Quick answer: Ministerial Direction 117 sets the order Home Affairs uses to process Family visa applications, prioritising by location first - onshore and grantable in Australia - then by relationship category. It commenced 25 July 2026 and remains current.
Last reviewed: 19 September 2026
Direction 117 tells Home Affairs delegates the order in which to consider and dispose of Family visa applications. Tony Burke signed it on 24 July 2026 and it commenced the following day. It applies to Family visa applications already on the Department's books at that point, as well as everything lodged since, subject to the exclusions the Direction itself sets out.
What is Direction 117?
Direction 117 is made under sections 47, 51 and 499 of the Migration Act 1958. Section 47 requires the Minister to consider a valid visa application, section 51 lets the Minister decide the order in which applications are considered and disposed of, and section 499 is the general power to give written directions to decision makers. Direction 117 uses that combination to set a formal queue order for Family visas.
| Item | Detail |
|---|---|
| Instrument | Ministerial Direction 117 |
| Legal basis | Sections 47, 51 and 499 of the Migration Act 1958 |
| Signed by | Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship |
| Date signed | 24 July 2026 |
| Commenced | 25 July 2026 |
| Replaces | Direction 102 (9 February 2023) |
| Works alongside | Direction 103, which governs applications affected by the section 85 annual cap |
Which visas are covered
Family visas don't go through an employer-style nomination stage, so Direction 117 doesn't need to split its coverage into separate nomination and visa schedules - one list covers everything. “Family Visas” is defined to mean:
- Child (Migrant) (Class AH) - bundles three subclasses: 101 (Child), 102 (Adoption) and 117 (Orphan Relative)
- Child (Residence) (Class BT) - bundles subclasses 802 (Child) and 837 (Orphan Relative)
- Other Family (Migrant) and Other Family (Residence)
- Parent (Migrant) and Aged Parent (Residence)
- Partner (Residence), Partner (Migrant), Partner (Temporary) and Partner (Provisional)
- Contributory Parent (Migrant), Contributory Aged Parent (Residence), Contributory Parent (Temporary) and Contributory Aged Parent (Temporary)
- Extended Eligibility (Temporary)
- Prospective Marriage (Temporary)
Be precise about that first one - an adoption matter isn't a separate category standing apart from Direction 117. It's the 102 subclass inside Child (Migrant) (Class AH), so it's covered, and it takes the same priority treatment as any other application in that class.
How the priority order actually works
Direction 117 splits every application into one of two buckets first, before relationship category comes into it at all:
- Bucket (a): the applicant is a primary applicant who was in Australia when the application was made, and the visa is one that can be granted while the applicant is in Australia.
- Bucket (b): the applicant is a primary applicant who either was outside Australia at the time of application, or must be outside Australia at the time of grant.
Every application in bucket (a) is considered ahead of every application in bucket (b), subject to the Direction's own exceptions. Only within each bucket does a six-tier “Visa Processing Order” based on relationship category act as the tiebreaker:
| Rank | Applies to | Notes |
|---|---|---|
| a (highest) | ART or predecessor tribunal has substituted a decision | In order the power was exercised |
| b | Spouse, de facto partner, prospective spouse or dependent child of a sponsor | Partner and Prospective Marriage visas are ranked here, along with Child and Adoption visa applicants under the dependent child basis |
| c | Orphan relative of the sponsor | |
| d | Contributory Parent and Contributory Aged Parent visas | Migrant, Residence, and both Temporary classes |
| e | Carer visa applicants | |
| f (lowest) | Parent, Aged Parent, remaining relative, and aged dependent relative |
The practical effect: an onshore Partner (820/801) application goes into bucket (a) and lands near the top of the internal order too, so it gets a strong double advantage. Subject to the Direction's exceptions, an offshore Partner (309/100) application falls into bucket (b), even though “partner” is rank (b) on the internal scale - so it queues behind every bucket (a) application, including a comparatively low-ranked onshore carer case. In practical terms, the location/grantability category is applied before the relationship-based processing order, so it can have a substantial effect on an application's relative position.
Four features of Direction 117
| Feature | What Direction 117 says |
|---|---|
| How location and category interact | Location decides the bucket first - every onshore-grantable case outranks every offshore case, whatever its relationship category |
| ART-remitted matters | Expressly included - delegates apply the same order to matters remitted back for reconsideration |
| International legal obligations | Delegates must have regard to Australia's international legal obligations, alongside Migration Program policy |
| Compassionate departure from the order | Section 9 lets a delegate depart from the order for compelling, compassionate circumstances |
The compassionate exception in section 9 deserves its own mention. It lets a delegate depart from the standard order where the applicant shows special circumstances of a compassionate nature and there are compelling reasons to depart from the order having regard to those circumstances. It's a discretionary mechanism that may be relevant where the stated threshold is met - it shouldn't be treated as a routine expedited-processing option, but where genuinely relevant, raise it early.
What this means for partner and parent visa clients
- If a partner applicant is onshore and the visa can be granted onshore, that combination is a very strong queue position - bucket (a) placement plus a high internal ranking.
- Offshore partner applications and parent-stream applications of every kind queue behind all of that, regardless of how compelling the relationship is - relationship category only sorts within the bucket, not across it.
- Because Direction 117 explicitly includes ART-remitted matters, a family visa sent back for reconsideration re-enters the same priority order rather than standing outside it.
- Raise the section 9 compassionate exception early wherever a client's circumstances actually call for it.
Frequently asked questions
Does Direction 117 change who is eligible for a partner or parent visa?
No. It only changes the order applications are considered in. Every eligibility requirement in the Regulations still applies in full.
Is an onshore partner application always faster than an offshore one?
Not necessarily. Direction 117 may give an onshore-grantable application a stronger relative processing position, but actual decision time depends on the individual application, departmental workload, verification and any issues requiring further assessment.
Can a family visa applicant ask to jump the queue?
Direction 117 itself provides one avenue: the section 9 exception, available only where there are special circumstances of a compassionate nature and compelling reasons to depart from the standard order. It's assessed case by case.
Sources
- Ministerial Direction 117, Department of Home Affairs (official PDF)
- Family visa processing priorities, Department of Home Affairs
- Migration Act 1958, sections 47, 51 and 499
For the bigger picture - including how Direction 117 compares to the other visa processing priority directions signed the same day - see our side-by-side comparison of all three.
About the author
Ruobing Yang, Legal Practitioner Director
Legal Practitioner Number (LPN): 5511418
Profile: alclawyers.com.au/person/ruobing-yang
LinkedIn: linkedin.com/in/ruobingyang209
This article reflects our understanding of Ministerial Direction 117 as at the date of publication. Ministerial Directions can be amended or replaced, and this article is general information, not legal advice for your specific circumstances. Contact us directly for advice on your matter.