I have exhausted all review options. Is ministerial intervention my only option?

If you have exhausted all merits review and judicial review options, ministerial intervention may be your only remaining avenue. However, it is important to understand that the Minister has a non-compellable, non-reviewable discretion — there is no legal right to have the Minister consider your case. I can assess whether your circumstances are likely to attract the Minister's attention and prepare the strongest possible request.

My ministerial intervention request was declined. What can I do?

Unfortunately, there is no right of review of a decision not to intervene. However, you may be able to submit a new request if your circumstances have changed significantly. I can advise you on whether a new request is warranted and what additional information would strengthen it.

Ministerial Intervention: When and How to Apply

Ministerial intervention is often described as the "last resort" in Australian immigration law. It is a request to the Minister for Immigration to personally exercise their discretion to grant a visa or overturn a decision — even when all other avenues have been exhausted.

What Is Ministerial Intervention?

Under the Migration Act, the Minister has personal, non-compellable powers to intervene in immigration cases. This means:

The Minister can intervene, but is not required to
The Minister's decision is not reviewable by any court or tribunal
Intervention is only available in cases that are unique or exceptional

Which Section Applies to You?

When Should You Consider Ministerial Intervention?

Ministerial intervention is appropriate when:

All other avenues (ART, judicial review) have been exhausted or are unavailable
Your case involves unique or exceptional circumstances not adequately addressed by the law
There are compelling humanitarian or compassionate reasons for the Minister to intervene
Removal from Australia would result in irreversible harm to you or your family

What to Include in Your Request

A strong ministerial intervention request should include:

1. A Detailed Personal Statement Explain your circumstances, your ties to Australia, and why your case is unique or exceptional.

Medical reports (if health issues are relevant)
Psychological assessments
Evidence of family ties in Australia
Evidence of community involvement
Country information (if return would be dangerous)
Character references

3. Legal Submissions A clear explanation of why the Minister should exercise their discretion in your case, referencing the Ministerial Guidelines.

The 17 September 2025 Ministerial Instructions

On 17 September 2025, Minister Tony Burke issued new Ministerial Instructions under s351 and s501J of the Migration Act, replacing the 2016 guidelines. This is the most significant change to ministerial intervention in nearly a decade.

The key change is the removal of departmental discretion to identify 'unique or exceptional circumstances.' Under the new instructions, a request will only be referred to the Minister if it meets one of ten specific criteria set out in Section 13. If your case does not engage one of those criteria, it will not be referred — regardless of how compelling the circumstances may appear.

For a full breakdown of the ten criteria and what they mean in practice, see my detailed guide: September 2025 Ministerial Instructions — What They Mean for Your Case.

Success Rates

Ministerial intervention has a low success rate — typically less than 10% of requests result in intervention. However, well-prepared requests with genuinely unique circumstances have a much higher chance of success.

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