Ministerial Direction 117 and the Carer visa: what it changes and what it does not

Ministerial Direction 117 is the Minister's direction, in force from 25 July 2026, that sets the order in which the Department of Home Affairs considers Family visa applications. It ranks applications made and grantable in Australia above applications made or granted outside Australia.

For the Carer visa's capped queue, section 5(4) of Direction 117 gives way to Direction 103, which releases subclass 836 and subclass 116 applications from one Other Family queue in queue-date order. The direction therefore does not move the carer, or the relative who needs care, up the queue.

What is Ministerial Direction 117?

Ministerial Direction 117 is a direction under section 499 of the Migration Act 1958 (Cth) that tells the Department's delegates in which order to consider and dispose of Family visa applications. It has applied since 25 July 2026.

The signed text is titled "Order for considering and disposing of Family visa applications under sections 47 and 51 of the Migration Act 1958".

• Who gave it: Tony Burke, as Minister for Home Affairs and Minister for Immigration and Citizenship, dated 24 July 2026.
• When it started: it "commences on the day after it is signed" (s 2).
• Who it binds: delegates deciding Family visa applications, including matters sent back by the Administrative Review Tribunal (s 4(1)).
• What it leaves out:
  • the Tribunal itself (s 4(3));
  • applications where it is "readily apparent" that the criteria will not be met (s 4(2)).
• Which applications: those already lodged and not finally decided on 25 July 2026, as well as new ones (s 4(4)).

Section 51(2) of the Act adds that a later application being decided first "does not mean that the consideration or disposal of the earlier application is unreasonably delayed".

What does Direction 117 change for family visas?

Direction 117 changes two things for family visas: it revokes Direction 102, and it adds a location tier above the relationship order.

1. Direction 102 is revoked. Section 3 revokes Direction 102, dated 9 February 2023. Direction 102's text is no longer on the Department's website, so this page does not describe it.
2. A location tier. In the Department's family visa processing priorities, updated 10 August 2026, the Department says the direction "gives highest priority to Family visa applications made while the primary applicant was in Australia, for a visa that can be granted while the applicant is in Australia".

Does an 836 Carer visa overtake a 116 in the queue?

An 836 Carer visa does not overtake a 116 in the queue, because Direction 103 releases capped Other Family applications in queue-date order and prevails over Direction 117.

On paper, the 836 is in the first tier and the 116 in the second, because the Regulations require the 836 applicant to be in Australia at grant and the 116 applicant to be outside it. For the capped queue, however, Direction 103 section 9 orders Other Family applications by queue date. That order has no onshore and offshore split.

The real difference between the two subclasses is when health and character are checked. Under Direction 103's definition of "queue date", the 836 carer clears them before the queue date and the 116 carer clears them after release.

How do Directions 117 and 103 work together?

Directions 117 and 103 work together as a general order and a special order. Where they conflict, the special order for capped visas wins.

• Who made Direction 103: Andrew Giles signed it on 9 February 2023, under section 91 of the Act ("Order of dealing with visas").
• The order it sets for Other Family visas (s 9):
  • applications where the Minister has intervened under section 351 or 417 come first;
  • then "all other applications in queue date order, commencing with the application with the earliest queue date".
• Backdating (s 11): delegates may backdate a queue date for "unreasonable delay … arising from processing delays or review proceedings", but backdating "needs to be clearly justified".
• Still open: it is not published whether the Department applies Direction 117's onshore tier at the initial assessment, the step that sets a queue date. The Department's processing centre form still says Other Family applications are "generally processed in lodgement date order".

Where do Carer visas sit in the family processing order?

Carer visas sit fifth of six in Direction 117's Visa Processing Order. They rank below partner and child, orphan relative and contributory parent applications, and above parent, remaining relative and aged dependent relative applications.

1. Applications where the Minister has substituted a decision under section 351 or 417.
2. The spouse, de facto partner, prospective spouse or dependent child of a sponsor.
3. Orphan relatives.
4. Contributory Parent and Contributory Aged Parent visas (Classes CA, DG, UT and UU).
5. Carers.
6. Parent (Class AX) and Aged Parent (Class BP) visas, remaining relatives and aged dependent relatives.

The six groups apply inside each location tier (s 8(3)). A carer's partner and children, applying as secondary applicants, take the main applicant's priority (s 8(4)).

Can a Carer visa be prioritised on compassionate grounds?

A Carer visa can leave Direction 117's order only if the applicant satisfies the delegate of special circumstances of a compassionate nature and compelling reasons to depart from the order. The Department's processing centre says it does not prioritise queued Other Family applications on these grounds.

• The Department's summary: these decisions are made "on a case-by-case basis".
• The processing centre's position: the Other Family Visa Processing Centre online form says queued Other Family applications are processed in the order received, and are not prioritised for "compelling and compassionate circumstances".
• Why those fit together: Direction 103 section 9 has no compassionate exception for Other Family visas, and it prevails where the two directions conflict (Direction 117 s 5(4)).

A change in the family's situation still has to be reported, as set out in changes while a Carer visa is queued, even though it does not move the application up the queue.

What still decides when a Carer visa leaves the queue?

Three things still decide when a Carer visa leaves the queue: the queue date, the number of places, and the file being ready at release.

1. The queue date. Direction 103 releases Other Family applications in queue-date order, as explained with the latest release point on the page on the Carer visa queue date.
2. The number of places. The Other Family planning level is 400 for 2026–27, shared by three visas. Each dated change is logged in Carer visa news and changes.
3. A file ready at release. For an onshore carer, the steps are on the page on applying and waiting in Australia. For an offshore carer, they are on the page on applying from outside Australia.

The whole guide starts at Carer Visa Australia.

Read next

Carer visa processing time: the queue, the cap and your likely yearHow the cap and the queue decide the wait, and where your queue date sits. Telling the Department about changes while a Carer visa is queuedReport a new address, passport or family change in writing while you wait. Carer visa news and changes: a dated logEvery Carer visa change since 2024, dated, sourced and tied to its page.