Ministerial Intervention
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.
Lawful in Australia
If you are applying for Ministerial Intervention, you must be lawfully residing in Australia. If
your visa has expired, it is important that you legalise your status in Australia which may require a Bridging Visa E application.
Contact Us
Canberra Visa & Migration Services have significant experience dealing with Ministerial Intervention. If you need any assistance, please contact our office to arrange a consultation.
