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Expertise

Ministerial
Intervention

Ministerial Intervention is the opportunity to present your case to the Minister for Home Affairs.

What is ministerial intervention?

This opportunity arises after your visa has been refused, and the refusal decision has subsequently been affirmed at the Administrative Appeals Tribunal (AAT) and all other avenues for review have been exhausted.

Your prospects for a successful Ministerial Intervention request will vary depending on your personal circumstances, including your visa history and the reasons why your visa was refused in the first place.

If you fail to satisfy character grounds, are subject to certain visa conditions such as condition 8503, or are living in Australia unlawfully, you may not be eligible to apply for Ministerial Intervention.

When can the minister intervene in a visa decision?

The Minister will only intervene and grant a visa, overriding the decisions of the Department of Home Affairs and previous decision-making bodies, if they genuinely believe that significant compassionate circumstances exist or that it is in the interests of the Australian public to do so.

Very few requests for Ministerial Intervention are successful, as the benchmark for unique or exceptional circumstances is extremely high. Intervention may be considered by the Minister if failure to intervene would result in serious, ongoing and irreversible harm to an Australian citizen or Australian family unit, or if you are unable to return to your country of citizenship due to circumstances beyond your control, or if you have an exceptional capacity to contribute meaningfully to Australian society.

How do you apply for ministerial intervention?

In order to apply for Ministerial Intervention, you must have had an application reviewed by the AAT, the former Refugee Tribunal (RRT), the former Migration Review Tribunal (MRT) or the former Immigration Review Tribunal (IRT) or the Migration Internal Review Office.

Ministerial Intervention can be granted on either of the following grounds:

1. Compassionate grounds:

  • Your removal from Australia would significantly impact on you, your family and/or your community
  • Your health would suffer to a significant degree should your request not be considered

2. Significant positive impact on Australia’s economic, scientific, or cultural landscape:

  • Your skills and qualifications have been recognised by a relevant Australian assessment authority and
  • Are recognised in your industry

If your visa refusal was declined by the AAT, there are strict time limits on how long you may remain in Australia.

You may also apply for a Bridging Visa E once you have applied for Ministerial Intervention. Once your request for Ministerial Intervention has been submitted, you are unable to leave Australia until a decision as to whether to grant your request has been made.

Book a free 15 minute consultation with our immigration lawyers to determine if you can apply for ministerial intervention

An experienced migration lawyer can make all the difference when you need.

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