Question 1

Is there an application form for ministerial intervention?

Accepted Answer

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.

Question 2

Which sections of the Migration Act allow ministerial intervention?

Accepted Answer

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 Section 417 has been repealed.

Question 3

Do I need to go to the Tribunal before requesting intervention?

Accepted Answer

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.

Question 4

What are the Section 13 criteria?

Accepted Answer

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.

Question 5

Can a departmental officer request intervention for me?

Accepted Answer

No longer. Under the current instructions, the applicant or their representative must identify and articulate the relevant criterion in the request itself.

Ministerial intervention: why there is no application form

Is there an application form for ministerial intervention?