People search for "the ministerial intervention form" and cannot find it. That is not an oversight. There is no application form for ministerial intervention — and understanding why tells you almost everything about how this last-resort power actually works.
I have prepared many intervention requests over more than 27 years. Here is what ministerial intervention is, why it has no form, and how a request is actually made.
Why there is no form
A visa application has a form because it is an entitlement you apply for against fixed criteria. Ministerial intervention is the opposite. It is a discretionary, public-interest power that the Minister may — but can never be compelled to — exercise personally. You are not lodging an application; you are asking the Minister to step in.
Because it is a personal, non-compellable power, there is no prescribed form and no application charge. You make a written request, and the quality of that writing is the whole game.
The powers, and an important update
Ministerial intervention is not one power but several, each in the Migration Act 1958 (Cth):
- Section 351 lets the Minister substitute a more favourable decision for a decision of the Migration and Refugee jurisdiction (formerly the Migration Review Tribunal / AAT) where the Minister thinks it is in the public interest.
- Section 501J provides an intervention power in the character context, allowing the Minister to act in the public interest in relation to certain character decisions.
- Section 48B is different in kind: it lets the Minister lift the bar in s 48A that otherwise stops a person making a further protection visa application.
An important update that catches practitioners out: section 417 — the old protection-visa intervention power — has been repealed. The Minister can still exercise the s 351 power in cases where s 417 was previously enlivened by a former tribunal's review decision, but there is no longer a live s 417 request to make.
You must have been through the tribunal first
Intervention is a last resort, not a shortcut. The s 351 power operates on decisions that have already been through merits review — so in the ordinary case you must first have run your review at the Administrative Review Tribunal on the relevant form, whether Form M1 for a migration decision or Form R1 for a protection decision, and lost. Only then does the intervention pathway generally open.
You also cannot bundle in family members who have not themselves been through the tribunal — each person included must have had their own merits review decision.
The 2025 criteria changed how requests are assessed
Since the 17 September 2025 Ministerial Instruction (which amended the 4 September 2025 version), requests are assessed against a defined set of Section 13 criteria — ten unique or exceptional circumstances the Minister has said will be referred for consideration.
Two changes matter most. First, your request must expressly identify the specific criterion it relies on and provide all the evidence for it at first instance. A heartfelt but unanchored plea for compassion will not be referred. Second, a departmental officer can no longer initiate a request on your behalf — you or your representative must identify and articulate the criterion yourself.
I have written a detailed practitioner's guide to these criteria: Ministerial Instruction 2025. Read it before you draft anything.
How a request is actually made
You make a written request to the Department, addressed for the Minister's consideration, and it is handled through the Department's Status Resolution Service. There is no charge and no form. What there is, instead, is a demanding standard: identify the Section 13 criterion, marshal every piece of relevant evidence, and make the public-interest case tightly and honestly.
I will not promise you an outcome, and you should distrust anyone who does. Intervention is non-compellable and rare. What I can do is make sure that if your circumstances genuinely fit a criterion, the request puts that case as well as it can be put — because you usually get one real shot at the Minister's attention.
Common mistakes and their consequences
Looking for a form that does not exist. Stop looking. Start drafting the written request.
Requesting intervention before exhausting review. In the ordinary case you must have been through the Tribunal first.
Failing to name a Section 13 criterion. Since 17 September 2025, a request that does not identify a specific criterion will not be referred.
Relying on an officer to raise it for you. They no longer can. The onus is on you or your representative.
Treating it as a likely outcome. It is a genuine last resort. Plan your case on the review pathways first, not on hoping for intervention.
How this fits the appeal pathway
Ministerial intervention sits at the very end of the road, after merits review at the Administrative Review Tribunal (via Form M1 or Form R1, with representation recorded on Form MR5) and, often, after judicial review in the courts. If a lawyer acts for you at the Department level, that is recorded on Form 956. You can read more about how I run the whole visa appeal pathway.
If you are near the end of your options and wondering whether intervention is realistic, book a $97 10-minute chat with me. I will tell you honestly whether your circumstances fit a criterion — before you invest in a request.
Frequently asked questions
Is there an application form for ministerial intervention?
No. Ministerial intervention is a discretionary, non-compellable power, so there is no prescribed form and no application charge. You make a written request to the Department for the Minister's consideration.
Which sections of the Migration Act allow ministerial intervention?
Chiefly section 351 (substituting a more favourable decision after merits review) and section 501J (in the character context), plus section 48B (which lets the Minister lift the bar on a further protection visa application). Section 417 has been repealed.
Do I need to go to the Tribunal before requesting intervention?
Generally yes. The section 351 power operates on decisions already reviewed by the Tribunal, so in the ordinary case you must have run and lost your merits review first.
What are the Section 13 criteria?
They are the unique or exceptional circumstances set out in the 17 September 2025 Ministerial Instruction that the Minister has said will be referred for consideration. A request must expressly identify the specific criterion it relies on and provide the supporting evidence.
Can a departmental officer request intervention for me?
No longer. Under the current instructions, the applicant or their representative must identify and articulate the relevant criterion in the request itself.
At the end of your options? I prepare ministerial intervention requests nationwide from eight locations, with honesty about the odds. Book your $97 10-minute chat — or if you are ready to engage, start at myvisa.com.au/work.