Ministerial Intervention
The Migration Act 1958 provides the Minister with public interest powers to override decisions made by merits review tribunals if deemed necessary for public interest. Therefore, a ministerial intervention application is made if you have received a decision from a merits review tribunal. Below is an overview of the key points regarding ministerial intervention:
Minister’s Public Interest Powers
Authority and Scope: Sections 351, 417, and 501J of the Migration Act 1958 provides the Minister to replace a merits review tribunal’s decision with a more favorable one if it’s considered in the public interest. A ministerial intervention is assessed on the Minister’s guidelines, which outline the types of cases considered for referral. Note: many ministerial cases are deemed inappropriate for intervention based on set guidelines.
Unsuccessful Requests:
- Ministerial intervention is not a part of the visa process and is rarely successful. The Minister is not obligated to intervene or review every case.
- If a request is unsuccessful, individuals are expected to leave Australia promptly if no other immigration matters are ongoing. Remaining without a valid visa could lead to detention and removal, as well as a debt to the government for removal costs.
Bridging Visa Status and Requirements
Maintain a Valid Visa:Â Individuals must hold a valid visa or have applied for a Bridging visa C, D, or E during the processing of a ministerial intervention request. The Minister prefers not to consider requests from unlawful non-citizens in the community.
Who can make a Request
When to Request:Â Requests for ministerial intervention can be made following a decision by a merits review tribunal, such as the Administrative Appeals Tribunal (AAT).Â
The Minister will not consider:
- No merits review decision exists.
- A minister has already intervened.
- The tribunal lacked jurisdiction, found the review application was late, or returned the case for further consideration and a Department Officer has made a subsequent decision on your case.
Who Can Request:Â
- Requests can be made by the individual or their authorized representative.
- The AAT also has the power to refer your case to the Minister for consideration.
Eligibility for Making a Request
See the list below for eligibility for making a request, but It’s important to note that this list is not exhaustive, and meeting these circumstances or providing the listed documents does not guarantee a successful outcome for your request.
Strong Compassionate Circumstances:
- Statutory declaration outlining the harm to an Australian citizen or permanent resident.
- Medical reports indicating ongoing care needs.
- Supporting letters from affected family members.
Compassionate Circumstances Regarding Age, Health, or Psychological State:
- Evidence of age and health status.
- Statutory declaration detailing harm due to age or health.
- Letters of support from family members or caregivers.
Exceptional Economic, Scientific, Cultural, or Other Benefit:
- Awards, industry recognition, or letters of support.
- Evidence of qualifications and skills recognition in Australia.
- Employer references or business statements.
Unforeseen Legislative Circumstances:
- Documentation demonstrating unforeseen circumstances or unintended consequences of legislation.
- Evidence of unfair or unreasonable outcomes due to visa refusal.
Inability to Return to Country of Citizenship or Residence:
- Identity evidence.
- Proof of inability to obtain or refusal of travel documents.
It’s crucial to provide thorough documentation supporting your claims, tailored to your specific circumstances. Additionally, any assertions about your home country, including access to healthcare, will be verified.
Inappropriate Cases for Consideration
Exclusions:Â Cases are considered inappropriate for ministerial intervention if they involve issues like:
- Unlawful non-citizens who do not cooperate in obtaining valid travel documents.
- Individuals with a history of fraud, visa breaches, or character issues.
- Those who can apply for a Partner visa or have ongoing visa applications or merits reviews.
Final Note
The guidelines and requirements are stringent, and only a few requests are successful. Avoid using removable electronic devices for submission and be ready to provide further information if needed.