Ministerial Intervention is a process where the Minister for Immigration may decide to step in to a case and provide a    more favourable outcome.

Ministerial intervention is a last-resort option. You can only request it after all other standard options have been used (such as appeals, reconsiderations, or statutory requests).

This process is informal, discretionary, and non-compellable. This means the Minister is not required to consider or approve your request.

The Minister does not have to give reasons for their decision.

You cannot appeal or review the decision if the Minister refuses to intervene.

You can only apply to the Minister after you have received a decision from the Administrative Review Tribunal (the ART).

• Visa application lodged and refused by the Department of Home Affairs.
• Review of refusal filed with the ART and decision. affirmed by ART
• Case referred to Minister by ART of Applicant.

The Minister will only consider cases that meet certain special circumstances.

Examples include:

• You are a parent of an Australian citizen or permanent resident who is under 18.
• You have skills on a relevant skilled occupation list.
• You care for an Australian citizen who has a Carer Visa Assessment Certificate showing
  a minimum level of impairment.
• You are an immediate family member of a child who engages Australia’s protection
  (non-refoulement) obligations.
• You cannot return to your home country because the authorities in your home country
  will not cooperate.

These are examples only. For more detail, see Section 13 of the Ministerial Instructions
under sections 351 and 501J of the Migration Act 1958.

The Department reviews all requests first.

Your request will not be sent to the Minister if:

• It does not meet the referral requirements.
• It is a repeat request and:
  • The Minister has already considered your case, and
  • Refused to intervene, and
  • You were told about the decision less than 2 years ago.
• You are unlawful and could apply for a bridging visa but have not done so.
• You have another visa or merits review application in progress.
• You hold a Bridging Visa E with Condition 8512 (which requires you to leave Australia
  by a specified date)
• You have visa options available outside Australia (for example, a partner visa)
• Your request only raises protection (non-refoulement) claims.

Who can apply?

• You can apply yourself
• A representative can apply for you
• In some cases, the Administrative Review Tribunal may refer your case.

How to apply:

You can:

• Use the online “Contact the Minister” form, or
• Send a written request by post.

Postal Address

Minister for Immigration and Citizenship
PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600

What must you include?

Your request must:

• Be in writing
• Clearly identify the person making the request
• State which Ministerial intervention power you are relying on.
• Include the tribunal decision
• Explain how your circumstances meet the Guidelines
• Include all supporting information and evidence.

What happens next?

• The Department assesses your request
• If it meets the requirements, it may be referred to the Minister for consideration.
• You will be told the outcome in writing.

Important

• You must be in Australia when you apply.
• You must stay in Australia until a decision is made.
• Only a small number of cases are approved each year.

Getting legal advice early can help you:

• Decide if you should apply
• Understand your changes
• Explore other visa options
• Check if any review options are available

This factsheet includes general information only and is not a substitute for legal advice.