Ministerial Intervention

Name: The Immigration Lawyers
Address: Suite 113/26-32 Piramma Road, Pyrmont, NSW, 2009, AU
Telephone: (02) 9590 3987
Price range: $$$$

Requests for Ministerial Intervention

If you have unsuccessfully appealed to the Administrative Appeals Tribunal (AAT), you may want to lodge a Request for Ministerial Intervention.

If you have been refused a visa, or had a visa cancelled, by the Department of Immigration and Border Protection (DIBP), and subsequently appealed the adverse decision to the Administrative Appeals Tribunal (AAT), whom affirmed the decision of the DIBP, you may want to consider lodging a Request for Ministerial Intervention with the Minister of Immigration and Border Protection (the Minister).

The Minister has public interest powers that allow him to grant a visa to a person who has had an adverse decision of the DIBP affirmed by the AAT, or allow such an applicant to apply for a new visa in Australia even though they have a visa refusal or cancellation on their immigration record.

The basis for the Minister intervening in a case is “the public interest” of Australia. That is, if the Minster must hold that, based on the facts and evidence of the case, approving a visa application would be in the public interest of Australia. Requests for Ministerial Intervention are made in writing to the Minister asking him to intervene in your case under one of his public interest powers in the migration laws.

Ministerial Intervention gives the Minister the ability to take a fresh look at a visa refusal decision from a “humanitarian” perspective. This typically considers larger-picture issues such as the interests of the public at large, the interests of the nation, and other interests such as economic, trade, or cultural interests.

A key element of your application for Ministerial Intervention is the preparation of your submission package to the Minister. We will prepare a complete submission package that focuses on the compelling details of your personal situation and the public interest arguments why you should be granted an Australian visa. We will also research previous legal cases that may be similar to yours and establish whether it may be prudent to include them as supporting references to your case.

A good Request for Ministerial Intervention is not a simple rehash of your case. Whilst the background of your case needs to be submitted, it is more important that you submit arguments and documentation which prove that “Exceptional and/or Unique Circumstances” apply to your case, as the Minister needs to be satisfied that such circumstances apply to you for him to intervene in your case.

Examples of unique & exceptional circumstances

The Minister has provided non-exhaustive guidance on the types of unique and exceptional circumstances he wants brought to his attention, which includes:

Circumstances that bring Australia’s obligations as a party to the Convention on the Rights of the Child into consideration.
Strong compassionate circumstances such that failure to recognise them would result in irreparable harm and continuing hardship to an Australian citizen or permanent resident should you leave the country.
Any exceptional economic, scientific, cultural or other benefit you may bring to Australia.
Compassionate circumstances regarding your age and/or health and/or psychological state such that failure to recognise them would result in irreparable harm and continuing hardship to you.
The length of time you have been present in Australia and your level of integration into the Australian community.
Circumstances that the legislation does not anticipate or clearly unintended consequences of legislation or the application of relevant legislation leads to unfair or unreasonable results.
Whether you are unable, through circumstances outside your control, to return to your country of citizenship or usual residence.

Your submission package to the Minister must detail which unique and/or exceptional circumstances apply to your case, and more importantly, attach appropriate supporting evidence to back up your claims.

How to Apply for Ministerial Intervention

Sometimes, visa applications get refused; that’s where The Immigration Lawyers come in. If you are in need of ministerial intervention, we are here to assist in any way that we can. A request for ministerial intervention may seem a little tricky at first, but with us by your side, you’ll have the expert guidance needed to make it as simple and seamless as possible. Here is how to apply for ministerial intervention.

Preparing Your Submission Package – The first step is to prepare a comprehensive submission package that provides a clear explanation of why you need to apply for ministerial intervention. This should emphasise the compelling reasons that justify government consideration.

Gathering Supporting Documents – Once your request is granted, it is essential to support your claim with every document they request. This will include medical reports, character references, bank statements, employment records, criminal background checks, or any document demonstrating recent hardship.

Submitting Your Request – After gathering the relevant documentation to support your request for ministerial intervention, you will need to submit it via the Department of Home Affairs.

Awaiting Your Request – If you are in Australia while your request for ministerial intervention is being processed, you will need to ensure you have a relevant visa for the duration of your stay, as the process can take a long time unless there is a need for expediting it due to extremely special circumstances.

Getting everything right for this application process can be a challenge, but we are always here to help. We will provide you with the support and guidance you need to ensure your request for ministerial intervention is as fast and seamless as it can be.

Contact Us

The first step is for you to contact one of our experienced immigration lawyers who will conduct a thorough assessment on your prospects for a Request for Ministerial Intervention. We have handled many successful Requests for Ministerial Intervention in the past and will lodge your application in a manner that puts your best case forward to the Minister.

We offer all our prospective clients an initial meeting, during which we will examine the decision of the adverse AAT and let you know what work we can do for you moving forward.

To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.

FAQs

What is the success rate of ministerial intervention applications?

The success rates will vary depending on the circumstances of the applicant. For a minister to intervene, circumstances need to be exceptional and compelling.

How long does the ministerial intervention process take?

Unfortunately, the time it takes is highly unpredictable. To get an accurate idea, contact The Immigration Lawyers and let us know your specific circumstances.

Can I apply for ministerial intervention more than once?

In the majority of cases, it can only be requested once.

What happens if my request for ministerial intervention is denied?

If you are denied ministerial intervention, we are here to help you explore other options. Sometimes, it may be necessary to depart Australia, but our team are experts in figuring out alternative pathways.

Enquiry Form

If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.

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