Ministerial Intervention in Australia
Ministerial Intervention is a process where the Minister for Immigration can personally intervene in your case and replace a decision of a tribunal with another decision if the Minister thinks it is in the public interest to do so. If successful, it usually means that the Minister will grant the person a visa.
The Minister has different personal powers under the Migration Act 1958, to intervene in various types of cases. Generally, cases that have unique or exceptional circumstances.
What Is Considered Unique or Exceptional Circumstances?
The Minister has a guideline on the types of cases that can be considered as unique or exceptional. These ministerial guidelines outline specific types of cases and examples of evidence that can be provided to support the case. The guideline is not an exhaustive one, however.
Generally, cases that do not meet these guidelines, or in those circumstances that the Minister considered inappropriate to consider, will not be referred to the Minister for intervention. This decision of whether to refer a case to the Minister or not often is made by departmental officers.
However, recently, the High Court of Australia has ruled that such decisions made by departmental officers are unlawful because the decision whether to intervene should be exercised personally by the Minister. This may impact many previous and future Ministerial Intervention requests.
What Happens If You Leave Australia During the Ministerial Intervention Process?
How to Request for the Minister to Intervene After an AAT Refusal?
Request for Ministerial Intervention needs to be prepared well, with strong evidence and submission.
If you are in Australia and have been refused a visa by the Department of Home Affairs, and your appeal at the Administrative Appeals Tribunal (AAT) has been unsuccessful, you may request for Ministerial Intervention. Contact our team to discuss your eligibility and options.