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.
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
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
Call Southern Stone 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.