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Ministerial Intervention in Australia
It is crucial to understand that Ministerial intervention is not a standard visa appeal pathway. It is a personal power exercised by the Minister only in a very small number of exceptional cases and falls completely outside of the normal decision-making process. This is not an avenue that an applicant has a right to access; rather, it is a final, discretionary consideration.
If you have exhausted all other appeal options and your case involves truly compelling or unique circumstances, the team at Australian Migration Lawyers can provide a realistic assessment. We will carefully review your situation against the narrow policy guidelines to determine if a request for Ministerial intervention is a viable option for you.
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Stages Leading to Ministerial Intervention
Ministerial intervention is an extraordinary step that falls outside the standard visa process. It is reserved for a very small number of cases with compelling or unique features that cannot be addressed through normal migration pathways. Critically, you cannot request intervention until all other options for review have been fully exhausted.
The pathway leading to a potential intervention request involves several key stages:
First, following a visa refusal, an applicant must typically seek and receive a decision from a merits review body, such as the Administrative Review Tribunal (ART).
Second, a request can generally only be made if the tribunal has affirmed the original refusal, closing this appeal avenue.
Finally, there must be no other ongoing legal proceedings, such as a judicial review in the Federal Circuit and Family Court of Australia.
Only after these steps are complete may an individual be eligible to ask for the Minister's personal intervention. However, this is not an entitlement and provides no guarantee that the Minister will consider the case or grant a visa. The Minister is under no obligation to act, even in seemingly compelling situations.
Given that the restrictions are stringent, seeking professional legal advice is essential. The team at Australian Migration Lawyers can assess whether your case aligns with the high-threshold guidelines and assist in preparing a submission that effectively highlights its unique merits.
What is Ministerial Intervention?
Ministerial intervention refers to the personal and non-compellable power granted to the Minister under sections 351, 417, and 501J of the Migration Act 1958.
This power, which sits entirely outside the standard appeals process, allows the Minister to substitute a more favourable decision for an applicant after a tribunal review.
The Minister is not legally required to consider or respond to any request and will typically only exercise this discretion in rare cases that meet exceptional policy guidelines.
When Can You Request Ministerial Intervention?
Crucially, an unfavourable tribunal decision on its own is not sufficient grounds for intervention.
The core of a successful Ministerial intervention request rests on demonstrating ‘compelling and compassionate circumstances’.
This is a very high threshold that goes far beyond the usual difficulties or emotional distress associated with a visa refusal. These circumstances must be so powerful and unique that they warrant the Minister's personal intervention. Often, they involve sensitive or complex personal situations that may not fit neatly within the standard provisions of migration law, engaging the public interest in a way that justifies a departure from the tribunal's decision.
Articulating these sensitive details in a way that aligns with the Minister's policy guidelines requires exceptional care and skill. Australian Migration Lawyers can assist in preparing a submission that gives such cases the strongest possible chance of being considered.
How the Ministerial Intervention Process Works
Once all other appeal avenues are closed, the process for requesting Ministerial intervention generally follows these steps:
- A detailed written request is lodged with the Minister through the Department of Home Affairs.
- The Department then conducts an initial assessment of the request against the Minister's specific intervention guidelines and policies.
- Only if the case is found to have exceptional circumstances that meet these narrow parameters will it be forwarded for the Minister's personal consideration.
It is vital to understand that this is not a standard application. There are no application forms, no statutory timeframes for a decision, and no right of appeal if the Minister chooses not to intervene. Even if a case is forwarded by the Department, the Minister is under no personal obligation to consider it or to provide a reason for their decision.
Ministerial Intervention Under Relevant Legislation
While the Minister's powers under the Migration Act 1958 are entirely discretionary, policy guidelines indicate the types of unique cases that may be considered. These often fall into several broad categories.
- Complex Humanitarian Cases
- Health and Family Hardship cases
- Cases Involving Australian community ties
These examples are not exhaustive, and every case is assessed on its own unique merits. Successfully presenting your circumstances to the Department and the Minister requires a detailed submission that is supported by strong evidence. If you believe your situation is truly exceptional, contact Australian Migration Lawyers for a confidential discussion about your options.
Our Experience in Ministerial Intervention Matters
Our team of immigration lawyers has assisted clients in preparing decision-ready submissions in rare cases that meet the high threshold for ministerial intervention.
We offer clear guidance on whether your situation aligns with intervention policy and help present all relevant facts within a legal framework.
While outcomes cannot be assured, we provide support in managing this highly technical legal process.
Why Choose Australian Migration Lawyers to assist you with Ministerial Intervention?
Ministerial intervention requires clear legal reasoning aligned with immigration policy. At Australian Migration Lawyers, we provide comprehensive legal support for applicants whose cases may involve extraordinary circumstances.
We do not pursue intervention requests unless the matter clearly falls within current policy guidelines. If you believe your situation is exceptional, we invite you to speak with our team to assess your legal position.
Ministerial Intervention – Frequently Asked Questions (FAQ’s)
Is There a Time Limit for Requesting Ministerial Intervention?
While there is no strict statutory time limit, it is important to act promptly if your legal status is at risk. Taking legal assistance without delay is necessary if your bridging visa is expiring or your stay in Australia is in jeopardy. Delays can impact your ability to make a request or maintain a lawful status while the matter is under consideration.
How Long Does Ministerial Intervention Take?
Ministerial intervention is not part of a standard process, and the Minister is not obligated to consider your request. There is no standard processing time. Most requests do not meet policy criteria for ministerial intervention and are finalised without the Minister’s involvement.
What Factors Affect Ministerial Intervention Costs?
Legal costs vary and depend on various factors such as the complexity of your case, the time needed to collect supporting evidence, and the extent of legal assistance. If you want to pursue a request for ministerial intervention, seeking legal guidance is crucial to get an estimate and a complete consultation. The costs also depend on whether any other matter is pending or needs resolution before you start another process.
What Are the Chances of Success for a Ministerial Intervention Request?
Ministerial intervention is extremely rare, and the threshold is exponentially high. Usually, the requests made do not even reach the Minister, and the Department of Home Affairs finalises them.
Can I Apply for Ministerial Intervention Without an Appeal?
No, because ministerial intervention is only available once you have received a decision from the ART. You may not be eligible if you have not sought a merits review or if the appeal period has expired.
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Learn moreAbout the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative, immigration and human rights lawyers.
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