Ministerial Intervention Lawyers in Sydney and Melbourne
Ministerial intervention is a personal power of the Minister for Immigration to substitute a more favourable decision when the review process has ended and the outcome still seems wrong. It is discretionary, there is no right to it, and a weak request is unlikely to get far.
Our migration lawyers prepare ministerial intervention requests for individuals and families, in person at our Sydney and Melbourne offices or by video call from anywhere in Australia. We work to a fixed fee, so you know the cost up front.
- Fixed fees, agreed up front
- Offices in Sydney and Melbourne
- Video consultations Australia-wide
- Led by Principal Lawyer Tina Nematian
How we help
Assessing whether a request is available
We read your Tribunal decision and your visa history to confirm which power applies, whether your matter fits the current guidelines and whether other options, such as judicial review or a new application, come first.
Learn moreReading the current guidelines
The Minister's instructions changed in September 2025 and now use objective criteria. We measure your circumstances against them so the request addresses the right thresholds instead of guessing, and tells you plainly if your matter is unlikely to meet them.
Learn moreBuilding the summary and submission
The guidelines ask for a structured summary and full supporting submission. We organise your facts, the Tribunal's findings and the public interest case into a clear document that a decision-maker can follow quickly, with the key facts and the public interest argument stated up front.
Gathering supporting evidence
We help identify and collect the evidence that carries weight, such as medical, family, community and country information, and we check each document is current, relevant and consistent with the rest of your file and the Tribunal's findings.
Requests after an ART decision
Where the Administrative Review Tribunal has affirmed a refusal or cancellation, we advise on a request under section 351 or, for protection matters, section 501J, and how it fits with the timing of any court options that are still open to you.
Learn moreRepeat and re-framed requests
If an earlier request was closed or did not proceed, we review why, then advise whether anything has changed that would justify a new request, rather than sending the same material again and hoping for a different result.
Protection visa bars
Where a protection visa refusal or cancellation prevents a new application, we advise on whether a request under section 48B or section 46A(2) is relevant and what the current guidelines say about when it is appropriate.
Managing status while you wait
A request has no deadline for a decision. We advise on your visa status and lawful stay while it is considered, and how to keep the Department updated if your circumstances change, such as a new child, a medical diagnosis or a change of address.
What ministerial intervention is, and what it is not
The Migration Act 1958 gives the Minister several personal powers to replace a decision with a more favourable one if it is in the public interest. For most people the relevant power is section 351, which applies to decisions of the Administrative Review Tribunal (ART). Section 501J does the same for certain protection visa decisions. Related powers in sections 46A(2) and 48B(1) can lift a bar on making a visa application. Home Affairs publishes the process on its ministerial intervention page.
It helps to be clear about the limits.
- It is a last resort. You generally need to have been through merits review first. The Minister's power is not a second appeal, and it does not turn on whether the ART made an error, which is a question for the courts.
- It is non-compellable. The Minister has no duty to consider using the power, whether or not a request is made, and can decline to consider a request or decide not to intervene after looking at it.
- There is no deadline and no right of review. There is no statutory time limit for making a request, and no right to ask a tribunal or court to review a decision to decline. Waiting times are not fixed.
- Not every request reaches the Minister. Under the guidelines signed on 4 September 2025, a request is assessed against objective criteria first, and those that do not meet them are closed.
Our guide to the September 2025 guidelines explains the framework in detail. If your Tribunal review is still open, the appeals page covers that stage first.
What the Minister looks for under the current guidelines
The test is public interest, and the guidelines set out what that means in practice. Rather than a free-form letter, the request is assessed first against defined circumstances where referral is considered appropriate and others where it is not. The Department's published instructions also set out who may make a request, what the summary and submission must contain, and how requests are handled. The primary documents are on the Home Affairs website.
In general terms, requests that put forward a clear, evidenced reason why the outcome is unjust or unreasonable, and that deal honestly with the Tribunal's findings, are better placed than requests that repeat the arguments already rejected. The guidelines aim to discourage unmeritorious and repetitive requests, so quality matters more than volume, and a short, well-organised submission usually serves you better than a long one.
A request may be made by you or your authorised representative, and in some cases the Tribunal may refer a matter itself.
How we prepare a ministerial intervention request
We start by reading the Tribunal decision and the refusal behind it, then confirm the power that applies and whether your matter fits the guidelines. If it does not, we tell you that plainly, and explain what else may be open to you.
