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Ministerial Intervention

Ministerial Intervention

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Ministerial Intervention

If your visa application has been affirmed (rejected) by the Administrative Appeals Tribunal (AAT), 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 Appeals Tribunal.

The Minister's powers to intervene are not available in the following circumstances:

  • there is no review decision by the Administrative Appeals Tribunal

  • a Minister has already intervened to grant a visa

  • the AAT has found that it does not have jurisdiction to review the decision

  • the AAT has found that the review application was made outside time limits

  • the AAT 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

Canberra Visa & Migration Services have significant experience dealing with Ministerial Intervention. If you need any assistance, please contact our office to arrange a consultation.

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