Ministerial Intervention
If your visa application has been rejected by the Administrative Appeals Tribunal (AAT), you have the option to request Ministerial Intervention.
Ministerial Intervention allows the Minister for Immigration to step in and review your matter if they believe it is in the public interest to do so.
Unlike Immigration and the AAT, the Minister of Immigration is not bound by visa rules and regulations. The decision on whether to intervene or not, based on what is considered in the public interest, is solely at the discretion of the Minister. There is no immigration obligation for the Minister to intervene or even consider intervening.
It is imperative to request ‘Ministerial Intervention’ before your associated bridging visa expires.
Eligibility:
Compassionate grounds:
- Your removal from Australia would have a significant impact on you, your family and/or your community.
- Your health would greatly deteriorate if your request is not considered.
Significant positive impact on Australia’s economy, science, or culture:
- Your skills and qualifications have been recognized by a relevant Australian assessment authority.
- Your expertise is valued in the industry.
You can apply for a ‘Bridging Visa E’ after submitting your request for Ministerial Intervention. However, once your request is lodged, you cannot leave Australia until a decision is made on whether to grant your request.
Minister intervenes in a Visa Decision:
Once you have submitted a request for Ministerial Intervention, the Minister will only intervene and grant a visa, disregarding decisions made by the Department of Home Affairs (DOHA) and previous decision-making bodies, if they genuinely believe that significant compassionate circumstances exist or it is in the best interests of the Australian public.
Successful requests for ‘Ministerial Intervention’ are rare, as the criteria for unique or exceptional circumstances are very stringent. The Minister may consider intervening if the failure to do so would cause serious, ongoing, and irreversible harm to an Australian citizen or family, if you are unable to return to your home country due to uncontrollable circumstances, or if you have an outstanding ability to make meaningful contributions to Australian society.
If the Minister chooses not to intervene in your matter, you are expected to leave Australia before your current visa expires.
Here’s how we assist:
Our experienced team can assist you with making a ‘Ministerial Intervention’ application and providing valuable guidance throughout the process.
- ‘Ministerial Intervention’ typically represents the last opportunity for an individual to stay in Australia and address their situation.
- It requires a comprehensive submission and specific documentation that supports compelling, unique, or exceptional circumstances for the Minister’s consideration.
Need more information or have questions that your seeking answers for?
Our experienced immigration specialists can make all the difference, talk to us about your
matter with ease and let us assist you in navigating to a successful outcome.
Give us a call at +61 3 9125 8872 or Contact Us online.