What can the Minister Do?
As a last resort, visa applicants may under certain circumstances seek the Minister for Immigration’ intervention. The Minister has the power to grant any visa he so wishes, if the Minister thinks it is in the “public interest”. It is not possible to make this request unless you have had a negative decision by the Administrative Appeals Tribunal (AAT).
What type of cases does the minister consider?
The Minister will only consider cases that have ‘unique or exceptional circumstances’. The Minister does not have to consider whether to intervene in your case.
The Minister only intervenes in a small number of cases each year.
Before making a request to the Minister you should consider what other options you have, because this is often the last step in the legal process.
The Minister’s decision cannot be reviewed or appealed.
The Minister will not consider requests which raise claims only relating to Australia’s protection obligations.
If you are in the community, you should be lawful when making this request, by having a current bridging visa without condition 8512 (which specifies the date to leave Australia). People in detention can make this request.
Second or repeat requests are only considered in limited circumstances if there is a significant change in circumstances which raise new, substantive issues.
What are unique and exceptional circumstances?
|No||Examples of unique or exceptional circumstances||Supporting documents|
|1||Australia’s obligations under the Convention on the Rights of the Child Would your removal from Australia not be in the best interests of a child? If you were forced to leave Australia, would the rights of a child be negatively affected? For example, the child’s family would be separated, or the child’s physical or mental health would be affected.||Child’s birth certificate, any family law orders, child support payment documents. A statutory declaration from the child’s parent, teacher, relatives or others explaining the impact on the child if you are removed. Medical or psychological reports about the child. Supporting letter from the child’s parent. You can also ask your local Federal Member of Parliament to write a letter of support to go with your request to the Minister.|
|2||If you were forced to return, would this cause serious, ongoing and irreparable harm to an Australian citizen or Australian family unit (with at least one citizen or permanent resident)? For example, an Australian citizen or permanent resident you are caring for has serious health issues and no other care is available.||Medical/specialist reports confirming an Australian citizen or permanent resident requires ongoing and continuous care that is not otherwise readily available A supporting letter from the Australian citizen or permanent resident or their family members Birth certificate, Australian citizenship papers, marriage certificate, joint utility bills, joint saving accounts A statutory declaration outlining compassionate circumstances Medical or psychological reports You can also ask your local Federal Member of Parliament to write a letter of support to go with your request to the Minister.|
|3||Are there compassionate circumstances regarding your age, health or psychological health?||Documentation supporting that you would face irreparable harm and continuing hardship if you are returned to your country of origin Evidence of your age, and/or health or psychological state Medical/specialist/psychological reports A statutory declaration from you or people you know about your age and/or health A supporting letter from family or others willing to Page 4 of 10 provide you with ongoing care while in Australia You can also ask your local Federal Member of Parliament to write a letter of support to go with your request to the Minister.|
|4||Have you been in Australia for a very long time (including time spent in detention)? Have you integrated well into the Australian community?||Documents showing participation in or membership of community organisations, for example, cultural groups, sporting clubs, volunteer work Supporting letters from community organisations Children’s school enrolment records Business ownership records You can also ask your local Federal Member of Parliament to write a letter of support to go with your request to the Minister.|
|5||Would allowing you to remain in Australia result in exceptional economic, scientific, cultural or other benefit to Australia?||Documents supporting why you would be of exceptional benefit to Australia Awards or industry/peer recognition Supporting letters from relevant national bodies Evidence of qualifications|
|6||Circumstances where the migration laws have had unintended consequences or have led to unfair or unreasonable results||A letter from you, a legal advisor or another person explaining what these circumstances are.|
|7||Are you unable to return to your country of origin because there would be a significant threat to your personal security, human rights or human dignity, but the mistreatment does not meet the criteria for the grant of any type of protection visa. For example: Would you experience systematic harassment or denial of basic rights available to others in your country, or Have you experienced torture or trauma in your country of origin and are you likely to experience further trauma if returned.||Country information that relates to your fears. Independent information about your country that shows you would face this kind of harm. A letter from you, a legal advisor or another person explaining why this mistreatment did not meet the criteria for the grant of any type of protection visa.|
|8||Circumstances where you can’t return to your country because of circumstances outside of your control.||A letter from you, a legal advisor or another person explaining what these circumstances are.|