What is Inappropriate to Consider for Ministerial Intervention?
The Minister has clarified that certain cases are deemed unsuitable for the Minister to consider for an intervention due to specific circumstances. If your case falls into any of the categories, it will be finalised without referral to the Minister, and you or your authorised representative will be notified.
What Cases Are Considered Inappropriate for Ministerial intervention?
The request is made by someone not subject to the request or their authorised representative.
The individual is in the community and:
Is an unlawful non-citizen who remains unlawful throughout the Ministerial Intervention process.
Does not cooperate in providing a valid travel document or has not satisfied the Department that they are stateless.
The individual has been found not to meet a fraud-related Public Interest Criterion (PIC) for visa grant.
The person’s visa has been cancelled due to a breach of visa conditions.
The visa application was refused because they did not comply with the previous visa conditions.
The individual has been refused a visa or had their visa cancelled on character grounds.
The Australian Security Intelligence Organisation (ASIO) has issued an Adverse Security Assessment (ASA) indicating that the person is a direct or indirect risk to national security and remains in effect.
The individual is subject to visa condition 8503 – no further stay without a waiver request being made or approved.
The individual may be eligible to apply for an Onshore Partner Visa (Subclass 820/801) but is barred from doing so due to conditions or refusals.
The individual has left Australia.
There are ongoing applications for a substantive visa (onshore or offshore).
They have ongoing applications for merit review of a visa decision with a tribunal.
The individual has had a remittal or set-aside decision from a tribunal or court.
The review tribunal decision relates to the Bridging Visa E (BVE) (Subclass 050) refusal or cancellation.
There is an active ministerial intervention request under any of the powers listed.
A Notice of Intention to Remove has been issued, but the Department did not initiate the Ministerial Intervention request.
The person holds a BVE with a visa condition 8512, which requires them to leave Australia by a specific date.
The request is based solely on Australia’s non-refoulement obligations (protection against return to risk).
Related:
Who can make a Referral for Ministerial Intervention for a Protection Visa Refusal or Cancelled?
What is Ministerial Intervention and When Should You Request it?
How Can Agape Henry Crux Help
If your situation aligns with any of these points, seeking legal advice on your next visa pathway is advisable. At Agape Henry Crux, we are spearheaded by two Accredited Specialists in Immigration Law who handle complex cases. They will help you explore the best options to meet your visa goals. The team of immigration lawyers specialise 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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