Minister Intervention

What is Minister Intervention?

Ministerial Intervention under the Migration Act 1958 is when there is a need for the Minister for Immigration, Citizenship, and Multicultural Affairs to take on the matter personally, and that it is thought that doing so is within public interest.

However, it must be emphasised that not all requests for minister intervention are granted, which leads us to the next important question.

When Can You Request For A Minister Intervention

There are two (2) circumstances when a request for a minister intervention may be granted, namely:

• If the Administrative Appeals Tribunal or AAT under the Migration and Refugee Division upheld the initial decision and refused your application.
• If your protection visa application has been refused (must be within the last 6 months, unless there is a very reasonable circumstance that led to the delay)

For both instances, the request must be done in writing and addressed to the Minister. It must be separate from any other request for intervention.

Cases That The Minister CAN Intervene In

The Minister has the power to grant a request for intervention if:

• The visa refusal is highly likely to result in serious harm toward an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident;
• The visa refusal is significantly likely to cause irreversible harm to you because of a compassionate matter involving your age, physical health, and/or psychological state;
• The grant of your visa carries exceptional economic, scientific, and/or cultural or other benefits that, if ignored, is the country’s own loss;
• The application of a relevant piece of legislation creates an unfair outcome in your specific situation;
• Your visa refusal leads to you being forced to return to your home country, but you cannot do so and it’s beyond your control.

Cases That The Minister CANNOT Intervene In

The Minister cannot intervene in certain cases if:

• An unauthorised individual or representative has made the request the individual is in the community and is an unlawful non-citizen when the request was made the individual is uncooperative in presenting a valid travel document the individual did not meet the criteria related to fraud under the Public Interest Criterion.
• The individual’s visa has been revoked due to a violation of visa conditions.
• The individual’s visa application has been denied due to non-compliance with conditions from a previous visa.
• The individual has had their visa refused or cancelled based on character grounds.
• The individual has received an Adverse Security Assessment (ASA) after being identified as a national security risk by the Australian Security Intelligence Organisation (ASIO) the individual left Australia.
• The individual has an ongoing application for a substantive visa, either onshore or offshore.
• The individual has an ongoing application for merits review with the Tribunal.
• The individual has pending minister intervention requests.
• The review tribunal decision pertained to the refusal or cancellation of a Bridging visa E.
• A notice of intention to remove has been issued, and the Department has not initiated ministerial intervention requests the individual holds a Bridging visa E with visa condition 8512, specifying their departure date from Australia the request raises claims solely concerning Australia’s nonrefoulement obligations.

Seeking Legal Assistance From a Professional to Fight For Your Case

Getting your visa application rejected twice is double the heartbreak, but that is where a Minister Intervention comes in and serves as a good last resort. But in order to gauge your success and chance of being granted a minister intervention refugee hearing and have your case tried, you need the most skilled lawyer who can convince the Minister that you deserve a visa grant.

Why choose a lawyer from Parish Patience to legally represent you?

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We’ve helped thousands of individuals realise their permanent residency and Australian citizenship dreams through stress-free visa processing with the help of experts.

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Since 1888, Parish Patience stayed true to its commitment of delivering a client-first approach for every legal case we handle.