Ministerial intervention
Ministerial Intervention – Australian Visa
In certain exceptional circumstances, individuals who have received a visa refusal or cancellation in Australia may request Ministerial Intervention. This process allows the Minister to use discretion under the Migration Act 1958 to grant a visa, even if the original decision by the Department of Home Affairs or a review tribunal was unfavorable. While successful interventions are rare, this pathway can provide relief in unique or compelling situations.
What is Ministerial Intervention?
Ministerial intervention is a legal mechanism where the Minister may replace a decision of a merits review tribunal with a more favorable outcome. This discretion is exercised only if the case demonstrates public interest, unique circumstances, or exceptional hardship. It is important to note that the Minister is not obliged to intervene, and most requests are finalized by the Department according to established guidelines.
Who Can Request Ministerial Intervention?
You may be eligible to request intervention if:
- You have received a decision from a merits review tribunal such as the Administrative Appeals Tribunal (AAT).
- You are able to demonstrate unique or exceptional circumstances that were not fully considered in the original decision.
- You, or your authorised representative, can submit the request. Family members can be included only if they also received a tribunal decision.
Circumstances Considered for Intervention
The Minister considers requests under the following exceptional circumstances:
- Strong compassionate circumstances: Situations where failure to intervene would cause serious, ongoing, and irreversible harm to an Australian citizen or permanent resident family member.
- Health or age-related hardship: Where the applicant would face severe ongoing hardship due to age, illness, or medical conditions.
- Exceptional contribution: Cases where the applicant would provide significant economic, scientific, cultural, or social benefit to Australia.
- Unintended legislative consequences: Situations where laws or regulations produce unfair, unreasonable, or unintended outcomes.
- Statelessness or inability to return: Applicants who cannot be returned to their home country due to reasons beyond their control.
Supporting documents are essential to substantiate these claims, such as medical reports, statutory declarations, letters from family or professional bodies, and evidence of achievements or contributions.
Circumstances Not Considered
The Minister will not intervene in cases where:
- The request is made by someone who is not the subject of the case.
- The applicant is an unlawful non-citizen in the community.
- There is non-compliance with visa conditions, character, or health requirements.
- The applicant has already been refused a Partner visa or could apply for one.
- Other visa applications or tribunal reviews are currently ongoing.
How to Make a Request
To request Ministerial Intervention:
- Prepare a written request explaining your unique or exceptional circumstances.
- Attach relevant documents, including your tribunal decision, identification, and supporting evidence.
Submit the request by mail or online:
Postal Address:
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
PO Box 6022
Parliament House, Canberra ACT 2600
Online Submission: Contact the Department of Home Affairs via the official portal.
Certified copies of supporting documents should be provided. Non-English documents must include accurate translations by a NAATI-accredited translator.
Why Professional Guidance Matters
Requesting Ministerial Intervention is highly complex and rarely granted. Working with experienced migration professionals ensures:
- Your case highlights all relevant merits and unique circumstances.
- Supporting documents are correctly prepared and certified.
- Legal requirements and submission protocols are strictly followed.
- Proper guidance can significantly increase the chances of a successful outcome.
Start Your Journey to Australia Today
If you believe you have a compelling case for Ministerial Intervention, contact A2MS today. Our team can assess your situation, guide you through the process, and help you prepare a strong submission to the Minister.
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