Ministerial Intervention in Australia – What You Should Know

The Migration Act 1958 includes special provisions that give the Minister for Home Affairs the authority to intervene in individual migration cases. These powers are known as Ministerial Intervention or Ministerial Discretion and are outlined in Sections 351, 417, and 501J of the Act.

Ministerial Intervention gives the Minister wide-ranging powers to make immigration decisions that sit outside the standard visa criteria. This means the Minister can personally assess and act on cases in the public interest or under exceptional circumstances.

Some examples of what the Minister can do include:

  • Granting visas on humanitarian grounds
  • Waiving health or character requirements
  • Extending an existing visa due to changes in circumstances

What Is Ministerial Intervention?

Ministerial Intervention is a rare and discretionary process where the Minister for Home Affairs can personally grant a visa or immigration status to individuals who cannot qualify through normal application channels. It is designed for exceptional situations that warrant special consideration.

How Does It Work?

The Minister has complete discretion over whether or not to intervene in a case. This means they are not legally required to consider every request.

When assessing a request for intervention, the Minister considers:

  • The individual's personal situation
  • The nature of their immigration issue
  • The broader public interest
  • To qualify for this process, applicants must have: Exhausted all other options (including appeals and reviews) & Provided detailed evidence and documentation supporting their need for intervention

How Do You Request Ministerial Intervention?

If you’re dealing with a migration issue that cannot be resolved through standard procedures, you may be eligible to request Ministerial Intervention.

Here’s how to begin:

  • Contact the Status Resolution Service with your full case details
  • Submit all relevant supporting documents
  • If you are found eligible, the Service will provide you with the appropriate forms and instructions

What Happens After You Apply?

Once your request is submitted, the Minister for Home Affairs will review your case.

This process may involve:

  • Requesting more information
  • Consulting with other government agencies
  • Assessing the impact on public interest and immigration policies

If the Minister chooses to intervene, they’ll issue a decision notice outlining:

  • The visa or immigration status granted
  • Any conditions that may apply (such as specific compliance requirements)

Benefits of Ministerial Intervention

Ministerial Intervention can offer key advantages for those facing complex visa issues:

  • Resolution of difficult cases not covered by standard visa categories
  • Faster decisions compared to routine processing channels
  • Flexibility, allowing for exceptions in extraordinary circumstances
  • A chance to submit additional evidence that wouldn't normally be reviewed

What Influences a Ministerial Decision?

Several factors are considered before granting intervention, including:

  • Your current immigration situation
  • The reason normal visa processes can't apply
  • The effect of the decision on you and your family
  • The public interest
  • Your compliance history with Australian immigration laws

Supporting Documents for Ministerial Intervention

To give your case the best possible chance, it is vital to include strong, clear evidence, such as:

  • Proof of your residence, employment, or family ties in Australia
  • Documentation showing why you can't resolve your issue through normal processes (e.g., letters from government bodies or lawyers)
  • Evidence of compliance with visa conditions, including fines paid or obligations met
  • Any other supporting documents that help your case

Get Help from Professionals

Ministerial Intervention can be complicated and demanding, especially if you're already under immigration stress. Seeking guidance from a registered migration agent or immigration lawyer can greatly improve your chances.

A professional can help you:

  • Understand eligibility
  • Compile required documents
  • Represent your case throughout the process