Ministerial Intervention
Ministerial Intervention
If your visa application has been affirmed (rejected) by the Administrative Review Tribunal (ART), you can request Ministerial Intervention. This is where the Minister of Immigration personally intervenes in your case if the Minister believes it is in the public interest to do so.
The Minister is not legally obliged to intervene nor consider applications for Ministerial Intervention and only a small number of applications are successful. It is generally the last resort for people looking to have their matter considered.
When can you make a request
You might be able to make a request for Ministerial Intervention if you have received a decision by the Administrative Review Tribunal.
The Minister's powers to intervene are not available in the following circumstances:
there is no review decision by the ART
a Minister has already intervened to grant a visa
the ART has found that it does not have jurisdiction to review the decision
the ART has found that the review application was made outside time limits
the ART has returned your case to the Department of Home Affairs and a decision maker has made a subsequent decision on your case.
Minister's Guidelines - unique or exceptional circumstances
The Minister provides guidelines on the types of cases that might be referred for the Minister's consideration.
Strong compassionate circumstances that if not recognized 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 recognized 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.
You cannot be returned to your country/countries of citizenship or usual residence due to circumstances outside your control.
Time limits
There is no specific time-limit to apply for Ministerial Intervention, however, the Minister will not intervene in any cases where an applicant is an unlawful non-citizen.
Contact Us
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Canberra Visa & Migration Services have significant experience dealing with Ministerial Intervention. If you need any assistance, please contact our office to arrange a consultation.
Helping People Just Like You
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Can I handle my migration case without a lawyer?Technically, yes, you can manage your own migration case without a lawyer; however, it is highly recommended to seek professional assistance, especially for complex cases. Canberra Migration has a team of experienced migration consultants who are experts in Australian migration law, citizenship applications, and handling visa refusals. Navigating the intricacies of migration law requires comprehensive knowledge and attention to detail to avoid any costly mistakes or delays. Our consultants stay updated with the latest legislative changes and procedural requirements, ensuring that your application is meticulously prepared and submitted in alignment with all legal standards. Choosing Canberra Migration means leveraging our expertise for a seamless and more efficient migration process, ultimately increasing your chances of a successful outcome.
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Can migration lawyers assist with family migration?Absolutely! Migration lawyers specialize in various visa categories, including family visas, and can help navigate the specific requirements for family migration.
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How much does it cost to hire a migration lawyer or Registered migration agent in Canberra?Fees vary depending on the lawyer’s experience and the complexity of your case. It’s best to discuss this during your initial consultation to understand the total costs involved.
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What should I do if my visa application is denied?If your application is denied, consult with your migration lawyer immediately. They can advise on the best course of action, whether it’s appealing the decision or reapplying.
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How long does the visa application process take?The timeline varies significantly based on the visa type, the complexity of your case, and processing times. Your lawyer can provide estimates based on current trends.
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Do you need to pass an English test to become an Australian citizen?No, You do not need to pass a separate English test to become an Australian Citizen, however, the Australian Citizenship test is conducted in English.
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Can you become an Australian citizen if you are over 60 years old?Yes, there is no age requirement on becoming an Australian citizen. There is no citizenship test required for people applying for Australian citizenship if you are 60 years old or above.
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What is the ten year rule for Australian Citizenship?You may already be an Australian citizen and eligible for Evidence of Australian citizenship if you were born in Australia: and have been ordinarily resident in Australia throughout the first 10 years from your birth.
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What are the common reasons citizenship can be refused?The Department of Immigration may refuse an application for citizenship on the following criteria not satisfied: You are found not to be of good character; Your identity cannot be established; You represent a national security risk; You are unable to satisfy the general or special residence requirements and you are not eligible for an exemption; You have renounced your Australian citizenship within the last 12 months.
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What happens if you fail the Australian Citizenship test?Failing the test does not affect your permanent visa or stop you from living in Australia. If you fail the test, we will book another appointment for you. There is no extra cost for sitting the test again. If you do not pass the test after three appointments, your citizenship application may be refused.
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