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.