Ministerial Intervention For Immigration Australia
The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has powers to intervene in any visa application or cancelled visas if the Minister thinks there is a public interest level. Under The Migration Act 1958, the Minister has the freedom to decide what falls under the public interest category and what does not. That means the Minister is not legally bound to consider intervening or intervening.
Therefore, the Minister can change or alter the decision of a review tribunal to give a more favourable decision to an individual. Only a small number of Ministerial Intervention for visa application requests get positive results.
To seek a Ministerial Intervention, you should fall into one of the following categories:
- Received a negative decision from a review tribunal
- Previously been refused a protection visa or the protection visa has been cancelled
Most Ministerial Intervention requests for a visa application are not referred to the Minister. Instead, the Department of Home Affairs (DHA) finalises them in accordance with the Minister’s guidelines.
Types Of Requests Referred To The Minister
According to the Minister’s guidelines, the following exceptional circumstances are generally brought to the Minister’s attention:
- In strong and compassionate circumstances where, if not considered, it ends up in serious, irreversible, and ongoing harm to an Australian citizen or an Australian family unit. In such cases, at least one member of the family unit should be a citizen or permanent resident of Australia.
- In strong and compassionate circumstances considering age, health, or psychological state or all three of the individual that if not recognised would result in ongoing, serious, irreversible harm to him/her.
- Exceptional cultural, scientific, economic, or other benefits will result from the individual if they are permitted to remain in the country.
- Circumstances that are not anticipated or covered by the relevant legislation; or the relevant legislation leads to unreasonable or unfair results for the individual; or clearly unintended consequences of legislation.
- The individual cannot be returned to their country of citizenship due to circumstances beyond their control.
Keep in mind that Ministerial Intervention is not at all a part of the visa process, and the Minister has no obligation to consider a case. The DHA will inform the individual about the decision in writing. If the request is unsuccessful, the individual is bound to leave the country at the earliest possible time unless no other immigration matters are pending.
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Who Should Make The Request?
You or a representative authorised by you can make a Ministerial Intervention request, provided you have had a review tribunal decision. Keep in mind that the DHA will not communicate with a third party regarding your request without your consent.
If you prefer to be represented by an exempt person, a registered migration agent or Ministerial Intervention lawyer, you must duly fill a Form 956 that states that the representative is authorised to communicate and deal with the DHA in relation to your Ministerial Intervention request.
If you wish the DHA to communicate with someone who is not an exempted individual or a registered migration agent, you should provide a fully filled Form 956A. You can also use the same form if you want to request the DHA to send your Ministerial Intervention request related documents to an authorised recipient.
You can include your family in the Ministerial Intervention request only if they also have had a review tribunal decision in their cases.
How To Make A Ministerial Intervention Request
You or your authorised representative can prepare the request and submit it for Ministerial Intervention. In the written request, you should identify who is included in the request, mention your departmental reference number – generally, your Client Identity number – if you know it. Include a copy of your tribunal decision to allow the DHA to identify the details of your case quickly.
You should provide details about your circumstances and include the reasons that make your request unique or exceptional. Additionally, you should include all the supporting documentation to place weight on your claims. The DHA does not generally make any request for further information. They make an assessment based on the documents you provide while submitting the Ministerial Intervention request.
The postal address to which you can mail is:
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
PO Box 6022
Parliament House
Canberra ACT 2600
You can also use the Contact the Minister online form to submit your Ministerial Intervention request.
Consult With Our Expert Ministerial Intervention Lawyers Today
Other than this we also offer partner visa, skilled independent visa, subclass 190, employer sponsored visa and more. Call Migration Agent In Melbourne on 1300 188 999 or use our contact form to schedule a consultation with our expert Ministerial Intervention lawyers to get guidance. Our experts can check your circumstances, match with the eligibility criteria for the request, guide you to prepare the documentation, and help you to make the Ministerial Intervention request in such a way that it maximises the chances of consideration.
FAQs
The need for ministerial intervention for visa application arises when your visa is refused, the decision has been confirmed at the Administrative Appeals Tribunal (AAT), and the chances of getting the decision reviewed by all other avenues have been exhausted. Your chances for a successful ministerial intervention request depend on factors like your visa history and the reason for refusal. If the applicant fails to satisfy character grounds, is subject to certain visa conditions like condition 8503, or stays in Australia unlawfully, they may not be allowed to apply for ministerial intervention. The Minister for Immigration intervenes in cases that are in the public interest.
As the ministerial intervention is a request and not an application, you do not have to pay an application fee for the same. However, applicants may have to pay professional fees to immigration agents who will help them make an application for Ministerial Intervention. The cost for this may vary depending on your circumstances. Since no two cases are the same, the professionals’ fee will be determined based on the level of work required to maximise the chances of success for your Ministerial Intervention case. To know the exact cost for working on your application, speak to our experts.
A request for Ministerial Intervention has to be prepared and submitted by you or your authorised representative. In the written request, you must mention the following information:
• Who is included in the request
• Your departmental reference number
• Copy of your tribunal decision to make it easy for the DHA to get details of your case quickly
It is essential to give details about your circumstances and mention all the reasons that make your request exceptional. Additionally, you must attach all the supporting documentation to prove your claims. The DHA, in most cases, doesn’t ask for further information and makes a decision depending on the documents you provide.
There is no fixed processing time for ministerial intervention. It is essential to know that the time taken to process your request depends on case to case. The nature and complexity of each case will determine the Ministerial Intervention processing time. However, the process may take about 12 to 18 months in most cases. Remember that the Minister intervenes in very few issues that are presented for their consideration. Therefore, a successful application’s chances depend on your case or circumstances. To know more about the time required for ministerial intervention, speak to our experts.
The Minister will consider only one request for Ministerial intervention from any applicant. Any repeat requests may be regarded in minimal circumstances. This makes it essential for an applicant to include all relevant evidence, information and documents with their first request for Ministerial intervention. Obtaining expert advice and representation is advisable to improve your chances of success in seeking Ministerial intervention. Applicants may apply for Ministerial Intervention if the Administrative Appeals Tribunal refuses their visa, they have no other legal avenue, and legal appeals are ongoing. To apply for ministerial intervention and maximise your chances of getting a positive response, speak to our team today.
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