Ministerial Intervention

What is Ministerial Intervention?

Ministerial Intervention refers to the power given to the Minister for Immigration under the Migration Act 1958 (Cth) to intervene in individual cases where there are exceptional and compelling circumstances and where doing so would be in the "public interest". The Minister is not obligated (and cannot be compelled) to consider every request and only exercises this power in rare situations.

The Minister may intervene under sections 351, 48B, or 195A if it is deemed to be in the public interest.

Section 351: Allows the Minister to grant a visa after a negative decision by the Administrative Review Tribunal ('ART'), but only in cases of unique or exceptional circumstances.
Section 48B: Enables a person who has been refused a Protection visa to apply for another, but only if significant new information or changed circumstances justify it.
Section 195A: Gives the Minister power to grant a visa to someone in immigration detention if it is in the public interest.

If granted, the Minister can issue a visa that allows the applicant to remain in Australia. However, if refused, the applicant has no right of appeal against the Minister’s decision.

Ministerial Intervention Request Following a Negative ART Decision (S 351)

Under Section 351 of the Migration Act, the Minister has the discretion to grant a visa to a person whose visa application was refused by the ART, if it is in the public interest. However, this request can only be made after a negative ART decision.

The minister usually does not consider a second request for ministerial intervention unless there are extremely compassionate and compelling reasons. However, in theory, one can make as many requests as one wants.
Members of the community may consider requesting permission under Section 48B (i.e., asking the Minister for permission to apply for another Protection visa based on new information).
Those in detention may consider making a request for the Minister's intervention under Section 195A.
The Minister only intervenes in cases involving ‘unique or exceptional’ circumstances.
Once made, the minister’s decision is not reviewable by a tribunal or appealable in a court of law.
Individuals eligible to apply for a Partner visa must consider applying for one instead. However, certain limitations and additional requirements apply to Partner visa applicants who do not hold a valid visa when they lodge their applications.
Applicants should be lawful and hold (or at least have applied for) a Bridging Visa (C, D, or E) when making a Ministerial Intervention request (unless they are in immigration detention). Applicants who live in the community may apply for a Bridging visa. However, the Department may refuse such an application (more so if the Applicant's previous Ministerial Intervention requests failed).
If the Minister decides to use his/her discretionary powers, he/she is not restricted by the type of visa he/she can grant, nor is he/she bound by the provisions of the Migration Regulations pertaining to the criteria of a particular visa class/subclass. In that case, the applicant does not necessarily need to satisfy the specific criteria for a particular visa.

Ministerial Intervention Request Following a Negative ART Decision on Protection Visa (S 48B)

Under Section 48B, the Minister may allow a person who has been refused a Protection visa to submit a new application if exceptional circumstances exist. This includes significant changes in conditions or plausible new information that was previously unavailable or not considered. The request should explain why the new information was not disclosed earlier, such as worsened country conditions, personal safety concerns, or issues like mental health, family violence, trauma, or fraud by a legal representative. The minister is unlikely to attach any weight to repeat requests if they are supported by convincing evidence, such as medical reports, family violence intervention orders, etc.

Applicants should be lawful on a bridging visa when applying, though those in detention can also request intervention. The Minister exercises discretion and considers only a limited number of cases, focusing on whether Australia now has protection obligations towards the applicant.

Who Can Apply for Ministerial Intervention?

A person may request Ministerial Intervention if they meet the following conditions:

They have had a Protection or another substantive visa application refused by the Department of Home Affairs.
They have appealed to the ART and received a negative decision.
They have appealed to the ART, but the ART has found the application to be outside the allowed time.
They have no further legal avenues to challenge the decision.
They can demonstrate exceptional and compelling reasons why the Minister should intervene.

Grounds for Ministerial Intervention

The Minister will only consider cases where there are unique, compelling, or exceptional circumstances, such as:

1. Strong Humanitarian or Compassionate Grounds

The applicant is at serious risk of harm if returned to their home country.
There is new evidence that severe medical conditions requiring treatment are unavailable in their country.
The applicant has serious mental health concerns, and returning would worsen their condition.

2. Significant Ties to Australia

The applicant has lived in Australia for a long time and has integrated into the community.
Close family members (such as a spouse or children) are Australian citizens or permanent residents.
The applicant has established a strong work history and made substantial community contributions, and permission to live in Australia would greatly benefit the country, its economy, and its people.

3. Contribution to Australia’s Interests

The applicant possesses unique skills or qualifications that benefit Australia.
They have made significant contributions to the community, such as volunteering or charity work.

Circumstances the Minister Will NOT Consider

Claims that have already been assessed and rejected by the Department or ART.
Financial hardship or general employment difficulties.
Family reunification requests that do not involve exceptional hardship.
Cases involving criminal history or character concerns.

How to Apply for Ministerial Intervention

Step 1: Ensure Eligibility

The applicant must have exhausted all appeals with the ART.
The applicant must not have any other visa options available.
There must be strong evidence supporting the exceptional circumstances.

Step 2: Prepare the Required Documents

Applicants must complete and submit the following forms:

Request for Ministerial Intervention
Letters, reports, statutory declarations, evidence of exceptional hardship, etc., supporting your request
MPs' support letters
Character Reference Letters (if possible)

Step 3: Submit the Request

The completed request must be sent to the Department of Home Affairs for consideration (either by post, email, or through the online Contact The Minister Form). If the request is deemed suitable, the Department may refer it to the Minister. However, the Minister is not required to review or act on every request.

What Happens After Submission?

If the Minister agrees to intervene, the applicant may be granted a permanent or temporary visa to remain in Australia.
If the request is refused, the applicant must prepare to depart Australia. A Bridging Visa E (subclass 050) may sometimes be granted to allow time for departure arrangements.
There is no further appeal process after a Ministerial Intervention request is refused.

Key Considerations for Ministerial Intervention Requests

Strong supporting evidence is essential – A well-prepared case with medical, legal, or humanitarian evidence increases the chances of success.
Legal advice is highly recommended – Migration professionals can help identify valid grounds and structure the request effectively.
Timely submission is crucial – Delays can impact visa status and may result in unlawful stay.
The processing of the request may take somewhere between 2 - 4 years or so.

Warning! Please note that Australian immigration laws and policies are highly complex and dynamic. Therefore, no information provided on this website in relation to Australian immigration laws and policies (or on any other matter) is intended to be legal advice. Please read our Terms and Conditions.