Ministerial Intervention
Read our general information in relation to Ministerial Intervention for Public Interest cases below. Contact us directly for specific advice.
Ministerial Intervention
Ministerial Intervention is an application requesting the Minister to intervene in an applicant’s immigration matter. Under section 351 of the Migration Act 1958 (Cth) (the Migration Act), the Minister has prescribed powers that authorises them to replace a decision of a merits review tribunal.
The process aims to address cases where the application of immigration law may lead to unintended consequences such as humanitarian concerns, unique circumstances, or other compelling reasons. Ministerial Intervention allows the Minister to exercise discretion and provide relief on a case-by-case basis.
It is a last resort option for an immigration matter, and an applicant should only consider applying if all their options for review are exhausted.
Pathway
Before reaching the stage of Ministerial Intervention, an applicant must typically go through several stages within the immigration system:
- Visa application: initially, an individual submits a visa application to the Department of Home Affairs (the Department)
- Appeal: if the visa application is refused, or if there is a notification to cancel a visa – the individual may be able to apply for a review of the decision with a merits review tribunal. Normally, this will be the Administrative Review Tribunal (ART)
- Court: should the appeal to the ART be unsuccessful, the next step could involve seeking judicial review in the courts.
If unsuccessful at point (2), or at point (3), an individual may consider and obtain advice on a Ministerial Intervention application.
Target Market
- public interest cases
- strong compassionate circumstances
- circumstances not anticipated by relevant legislation
- those who cannot be returned to their country/countries of citizenship or usual residence
Eligibility
Ministerial Intervention
In all cases, this is general information, and you should contact us or an immigration lawyer prior to making any decisions. General eligibility requirements are set out on this page, but you can refer to more detailed blog here.
To be able to seek Ministerial Intervention, an individual must be:
- Lawfully present in Australia
- Have received a decision at a merits review tribunal
- Have grounds and seek Ministerial Intervention.
Grounds for intervention
The Minister provides guidelines on unique and exceptional circumstances that may be appropriate for Ministerial Intervention, this may include:
- Strong compassionate circumstances that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident
- Compassionate circumstances regarding your age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship
- Exceptional economic, scientific, cultural or other benefit that would result from you being permitted to remain in Australia
- Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case
- The applicant cannot be returned to their country/countries of citizenship or usual residence due to circumstances outside their control.
Grounds inappropriate for intervention
The Minister provides guidelines as to which types of cases should be referred (or are inappropriate to refer) for their consideration. A list of matters that the Minster considers inappropriate include:
- the request is made by a person who is not the subject of the request or their authorised representative
- the person is in the community and:
- is an unlawful non-citizen and remains an unlawful non-citizen throughout the course of their Ministerial intervention request
- does not cooperate in ensuring that a valid travel document is available (or has not satisfied the Department that they are stateless)
- the person has been found not to satisfy a fraud-related Public Interest Criterion for the grant of a visa
- the person’s visa has been cancelled because they breached their visa conditions
- the person has had a visa refused because they did not comply with the conditions of a previous visa
- the person has been refused a visa or has had a visa cancelled on character grounds
- the Australian Security Intelligence Organisation (ASIO) has determined that the person is a direct or indirect risk to national security through issuing the person with an Adverse Security Assessment (ASA) which remains in effect
- the person could apply for a Partner visa onshore but is subject to a visa condition 8503 (which specifies that after entering Australia, the person cannot be granted another substantive visa other than a protection visa while they remain in Australia) and a request for a waiver of that condition has not been sought or decided
- the person may be able to apply for a Partner visa onshore, as prescribed under regulation 2.12(1) of the Migration Regulations 1994 (the Regulations)
- the person’s application for a Partner visa onshore, as prescribed under regulation 2.12(1) of the Regulations, has been refused and the person is now barred from applying for a Partner visa onshore
- the person has left Australia
- the person has an ongoing application for a substantive visa (either onshore or offshore) with the Department
- the person has an ongoing application for merits review of a visa decision with a relevant review tribunal
- the person has had a remittal or a set aside decision from a relevant review tribunal or a court
- the person’s review tribunal decision was in relation to the refusal or cancellation of a Bridging visa E
- the person has an ongoing ministerial intervention request under any of the powers covered by these guidelines
- a Notice of intention to remove has been issued to the person and the ministerial intervention request has not been initiated by the Department
- the person holds a Bridging visa E with visa condition 8512 which specifies that the person must leave Australia by a specified date
- the request raises claims only in relation to Australia’s non refoulement obligations.
If an applicant does not have one or more of the above circumstances, the request may be closed.
Process and costs
Ministerial Intervention
Ministerial Intervention can cause visa applicants a lot of uncertainty, particularly around the process and what to expect. The section on the right has information about this process to provide greater clarity.
Before you apply
Before you apply, you should:
- assess and determine whether you meet the eligibility criteria;
- decide whether to retain an Immigration Lawyer (such as Hannan Tew Lawyers) or Registered Migration Agent to help you fill out forms or provide you with advice in relation to your eligibility and desired outcome.
