered migration agent for advice tailored to your circumstances. Sohail Cheema, MARN 1170438.
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