Ministerial Intervention

Ministerial Intervention is available under Section 351, 417 and 501J of the Migration Act 1958 (Cth).

Ministerial Intervention is where the Immigration Minister can replace a decision of The Tribunal (Administrative Review Tribunal) in any individual case that the Minister believes it is in the public interest. The Minister’s decision is normally more favourable to that person.

Only certain types of cases are eligible for Ministerial Intervention. Just because an application is submitted to the Minister does not mean that the Minister will definitely intervene in your case. It is important to note that only a small number of cases are selected for Ministerial Intervention.

Visa Status

You are expected to hold a visa while your Ministerial Intervention request is getting processed. An application for Ministerial Intervention does not lead to an automatic bridging visa. Please contact us to ensure you have a lawful immigration status in Australia. If you are unlawful or illegal, you are liable to immigration detention and removal. On top of that, the Minister has clearly specified that they will not accept Ministerial Intervention requests from unlawful or illegal people.

Who can make a request

If you have got a decision from a merits review tribunal (Administrative Review Tribunal), you may be able to make a request for Ministerial Intervention.

Who CANNOT make a request

1. Merits review Tribunal (Administrative Review Tribunal) has determined they do not have jurisdiction to review your decision
2. Merits review Tribunal (Administrative Review Tribunal) has determined that your review application was made outside the legal time limits
3. There is no review decision by a Merits Review Tribunal (Administrative Review Tribunal)
4. Minister has granted you a visa by already intervening

Matters that Minister may consider for Ministerial Intervention

• In a situation where if the Minister does not intervene, it would lead to serious harm and ongoing hardship to an Australian citizen or family, where at least one person of the family is a Permanent Resident or Australian Citizen
• In a situation about your health, age, psychological state where if the Minister does not intervene, it would lead to serious harm and ongoing hardship
• If you were allowed to stay in Australia, it would lead to OUTSTANDING scientific, economic, cultural or other benefit
• In a scenario where if the laws were applied to you it would lead to an unfair or unreasonable outcome
• You cannot return to your country due to factors outside your control

This list is not exhaustive and there may be other factors relevant to your case. We recommend you contact us directly to seek more detailed advice.

Matters that are inappropriate to consider for Ministerial Intervention

• You have an unlawful or illegal immigration status while you are in Australia
• If you have committed fraud
• If your visa was cancelled due to breaching your visa conditions
• If you had a visa refusal due to breaching your conditions on a previous visa
• If your visa was refused or cancelled on character grounds
• If you are a risk to National Security
• If you are able to apply for a partner visa onshore in Australia
• If you have left Australia
• If you have a visa application before Immigration that is processing
• If you have a merits review application before the Administrative Appeals Tribunal that has not been finalised
• If your matter has been set aside or remitted by a Tribunal or Court
• If your Tribunal matter was in relation to refusal or cancellation of a Bridging Visa E

This list is not exhaustive and there may be other factors relevant to your case. We recommend you contact us directly to seek more detailed advice.

We have vast experience in Ministerial Intervention. If you need help for Ministerial Intervention, contact us on info@visaeducationexperts.com.au or +61 414 588 942.

Information provided in this website is general in nature and does not constitute immigration advice.

The information on this website can change without notice and we do not guarantee the accuracy of information.
Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on the information in this website to make a visa or immigration decision. Before making any decision, we recommend you consult a migration agent or lawyer to take into account your particular situation and individual needs.

Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).