Ministerial Intervention

The Minister of Immigration has a personal power to intervene in certain cases that present unique and exceptional circumstances and if in the public interests of Australia

The Minister of Immigration is not bound by the rules and regulations of a visa, and can make another decision. You can only make a request to the Minister after seeking merits review and being unsuccessful in that application.

Appeals

Ministerial Intervention under Section 351 of the Migration Act

Section 351 of the Migration Act provides the Minister of Immigration with the discretion to intervene in cases that are in the public interest. This may include situations where the Minister deems it necessary to act in the interest of national security, public safety, or other significant public concerns.

We understand the nuanced considerations under Section 351, working diligently to present a compelling case.

Your Advocates in Ministerial Intervention

At One Planet Migration Law, we understand that seeking Ministerial intervention is often a last resort and requires a strategic and compassionate approach. Our team is here to advocate on your behalf, working tirelessly to present a compelling case that maximizes the chances of a favorable outcome.

Contact us today for a confidential consultation.

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    People Also Ask About Ministerial Intervention

    Ministerial intervention is a discretionary power that allows the Minister for Immigration to personally intervene in a visa case when it is in the public interest to do so. It is typically a last resort after all other visa options and appeals have been exhausted.

    Generally after your visa has been refused, your tribunal appeal has been unsuccessful, and you have no other legal avenues. Some people also request intervention while other processes are underway if there are compelling compassionate circumstances.

    The Minister considers whether it is in the public interest to intervene. Compassionate or humanitarian factors, strong ties to Australia, best interests of children, family unity, and health or safety concerns can all be relevant factors.

    You submit a written request to the Ministers office with a detailed submission explaining why your case warrants intervention, supported by relevant evidence. The request must clearly address the ministerial guidelines.

    There is no set timeframe. Some requests are considered within a few months, while others can take over a year. The Minister receives a large number of requests and there is no obligation to consider any particular case.

    No. There is no government fee for requesting ministerial intervention. However, if you engage a lawyer or migration agent to prepare your submission, their professional fees will apply.

    Success rates are relatively low as the power is genuinely discretionary and reserved for exceptional cases. However, a well-prepared submission with strong compassionate grounds and solid evidence can make a meaningful difference.

    Yes. The Minister has the power to grant a visa directly or to substitute a more favourable decision for the one made by the tribunal. The type of visa granted depends on the circumstances of the case.

    While not legally required, ministerial intervention requests involve complex legal and factual arguments. Professional assistance from an experienced immigration lawyer significantly improves the quality of your submission.

    If the Minister decides not to intervene, there is generally no further avenue of appeal. However, you may be able to submit a new request if your circumstances change materially.

    Need help with ministerial intervention? Our migration lawyers are here to guide you.

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