If you’ve found yourself in a situation where your visa application has been refused by the Administrative Review Tribunal (ART), formerly known as the AAT, it may feel like your chances are slim. However, all hope is not lost. Under Australian immigration law, there exists an opportunity for you to seek the intervention of the Minister for Immigration personally, via Ministerial Intervention under sections 351 of the Migration Act.

What is Ministerial Intervention?

Ministerial Intervention is a special process that allows the Minister for Immigration to intervene in individual immigration cases, even after a Tribunal or Court decision has been made. This power is discretionary and not based on the normal legal requirements for visa approval. This means that, in some exceptional cases, the Minister can grant a visa to an applicant who does not strictly meet the usual criteria for visa approval.

The Minister has the ability to exercise this power when they believe it is in the public interest to do so, or where there are compelling and compassionate grounds to support the decision.

Why Should You Consider Ministerial Intervention?

If you’ve had your case refused by the ART, you may feel like all avenues of appeal have been exhausted. However, the Minister’s power to intervene is an option for those who have unique circumstances that warrant special consideration. While not every case will be successful, Ministerial Intervention could be a viable solution if your situation presents unique or exceptional circumstances that were not fully considered during your previous application or review due to the limitation of the application of Immigration laws.

What Are Considered "Compelling and Compassionate Grounds"?

The Minister can intervene in cases where the applicant’s situation demonstrates compelling or compassionate grounds that are out of the ordinary. These grounds can vary widely, but often involve factors that highlight a person’s connection to Australia or their special needs.

Here are some examples of compassionate or compelling circumstances that might justify the Minister’s intervention:

1. Long-Term Residency: Individuals who have lived in Australia for many years, made significant contributions to Australian society, and have established strong personal or professional ties, where removal would cause undue hardship.

2. Health Conditions or Disability: If an applicant would otherwise meet the criteria for a visa grant but is ineligible due to health criteria with no waiver available, the Minister may intervene if there are other compelling reasons for them to stay, such as economic benefit, employment in Australia, or having Australian family members.

3. Age Factors: Applicants who have aged out of eligibility for certain visa categories but have made significant contributions to Australian society, such as the graduate visa, which now has an age limit of 35 years.

4. Humanitarian Grounds: Situations where the applicant faces severe hardship or danger in their home country due to war, persecution, or other life-threatening conditions.

5. Family and Relationship Circumstances: Cases involving critical family reunification issues, where separation would cause significant emotional or financial distress. If the applicant has a spouse or an Australian child, and their separation would be detrimental to Australia, the Minister may intervene, considering the best interests of the child.

What is Considered to Be in the Public Interest for the Minister to Intervene?

The concept of “public interest” is broad and can encompass many factors, including economic, social, and cultural considerations. The Minister may take into account the following aspects:

1. Contributions to the Australian Economy or Society: If the applicant has made a significant contribution to Australia’s economy or workforce, particularly in sectors that are facing skills shortages, the Minister may decide that the public interest is best served by granting the visa.

2. Community Integration: Applicants who have shown they are well-integrated into the Australian community, whether through employment, education, or social contributions, may be seen as beneficial to the social fabric of the nation.

3. Australia’s International Relations: In cases where denying a visa could harm Australia’s diplomatic or trade relationships, the Minister may intervene to avoid adverse impacts on international relations.

4. Other Exceptional Circumstances: This can cover a range of situations that don’t fit neatly into one of the categories above but nonetheless present a strong case for intervention.

What Happens After Applying for Ministerial Intervention?

Ministerial Intervention is entirely discretionary. Even though the Minister's power is non-compellable, we can present as strong a case as possible for you to increase your chances of having the Minister intervene in your case. Once an application is submitted, the Minister assesses the case based on the presented compassionate and compelling grounds. If intervention is deemed appropriate, the Minister may grant a visa, bypassing the usual requirements.

How to Apply for Ministerial Intervention

To apply, you must submit a detailed request explaining why the Minister should intervene in your case. Strong supporting evidence is crucial. Due to the complexities involved, consulting an experienced immigration lawyer is highly recommended to strengthen your application.

Our Experience and How We Can Help

We have successfully assisted many clients with Ministerial Intervention requests, helping them present strong and compelling cases that highlight their unique circumstances. Our team has extensive experience navigating this complex process and understands what it takes to increase the chances of a successful outcome.

If you believe you have compelling and compassionate grounds for Ministerial Intervention, contact us today. Our experienced immigration lawyers can assess your case, guide you through the process, and help you present the strongest possible application to the Minister. Don't face this challenge alone—let us help you fight for your future in Australia.