If a request is viable, we gather the evidence, structure the summary and full submission as the guidelines require, and review everything for consistency before it goes in. Because pre-existing requests were closed in large numbers after the High Court's decision in Davis, some people have the option of a fresh request under the updated framework, and we can check whether that applies to you.
Repeat requests are a particular risk. If you have asked before, we look at why it did not proceed and whether there is something new to say. Sending the same material again is unlikely to help, and an unfocused request can use up the strongest part of your case.
We also keep your lawful status in view throughout, because the request does not stop other consequences of a refusal from running.
Talk to a lawyer about your situation
Book a ConsultationAwards and Affiliations
We believe in the power of migration.
Simplifying Immigration, Connecting Humanity.
Our Team Members
Tina Nematian
Founder & Principal Lawyer
Ivana Djoneski
Immigration Practice Lead
Joseph Sukkar
Immigration Lawyer
Simon Jeans
Special Counsel
Eva Chen
Senior Registered Migration Agent
Maria Reglos
Finance Lead
Think a ministerial request may be your next step?
Bring your Tribunal decision and any earlier request or response, and we will tell you whether a request is realistic and what it would involve. Consultations are with Tina Nematian or Ivana Djoneski, in Sydney, in Melbourne or by video. Book a consultation to talk it through.
Ministerial intervention: our guides
Plain-English guides written by our lawyers. General information only, not legal advice for your situation.
Ministerial Direction 117: Why Onshore Family Visas Now Come First
Since 25 July 2026, Direction 117 puts onshore family visa applications ahead of offshore ones. The full order, current partner visa times and what...
New Ministerial Intervention Guidelines Introduced – What You Need to Know (September 2025 Update)
New Ministerial Instructions from September 2025 update intervention powers under s351, 501J, 46A(2) and 48B. Learn how these changes may impact your...
Has your application in the Administrative Review Tribunal (ART) been refused? Have you considered applying to the Minister for personal intervention in your case?
If your ART decision was refused, you may qualify for Ministerial Intervention. Learn your options and get expert help to strengthen your immigration...
Frequently asked questions
What is ministerial intervention in Australian immigration?
It is a personal power of the Minister to replace a decision with a more favourable one where the Minister thinks it is in the public interest. For most visa cases the power is in section 351 of the Migration Act, which applies to decisions of the ART. It is discretionary and sits outside the normal review system.
When can I ask for ministerial intervention?
Generally after the ART has made its decision and you have no remaining review option you can use. The power relates to a Tribunal decision, so a request is normally made after that stage. The exact power depends on your visa type and history, so check your decision letter and speak with a lawyer.
Is there a deadline to make a request?
There is no statutory time limit for making a request, and no fixed time in which the Minister must respond or decide. That does not mean it is safe to wait. Other deadlines, such as court time limits and your visa status, may keep running while you consider a request.
Can the Minister be forced to consider my request?
No. The power is non-compellable, so the Minister has no duty to consider using it. Under the guidelines a request is first assessed against objective criteria, and those that do not meet them are closed. Even a request that is considered can be declined, and you generally cannot seek review of that outcome.
What does the Minister look for?
The test is whether it is in the public interest to substitute a more favourable decision. The current guidelines set out circumstances where referral is considered appropriate and circumstances where it is not. A request needs a clear, well-evidenced case that deals honestly with the Tribunal's reasons. A lawyer can check your matter against the guidelines.
Can I make a second request if the first one failed?
You may be able to, but repeat requests face a harder path. The guidelines are designed to discourage repetitive and unmeritorious requests, so a new request generally needs to rely on something genuinely new or different. If an earlier request was closed because of the Davis decision, a new request under the updated framework may be possible.
Do I stay in Australia while the request is considered?
Not automatically. A request does not by itself give you a visa or stop the Department from taking steps to deal with your status. Whether you hold a bridging visa or other lawful status depends on your circumstances, so get advice on your position before you rely on a request.
How can a lawyer help with a ministerial intervention request?
We assess whether a request is available and appropriate, prepare the summary and submission to the structure the guidelines expect, organise the evidence, and advise on timing and status. We cannot promise an outcome, as the decision is entirely the Minister's, but a careful request is better than a rushed one.
