Ministerial Intervention

 

If your visa has been refused or cancelled, and you have exhausted all appeal options, you may still have one final pathway—Ministerial Intervention. This process allows you to request the Australian Minister for Immigration to personally intervene in your case and grant a visa on compassionate or unique circumstances.

I have helped individuals secure Ministerial Intervention when all other options failed, and I understand how to present a compelling case to increase the chances of success.

What Is Ministerial Intervention?

Ministerial Intervention is a discretionary power given to the Minister for Immigration under Sections 351, 417, and 501J of the Migration Act 1958. The Minister has the authority to overturn a visa refusal or cancellation decision if it is in the public interest.

However, this power is only used in exceptional cases, and the Minister is not obligated to intervene.

🔗 Learn more about Missed Your ART Appeal Deadline? Here’s What You Can Do Next.

Who Can Apply for Ministerial Intervention?

You may be eligible to request Ministerial Intervention if:

✔ You have already appealed to the Administrative Review Tribunal (ART), and they affirmed the refusal or cancellation of your visa.
✔ You have compelling, unique, and compassionate circumstances that justify special consideration.
✔ Your presence in Australia provides exceptional benefit to the community.

🚫 You cannot apply if:

❌ You haven’t gone through the ART process first (in most cases).
❌ Your case involves character issues under Section 501 of the Migration Act.
❌ You have already had a Ministerial request refused.
❌ You are in immigration detention with no lawful basis to remain.

What Circumstances Can Justify Ministerial Intervention?

While Ministerial Intervention is rare, cases that may warrant consideration include:

💔 Severe Hardship – If returning to your home country would put you in extreme danger, hardship, or distress.
🏥 Serious Health Issues – If you or a family member have medical conditions that cannot be treated in your home country.
🎓 Strong Community Ties – If you have contributed significantly to the Australian community through work, study, or volunteer efforts.
👨‍👩‍👧‍👦 Family Unity – If separating you from family in Australia would cause serious harm or hardship.
💼 Critical Skills or Employment – If your skills are in high demand and you have long-term employment in Australia.

🔗 Read about Health Waivers for Australian Visas if medical reasons are part of your case.

How to Request Ministerial Intervention

📌 Step 1: Prepare a Detailed Submission

• You must provide a written request explaining why your case is exceptional.
• Include supporting documents such as medical reports, employment records, character references, and community support letters.

📌 Step 2: Submit Your Request to the Minister

• Ministerial requests must be sent to the Department of Home Affairs for review.
• The Department will assess whether your case meets the criteria for referral to the Minister.

📌 Step 3: Wait for the Decision

• The Minister personally decides whether to intervene.
• If successful, you may be granted a new visa or permission to remain in Australia.

❗ Important: If your Ministerial Intervention request is declined, you may be expected to leave Australia immediately.

🔗 If you are concerned about visa conditions affecting your case, read Visa Conditions & Work Rights.

What Happens If Ministerial Intervention Is Refused?

If your Ministerial request is unsuccessful, you have limited options:

🚨 You must leave Australia – You may face detention or a re-entry ban if you overstay.
🚨 You can apply for another visa (if eligible) – Some visa pathways may still be open.
🚨 You can seek legal advice – In rare cases, you may have grounds for a judicial review.

If your visa is about to expire or you have no remaining options, contact me as soon as possible to discuss your next steps.

Need Help with Ministerial Intervention? Let’s Talk.

Ministerial Intervention is a last-resort option, but with a well-prepared application, some individuals have successfully obtained visas. If you believe your case qualifies, I can help you prepare a strong submission.

📅 Book a consultation today: Schedule an Appointment

Let’s explore your last chance to stay in Australia.