Ministerial Intervention to Grant a Visa
Ministerial Intervention to Grant a Visa
The Minister for Immigration has discretionary powers under the Migration Act 1958 to replace a decision of the Administrative Appeals Tribunal (AAT) with a more favorable decision if it is deemed to be in the public interest.
Ministerial Intervention is the last option available in the visa process after all other administrative appeal options have been exhausted. However, Ministerial Intervention is discretionary, and the Minister is not obligated to intervene. Only a small number of requests are successful, and if intervention is denied, the applicant will be expected to leave Australia.
Visa Subclass
When Will the Minister Intervene?
Unlike the Department of Home Affairs and the AAT, the Minister is not bound by specific visa regulations and may grant a visa different or better than the one originally applied for. The Minister may intervene in cases where:
- There are strong compassionate reasons, such as a family member being an Australian citizen, and removal would cause the family serious harm.
- The applicant is in ill health, and removal would result in serious harm.
- There is an exceptional scientific, economic, or cultural benefit to Australia if the applicant remains.
- The applicant cannot be returned to their country of origin due to circumstances beyond their control.
- The applicant is at risk of mistreatment in their home country, even though they do not qualify for refugee status.
- The applicant has been refused a Protection Visa on character grounds but faces the risk of harm if returned to their home country.
When Will the Minister Not Intervene?
Not all decisions are reviewable by the AAT. For example:
- The AAT has not yet made a decision.
- The AAT does not have jurisdiction over the matter.
- The application was made outside the required time limit.
- The Minister has already intervened once to grant a visa.
- The Minister has already intervened once to grant a visa.
Legal Advice & Ministerial Intervention Requests
A request for Ministerial Intervention requires careful preparation, including a detailed submission and supporting documentation outlining compelling, unique, or exceptional circumstances.
If you have received a visa refusal from the Department or the AAT and wish to request Ministerial Intervention, we strongly advise booking a consultation with one of our expert migration lawyers.
How We Can Help
At AK Migration & Visa Services, we assist applicants with:
- Assessing eligibility for Ministerial Intervention.
- Assessing eligibility for Ministerial Intervention.
- Ensuring compliance with all visa requirements to maximize the chances of a successful outcome.
Contact us today to explore your visa review and appeal options!
Disclaimer: This content is for general information purposes only and does not constitute immigration advice. Due to frequent changes in migration law, the accuracy of this information cannot be guaranteed. For the latest updates, please refer to the official Australian Government website.