Ministerial Intervention in Australia

Ministerial Intervention is a last resort option for individuals seeking discretionary intervention by the Minister for Immigration, Citizenship, and Multicultural Affairs to grant a visa on public interest grounds.

Only a small number of applications for Ministerial Intervention are successful, making professional legal representation critical for presenting the strongest possible case.

Ministerial Intervention Requirements

1. The Case Must Have Been Reviewed by the ART

The Minister only considers applications that have first been reviewed by the Administrative Review Tribunal (ART). In some cases, the Tribunal Member may recommend a case for Ministerial Intervention.

2. The Case Must Meet the Minister’s Guidelines

The Minister has set specific guidelines outlining circumstances where intervention may or will not be considered.

3. The Applicant Must Be Lawfully in Australia

Applicants must hold a valid visa at the time of application. If a visa has expired, legal steps such as a Bridging Visa E (BVE) application may be required to regularize immigration status.

What is Ministerial Intervention?

Ministerial Intervention is when the Minister personally exercises discretionary powers under the Migration Act 1958 to overturn a visa refusal or cancellation and grant a visa in the public interest.

However, the Minister is not legally required to intervene or consider a request for Ministerial Intervention.

When Does the Minister Intervene?

The Minister may intervene if:

• There are strong compassionate circumstances, where failing to intervene would cause serious, ongoing, and irreversible harm to an Australian citizen or permanent resident family unit.
• The applicant has significant health, psychological, or age-related concerns that would result in serious hardship.
• The applicant’s presence would provide exceptional economic, scientific, or cultural benefits to Australia.
• The case involves unintended consequences of migration law that lead to unfair or unreasonable results.
• The applicant cannot be returned to their country due to factors beyond their control.

Ministerial Intervention Requirements

1. The Case Must Have Been Reviewed by the ART

The Minister only considers applications that have first been reviewed by the Administrative Review Tribunal (ART). In some cases, the Tribunal Member may recommend a case for Ministerial Intervention.

2. The Case Must Meet the Minister’s Guidelines

The Minister has set specific guidelines outlining circumstances where intervention may or will not be considered.

3. The Applicant Must Be Lawfully in Australia

Applicants must hold a valid visa at the time of application. If a visa has expired, legal steps such as a Bridging Visa E (BVE) application may be required to regularize immigration status.

What is Ministerial Intervention?

Ministerial Intervention is when the Minister personally exercises discretionary powers under the Migration Act 1958 to overturn a visa refusal or cancellation and grant a visa in the public interest.

However, the Minister is not legally required to intervene or consider a request for Ministerial Intervention.

When Does the Minister Intervene?

The Minister may intervene if:

• There are strong compassionate circumstances, where failing to intervene would cause serious, ongoing, and irreversible harm to an Australian citizen or permanent resident family unit.
• The applicant has significant health, psychological, or age-related concerns that would result in serious hardship.
• The applicant’s presence would provide exceptional economic, scientific, or cultural benefits to Australia.
• The case involves unintended consequences of migration law that lead to unfair or unreasonable results.
• The applicant cannot be returned to their country due to factors beyond their control.

When Does the Minister Not Intervene?

The Minister generally will not intervene in cases where:

• The request is made by someone other than the applicant or an authorized representative.
• The applicant is unlawfully residing in Australia throughout the Ministerial Intervention process.
• The applicant has a history of non-compliance, including previous visa cancellations or breaches.
• The applicant has been refused a visa on character grounds.
• The applicant has adverse security assessments from the Australian Security Intelligence Organisation (ASIO).
• The applicant holds a Bridging Visa E (BVE) with condition 8512, requiring them to leave Australia by a specific date.
• The applicant has an ongoing visa application, tribunal review, or court appeal.
• The applicant has multiple ongoing Ministerial Intervention requests.
• The case only raises claims under non-refoulement obligations (protection claims under international law).

When Can You Apply for Ministerial Intervention?

The Minister can only intervene if there is an existing review decision from:

• The Administrative Review Tribunal (ART) (formerly AAT, MRT, RRT, or IRT)
• The Migration Internal Review Office

Applicants must hold a valid visa while awaiting a decision on their Ministerial Intervention request. In most cases, this will be a Bridging Visa E (BVE).

How Global Vision Migration Can Assist You

At Global Vision Migration, we provide expert legal representation for Ministerial Intervention cases. Our services include:

• Assessing eligibility based on the Minister’s guidelines.
• Preparing a strong application with detailed supporting evidence.
• Presenting compelling legal arguments for intervention.
• Managing all required documentation and communication with the Department.

Ministerial Intervention requests are complex and rarely granted. Seeking professional legal advice improves your chances of success.