NCAM Supports Action on Hate in Visa Decisions, but the Rules Must Be Applied Fairly to All

Media Release – 30 October 2026

The National Council of Australian Muslims (NCAM) supports strong action against hate and extremism, including in visa decisions. Ministerial Direction No. 123, which takes effect tomorrow, 31 October, will guide how officials refuse or cancel visas on character grounds. It replaces Direction 110 and explains how to apply the hate and extremism grounds added to the Migration Act in January, which cover links to prohibited hate groups, hate crime conduct and hateful public statements, including online.

NCAM Director Sajida Salman said Australian Muslims know the damage hate does. “Our mosques have been vandalised, our women abused in the street and our children bullied. People who seek to come here to spread hatred against any community should not be welcome. We support that goal.”

NCAM is concerned, however, that the rules be applied fairly and consistently. The law’s test for hateful public statements refers to hatred based on race, colour, or national or ethnic origin. It does not name religion. NCAM asks the Government to confirm that hatred of Muslims, who are a faith community rather than an ethnic group, will be treated as seriously as any other form of hate.

“Hate is hate, whoever the target,” Ms Salman said. “Rules that protect some communities and not others would lose the public’s trust.”

NCAM is also concerned that broad terms such as “discord”, reported to be in the new Direction, could be used against lawful political advocacy, including peaceful calls for justice and human rights in Gaza. Criticising the actions of any government, including the Israeli Government, is not hate speech.

NCAM calls on the Minister for Home Affairs to publish the full text of Direction 123 now, to confirm that peaceful political advocacy falls outside its scope, and to report publicly on how the new powers are used, including through the review of these laws already required by Parliament.

“Strong laws against hate and strong protection for free expression are not in conflict,” Ms Salman said. “Australia needs both, applied equally to everyone.”

For media inquiries, please contact: media@ncam.au

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National Council of Australian Muslims (NCAM) acknowledges all First Peoples as the Traditional Custodians throughout the land across Australia, and pay our respects to Elders past and present. We recognise and respect the historical and traditional connection Aboriginal and Torres Strait Islander Peoples have to the land, water, culture and community. We appreciate the importance of the world’s oldest living culture, and support the union of a reconciled Australia. NCAM is committed to ensuring inclusion, equity and equality.