Ministerial Intervention

Understanding Ministerial Intervention in Australian Immigration

Ministerial Intervention provides a pathway for the Immigration Minister to intervene in certain visa cases under Section 351, 417, and 501J of the Migration Act 1958 (Cth). This allows the Minister to override a decision made by the Administrative Review Tribunal (AAT) when it is considered in the public interest, usually leading to a more favorable outcome for the individual.

What is Ministerial Intervention?

Ministerial Intervention enables the Immigration Minister to replace the decision of the AAT in individual cases. This intervention is a discretionary power, and it is generally more favorable to the applicant. However, it is important to note that not all cases are eligible for Ministerial Intervention, and only a small percentage of applications are granted.

When Can Ministerial Intervention Be Requested?

Ministerial Intervention can only be requested under specific circumstances. If your case has been reviewed by the Merits Review Tribunal (AAT), you may be eligible to request intervention. However, simply submitting an application does not guarantee that the Minister will intervene in your case.

Who Can Make a Request for Ministerial Intervention?

You may be eligible to request Ministerial Intervention if:

  • A Merits Review Tribunal (AAT) has made a decision on your case.
  • You have been notified of a visa refusal or cancellation by the AAT, and you can demonstrate that intervention would be in the public interest.

Who CANNOT Make a Request for Ministerial Intervention?

There are certain conditions under which you cannot request Ministerial Intervention, including:

  • The Merits Review Tribunal (AAT) has determined they do not have jurisdiction over your case.
  • Your review application was made outside the legal time limits.
  • No Merits Review Tribunal decision exists.
  • The Minister has already granted you a visa through prior intervention.
  • You have committed serious offenses such as fraud or breaches of visa conditions.

What Factors Does the Minister Consider for Intervention?

The Minister may consider intervening in situations where:

  • Not intervening would result in serious harm or ongoing hardship to an Australian citizen or Permanent Resident.
  • Your health, age, or psychological state would cause serious harm if intervention is not granted.
  • Allowing you to remain in Australia would provide outstanding scientific, economic, or cultural benefit to Australia.
  • Applying the law strictly would lead to an unfair or unreasonable outcome.
  • There are factors outside your control preventing your return to your home country, such as civil unrest or war.

Matters That Are Inappropriate for Ministerial Intervention

There are certain situations where Ministerial Intervention is not appropriate, including:

  • Unlawful or illegal immigration status in Australia.
  • Fraudulent behavior or submitting false information.
  • Visa cancellation due to breaches of visa conditions.
  • Character issues, such as visa refusal or cancellation on character grounds.
  • National security risks.
  • If you are able to apply for a partner visa onshore or if you have already left Australia.
  • If there is an ongoing merits review application with the AAT that has not been finalized.

Why Ministerial Intervention is Complex

Ministerial Intervention requests are highly complex and require thorough analysis, case law, and a persuasive argument to convince the Department of Home Affairs and the Immigration Minister to intervene. It is essential to ensure that your request is well-supported by evidence and legal reasoning.

How We Can Help

Our team has extensive experience in handling Ministerial Intervention cases. We understand the intricacies of the process and can assist in preparing a comprehensive submission to increase your chances of success.

If you need assistance with Ministerial Intervention, please contact us at xxx or call xxx for expert advice and guidance.

Important Disclaimer:
The information provided on this website is for general informational purposes and does not constitute immigration advice. Immigration laws and policies may change, so it is important to consult with a migration agent or lawyer to assess your specific situation before making any decisions. All immigration assistance provided is in compliance with Section 276 of the Migration Act 1958.