What is Ministerial Intervention and When Should You Request it?
Ministerial Intervention is a provision within the Australian Immigration that allows the Minister of the Department of Home Affairs (DoHA) to override certain decisions made by the department. This process provides an avenue for individuals facing immigration difficulties, especially when their visas or immigration status has been adversely affected.
What Is Ministerial Intervention?
Ministerial Intervention is a discretionary power exercised by the Minister to grant a visa or intervene in immigration matters where standard processes or outcomes may lead to unjust circumstances, as outlined in section 351 of the Migration Act 1958. The Minister can consider factors such as compelling circumstances, significant hardship, or the applicant’s contribution to the Australian community when making the decision.
When Should You Request Ministerial Intervention?
These are some circumstances that you can consider requesting Ministerial Intervention:
If your visa application has been refused or cancelled, and you believe that the decision is unjust or did not consider all relevant circumstances, you can consider asking for Ministerial Intervention.
If your matter involves compelling humanitarian concerns such as health issues, family separation, or risk of significant harm upon return to your home country, these can be valid reasons to request intervention.
If your Protection visa (Subclass 866) has been refused, you may seek Ministerial Intervention if you can present compelling reasons that were previously not considered.
What is the Ministerial Intervention Process?
As the process for Ministerial Intervention can be technical and complicated, we highly suggest that you seek legal advice from an Accredited Specialist in Immigration Law and engage with an immigration lawyer to execute the strategy. Include relevant documents such as medical reports, testimony from community members and more.
It is important to note that Ministerial Intervention is entirely at the discretion of the Minister. There is no guarantee that your request will be favourable. Additionally, the timing to submit a request is essential to maximise the chances of a better outcome.
How Can Agape Henry Crux Help
It is also essential to consider all avenues of next steps, such as appeals or judicial reviews. Discuss with one of our Accredited Specialists in Immigration Law to help clarify the best pathway forward for your specific circumstances at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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