Ministerial Intervention Requests
Ministerial Intervention requests are written submissions to the Minister of Immigration (Dept of Home Affairs).
You can make a request for ministerial intervention if you have received a decision by a review tribunal (AAT Migration Division and Refugee Division). This is because the Minister’s public interest powers need a review tribunal decision to exist before he can intervene.
However, there are certain limited circumstances where the minister cannot intervene even after a decision by a Tribunal. These include where:
- A decision not to grant a visa is not a decision that can be reviewed by the relevant Tribunal
- The Tribunal has sent a case back to the Minister for further consideration and a decision-maker has made a subsequent decision on the visa
- a finding by the Tribunal that the application made to the Tribunal was invalid as it was not made within the required time frame
- a decision of the AAT that is not in respect of an AAT (MRD) reviewable decision or a protection visa decision.
To be successful requests for Ministerial Intervention need to argue unique or exceptional circumstances.These include
- Circumstances that may bring Australia’s obligations as a party to the Convention on the Rights of the Child (CROC) into consideration. Under CROC, the best interests of a child will be considered as a primary consideration. This includes you, if aged under 18, or a child with whom you have a close relationship.
- Strong compassionate circumstances such that failure to recognise them would result in irreparable harm and continuing hardship to an Australian citizen or permanent resident should you leave the country.
- Exceptional economic, scientific, cultural or other benefit to Australia.
- Compassionate circumstances regarding your age and/or health and/or psychological state such that failure to recognise them would result in irreparable harm and continuing hardship to you.
- Length of time you have been present in Australia and your level of integration into the Australian community.
- Circumstances that the legislation does not anticipate or clearly unintended consequences of legislation or the application of relevant legislation leads to unfair or unreasonable results.
- You are unable, through circumstances outside your control, to return to your country/countries of citizenship or usual residence.
Requests for Ministerial Intervention are potentially life changing.
In most cases, it is the final chance for many temporary residents in Australia to become permanent residents.
To request an experienced registered migration professional to construct your request for Ministerial Intervention
Contact Us and provide a brief explanation of your circumstances and the type of assistance you require.