Ministerial Intervention
Overview
This information describes the Minister’s public interest powers in sections 351, 417, and 501J of the Migration Act 1958 and explains the types of cases that might be referred to the Minister and those that will not.
The Minister has the authority under the Migration Act 1958 to replace a merits review tribunal’s decision with a more favorable one if it is in the public interest.
You should not assume your request for ministerial intervention will be referred to the Minister. The Minister is not obliged to review or intervene in your case. Most requests are finalized by the Department following the Minister’s guidelines, and only a few are referred to the Minister.
Minister’s guidelines
The Minister’s guidelines outline the types of cases that might be considered for referral. We assess all requests against these guidelines. Requests that do not meet the criteria will be finalized by us. Most requests do not meet the guidelines and are not referred to the Minister.
The Minister has specified the unique or exceptional circumstances under which a case might be referred for consideration.
The guidelines also indicate that certain cases not meeting the referral criteria are inappropriate for consideration. The Minister expects us to finalize such requests without further processing.
Unsuccessful requests
Ministerial intervention is separate from the visa process, and only a few requests are successful. The Minister is not obligated to consider or intervene in your case.
We will communicate the outcome of your request in writing to you or your authorized representative.
If your request is unsuccessful and you have no other ongoing immigration matters, you should leave Australia promptly.
If departing promptly is not feasible due to specific circumstances, please reach out to your nearest immigration office. Remaining in Australia without a valid visa may result in detention and removal by the Department. Additionally, you may incur a debt to the Australian Government for the costs associated with your removal.
Your visa status is important
Your engagement with us is expected to continue, and if you are in Australia, you should make arrangements to depart even if you’ve requested ministerial intervention.
Unless you are in immigration detention, it’s expected that you hold a valid visa throughout the processing of your intervention request. The Minister prefers not to consider requests from unlawful non-citizens in the community. If you are unlawfully in the community, we will finalize your request without further processing.
This implies that you should hold a bridging or other visa, or have applied for a Bridging visa C, Bridging visa D, or Bridging visa E.
If you have inquiries about your immigration status during the processing period, or if you’ve received a letter prompting you to address your immigration status, please contact us promptly.
An alternative pathway for partners
If you’re the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, you may qualify to apply for a Partner visa, even if you’ve been denied another visa type while in Australia.
The Minister has stated that it’s not suitable to entertain ministerial intervention requests from individuals eligible to apply for a Partner visa. Consequently, we’re expected to conclude such requests without additional processing.
If you’ve previously been denied a Partner visa application while in Australia, the Minister has deemed it inappropriate to consider your case under public interest powers. As a result, we’re expected to finalize such requests without further processing.
When you can make a request
You may be eligible to request ministerial intervention if you’ve received a decision from a merits review tribunal, such as the Administrative Appeals Tribunal (AAT), or for decisions made before July 1, 2015, the Migration Review Tribunal and the Refugee Review Tribunal.
However, there are certain circumstances where the Minister’s powers are not applicable:
- There is no review decision by a merits review tribunal.
- A Minister has already intervened to grant a visa.
- A tribunal has determined it lacks jurisdiction to review a decision.
- A tribunal has found that the review application was submitted outside the specified time limits.
- A tribunal has returned your case to us for further consideration, and a subsequent decision has been made by one of our decision-makers.
If your request cannot be considered under the Minister’s public interest powers for any of these reasons, we will inform you in writing.
It’s important not to withdraw any application for judicial review with the expectation that the Minister will intervene in your case, as only a small number of requests for ministerial intervention are successful.
Who can make a request
You or your authorized representative can request ministerial intervention if you’ve undergone a merits review tribunal decision. However, we will only communicate with a third party about your request if we have relevant authority from you.
If you’re represented by a registered migration agent or an exempt person, you must furnish a completed Form 956 – Advice by a migration agent/exempt person of providing Immigration assistance. This form should specify that your representative is authorized to engage with us regarding the specific matter of ministerial intervention.
Should you wish for us to communicate with a person who is not a registered migration agent or an exempt person (where form 956 applies), or to send documents related to your request to an authorized recipient, you must provide a completed Form 956A – Appointment or withdrawal of an authorized recipient.
Including family members
You may include family members in your request for ministerial intervention only if they have also undergone a merits review tribunal decision in their respective cases.
How to make a request
You or your authorized representative can address a letter to the Minister to request ministerial intervention.
In your request, you should specify exactly who is included, mention your departmental reference number (e.g., Client Identity number) if available, and attach a copy of your tribunal decision for quick identification of your case.
It’s essential to provide detailed information about your circumstances and explain why you believe they are unique or exceptional. Additionally, include all relevant supporting documentation. We are not obligated to request further information from you and will typically assess your case based on the documents provided initially.
Provision of documents
We do not accept information provided on removable electronic devices like USBs and CD-ROMs, in compliance with our information and communications technology security policy.
You should furnish certified copies of any supporting documentation along with your request. If you cannot provide supporting documentation, you must explain why it’s unavailable or why it’s unreasonable for you to provide it. Failure to provide supporting documentation, or compelling reasons for its absence, may result in less weight being placed on your claims.
Certified copies are copies authenticated or stamped as true copies of the original. In Australia, certification can be done by various authorized individuals such as a magistrate, Justice of the Peace, solicitor, registered medical practitioner, and others. For a complete list of individuals who can certify documents, please refer to the Statutory Declarations available through the Attorney-General’s Department website.
If you require certification outside Australia, please contact the nearest Australian mission for details on individuals authorized to certify documents in that country.
Non-English documents must be accompanied by accurate English translations. Documents lacking an English translation will not be accepted.
Translations should be conducted by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). A list of available translation services can be found on the NAATI website.
We may request additional information after receiving your supporting documents. For instance, you may be asked to undergo a health examination, provide police clearances, or furnish appropriate documentation to validate claims regarding family members’ citizenship. If additional information is requested, you must comply within the specified timeframe
Important note
We do not accept documents stored on removable electronic devices like USBs or CD-ROMs. Such documents will not be accessed by the Department and will be returned without consideration.
If you choose to leave Australia
If you decide to depart Australia without obtaining a return visa while your request for ministerial intervention is still being processed, we reserve the right to finalize your request without further processing. Further details can be found by consulting the Minister’s guidelines for referral.
Unique or exceptional circumstances
The Minister has outlined various unique and exceptional circumstances that could be brought to their attention. 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 to consider
The Minister has advised us that cases with certain circumstances are inappropriate for consideration and will be finalized without referral. We will notify you or your authorized representative in writing if your case falls under any of the following circumstances:
- The request is made by someone other than the subject or their authorized representative.
- The person is an unlawful non-citizen throughout the Ministerial intervention request and does not cooperate in obtaining a valid travel document.
- The person has been found not to satisfy a fraud-related Public Interest Criterion or has had their visa canceled for breaching visa conditions.
- The person has been refused a visa or had a visa canceled on character grounds, or ASIO has assessed them as a security risk.
- The person could apply for a Partner visa onshore but has not sought a waiver of visa condition 8503 or applies under regulation 2.12(1) of the Regulations but is barred from applying.
- The person has left Australia, has an ongoing visa application or merits review, or holds a Bridging visa E with condition 8512.
- The request only raises claims regarding Australia’s non-renouncement obligations.