Costs
There is no cost to submit a Ministerial Intervention request.
If you engage professional services to assist in the request, the professional fees will vary depending on your personal circumstances and the amount of work required for the application. Contact us directly to get a tailored fixed fee quote.
Making an application
When you are ready to make an application:
- prepare all the documentation required for the application;
- you or your authorised representative prepare the written request and identify who is included in the request,
- in the request, include all your reference number, tribunal decision, and information about your compassionate circumstances and supporting documentation;
- either:
- complete the online request form; or
- send by post to the Minister’s postal address.
- once the request is submitted, you will then be awaiting a decision from the Minister.
After an application
After the application has been made, the Minister’s Office reviews the application and assesses whether the case meets the grounds for intervention. This assessment considers the individual’s personal circumstances, their potential contribution to Australia, and the overall public interest.
During the processing of your request, it is your responsibility to ensure you hold a current visa (unless you are in immigration detention). Your application may be finalised if you become unlawful, so it is important you hold a bridging or substantive visa during processing.
The Minister will make the final decision whether to intervene or not. This decision is typically based on the information provided in the application, any recommendations, and the Minister’s own discretion. You will be informed in writing of the outcome of your request.
Outcome
If successful, the Minister will make a decision favourable to the individual that is within the public interest.
What this looks like will depend on a case-by-case basis. If a Ministerial Intervention request is unsuccessful, the individual is expected to leave Australia as soon as possible and before their visa expires. If a person fails to leave Australia, they will become unlawful and at risk of deportation or immigration detention.
Ministerial Intervention
Frequently Asked Questions
How long do I have to apply for Ministerial Intervention?
There is no time or duration requirement. However, you must be lawful in Australia to apply for Ministerial Intervention (that is, hold a Bridging Visa or substantive visa).
If you are unlawful in Australia, you are not eligible for Ministerial Intervention.
Who can make the request for Ministerial Intervention?
Only the person who has had a merits review tribunal decision can make the request, or their authorised representative.
Can I include my family members?
You can only include family members in your request if they have also had a merits review tribunal decision in their case.
Is there a limit on the information and supporting documents I can include?
Yes, the online application form allows a maximum of 9000 characters to detail your enquiry. It also allows a maximum of 10 files that are no greater than 15MB in total.
How much does Ministerial Intervention cost?
There is no cost to submit a Ministerial Intervention request. If you engage professional services to assist in the request, the professional fees will vary depending on your personal circumstances and the amount of work required for the application.
Does submitting a Ministerial Intervention request give me a Bridging Visa?
No, a Ministerial Intervention request does not grant you a Bridging Visa. It is your responsibility to ensure you hold a current visa throughout the processing of your request for intervention.
If your visa is due to expire or has expired, it can typically be legalised with a Bridging Visa application depending on your circumstances and if eligible.
I’ve become unlawful, can my request still be considered?
No, the Minister does not consider requests from people in Australia who are unlawful (that is, you do not hold a Bridging visa or substantive visa to be in Australia). Unless you rectify your visa status, you will be notified that your request has been finalised without further processing.
Can I travel while my request is processing?
If you leave Australia without a visa to return on, the ministerial intervention request can be finalised without further processing.
Can I work while I await a Ministerial Intervention request outcome?
You can only work if you have a current visa with appropriate work authorisation.
Will the Minister ask for more information or evidence on my request?
The Minister is not obliged to request further information from you and will generally make an assessment on the information and documents provided in the initial request. As a result, it is very important you include all relevant information and supporting documents in your request.
Will my request be successful?
The Minister has no obligation to consider a Ministerial Intervention request or to make an intervention. As such, Ministerial intervention requests are often unsuccessful. Cases that are well-documented and clearly demonstrate the grounds for the Minister to intervene have a higher chance of success – however, success cannot be guaranteed even in strong cases.
Can I reapply for Ministerial Intervention?
If an individual has previously applied for Ministerial Intervention, there are limited circumstances that allow for a repeat application, including when:
- The Department is satisfied there has been a significant change in circumstances since the previous request;
- This significant change must raise new, substantive issues that were previously not provided or considered; and
- The new, substantiative issues must be assessed as ‘unique or exceptional circumstances’.
Although it is possible to make another Ministerial Intervention request, the Minister will only consider a repeat request in very limited circumstances and the threshold is high.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
What can we do for you?
As a full service Australian immigration law firm, our experienced team can provide comprehensive guidance on Ministerial Intervention applications. Applying for Ministerial Intervention is a difficult process and a last resort option for people who have exhausted all other methods of review.
The latest Ministerial Intervention
blogs, written regularly
Ministerial Intervention: A Last Resort for Compassionate Cases
Navigating the Australian immigration system can be a challenging experience, especially when visa applications are refused or cancelled. For some individuals, the final hope lies in Ministerial Intervention - a unique mechanism that empowers the Minister to intervene in cases where there are compelling and compassionate circumstances that warrant a departure from the standard visa and immigration rules. The Stages…
