SERVICES

Ministerial Intervention

If you have been refused a visa, or had a visa cancelled, by the Department of Home Affairs, and the Administrative Review Tribunal (ART) whom also came to an adverse decision, you may want to consider lodging a Request for Ministerial Intervention with the Minister of Immigration and Border Protection (the Minister).

Under the Migration Act 1958, the Minister for Immigration holds the personal discretionary power to intervene in your case where they consider it to be in the public interest. This power cannot be reviewed by a court or tribunal.

There is one critical factor to understand: the Minister will generally only consider one Ministerial Intervention request per applicant. There is no opportunity to resubmit. The quality and completeness of your submission matters enormously.

What Is Ministerial Intervention?

Ministerial Intervention is a last-resort legal pathway available after the merits review process has been exhausted. Once the ART has issued an adverse decision, you can ask the Minister for Immigration to personally intervene under their public interest powers.

The Minister is not obligated to intervene. They will only do so where they are satisfied that your circumstances are genuinely unique, exceptional, or compelling circumstances that the tribunal process may not have been able to fully weigh.

Are You Eligible?

You may be eligible to request Ministerial Intervention if:

Your visa was refused or cancelled by the Department of Home Affairs
You appealed to the Administrative Review Tribunal (ART) and received an adverse decision
Your circumstances are genuinely unique or exceptional
You have not previously lodged a Ministerial Intervention request
If you are unsure whether your situation qualifies, contact us for an honest assessment before lodging anything.

What Circumstances Does the Minister Consider?

The Minister is not bound by fixed criteria, but requests are generally considered where:

You have lived in Australia for a significant period of time
You have Australian citizen or permanent resident family members who would be significantly affected
There are compelling compassionate or humanitarian circumstances
You or an immediate family member has a serious health condition
Children (particularly Australian-born children) would face hardship if you were required to leave
You have made a meaningful contribution to the Australian community
Returning to your home country would cause significant harm or hardship

No two cases are the same. The strength of a Ministerial Intervention request depends heavily on how your circumstances are framed and supported with evidence.

The Process

Assessment: We review your case history, ART decision, and personal circumstances to advise whether Ministerial Intervention is a realistic pathway
Preparation: We gather all relevant evidence including statutory declarations, character references, medical documentation, and community support letters
Submission: We draft and lodge a comprehensive written request to the Minister’s office
Waiting period: The Minister’s office reviews submissions in line with their own priorities. There are no fixed timeframes, decisions can take many months
Outcome: The Minister may intervene, decline, or take no action. We advise you at every stage on where things stand and what your options are

How Long Does Ministerial Intervention Take?

There are no guaranteed timeframes. The Minister’s office sets its own review priorities, and decisions can take anywhere from several months to over a year.

This unpredictability makes it even more important to submit a complete, well-prepared request the first time. Because the Minister will generally only consider one request per applicant, you do not get a second opportunity to strengthen your case.

Frequently Asked Questions

Can I apply if I haven't been to the ART?

In most cases, no. Ministerial Intervention is generally only available after an adverse decision from the Administrative Review Tribunal. If you are still within the review process, contact us to discuss your current options.

Is there a government fee to lodge a request?

There is no government application fee for Ministerial Intervention. Professional fees apply for preparing your submission. Contact us for a quote based on your circumstances.

What happens if the Minister declines?

If the Minister declines to intervene or takes no action, further options are limited. In some cases, judicial review through the Federal Court may be available. We will give you an honest assessment of any remaining pathways.

Can I include new evidence with my request?

Yes, and you should. Your submission can include evidence that was not before the tribunal. This is one of the main advantages of the Ministerial Intervention process and one of the key reasons a thorough submission is so important.

My circumstances have changed since the tribunal decision, does that matter?

Yes. Significant changes, such as a new health diagnosis, the birth of an Australian child, or a major family development, can be directly relevant to your request and should be included in your submission.