When you are in a situation where you face visa refusals and/or visa cancellations, the process of continuing to stay in Australia can be stressful and overwhelming. For some, the final hope lies with Ministerial Intervention, a pathway that allows the Minister for Immigration and Citizenship to intervene in cases with compelling and compassionate circumstances, if it aligns with the public interest, and this power is exercised on a case-by-case basis.

How do I Request Ministerial Intervention?

Before you reach the stage of requesting Ministerial Intervention, several steps typically occur within the immigration system:

The journey begins with submitting a visa application to the Department of Home Affairs (DoHA).
If your visa application is refused or your visa is subject to cancellation, you may appeal the decision at a merits review to the Administrative Review Tribunal (ART).
If the ART appeal is unsuccessful, the next step involves seeking judicial review in the courts.
If all the abovementioned pathways were unsuccessful, we suggest you seek professional advice from an Accredited Specialist in Immigration Law on requesting a Ministerial Intervention.

When Can the Minister Intervene?

Although there is no specific legislative definition of “public interest”, the Minister may intervene if:

There are strong, compassionate circumstances that would result in serious harm if not addressed.
Exceptional benefits to Australia would result from the applicant’s stay.
Unanticipated, unfair or unreasonable outcomes emerge from the application of current legislation.

However, the Minister’s decision is entirely discretionary, meaning they are not obligated to act. Additionally, a repeat request is only possible with significant changes in circumstances that introduce new and substantive issues not previously considered. To know if you are eligible for Ministerial Intervention, speak with our principal and Accredited Specialist in Immigration Law, Jason Ling.

One of our Accredited Specialists in Immigration Law, Angela De Silva, recently won a case for her client with a complex case. The client had multiple visa refusals. After multiple years of waiting and exploring all avenues, he was granted permanent residency (PR) through Ministerial Intervention. You can watch his testimonial in the video below.

Watch More Video Testimonial

How Can Agape Henry Crux Help

At Agape Henry Crux, we are spearheaded by two Accredited Specialists in Immigration Law who provide tailored and creative strategies for complex matters to meet individuals’ visa objectives. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers 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.

Client Testimonials

….we call it Support Network

Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

These are their stories…

Featured Client Success Stories