Ministerial Intervention
Under the Migration Act 1958, the Minister for Home Affairs holds the authority of Ministerial Intervention, which empowers them to intervene and replace a decision made by the Administrative Review Tribunal (ART) on an individual’s migration case. The Minister is not legally obligated to intervene, but they can make a decision that is more favourable to the visa applicant if they believe it is in the public interest to do so. It must also be considered a unique and exceptional case.
The Department of Home Affairs (Department) advises that only a small number of requests for Ministerial Intervention are referred to the Minister, and an even smaller number are successful.
Who Can Request Ministerial Intervention?
Only visa applicants who have received an unfavourable decision from the ART are eligible to request Ministerial Intervention. The request must be made in writing, usually after all appeal options with the ART have been exhausted. Legal representatives may submit the request on behalf of the applicant.
What Can Be Included in a Ministerial Intervention Request?
A strong request for Ministerial Intervention often includes:
- Humanitarian or compassionate circumstances;
- Strong ties to Australia (e.g. family, employment, or community involvement);
- Length of time lawfully spent in Australia;
- Hardship that would be caused if the applicant were to return to their home country;
- Contributions made to Australian society;
- Impact on Australian children or other dependants.
Ministerial Intervention is a discretionary power and is not granted simply because the case has merit or legal error.
When Does Ministerial Intervention Not Apply?
Ministerial Intervention is not available in the following circumstances:
- There is no review decision by a merits review tribunal;
- A minister has already intervened to grant a visa;
- A tribunal has found that it does not have jurisdiction to review a decision;
- A tribunal has found that the review application was made outside the time limits
- A tribunal has returned the case to the Department for further consideration, and one of the Department’s decision-makers has subsequently made a decision on the case.
How Long Does Ministerial Intervention Take?
There is no set timeframe. In some cases, it may take several months or more to receive a response. During this period, many eligible applicants remain in Australia on a bridging visa.
What Happens If the Minister Decides Not to Intervene?
If the Minister decides not to intervene, there is usually no further avenue of appeal. The Department may then issue a notice requiring the applicant to leave Australia. The Minister is not required to give reasons for their decision.
Can You Work or Study While Waiting for a Decision?
Whether you can work or study while awaiting a Ministerial Intervention outcome depends on your current visa conditions. If you are on a bridging visa, your ability to work or study will be determined by the conditions of that visa.
Examples of Ministerial Intervention:
Examples of where the minister has intervened are:
Permanent Residency Granted to Bhutanese Family After Intervention
A Bhutanese family faced deportation as their deaf son was previously deemed a ‘cost’ to Australian taxpayers. The family was granted permanent residency after a Ministerial Intervention.
Lebanese National Granted Stay After 18 Years in Australia
A visa applicant from Lebanon was rejected for a protection visa and a subsequent medical treatment visa. A request for Ministerial Intervention was then made for several reasons, including living in Australia for 18 years and not having access to medical treatment in his home country. The visa applicant was able to remain in Australia.
Contact Us
For professional consultation on seeking Ministerial Intervention in your visa case, contact Bambrick Legal today:
- Schedule a professional consultation with our specialists here
- Call us on 08 8362 5269
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Please note: Our migration and citizenship consultations are provided on a fee basis.
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