Which Cases Are Not Eligible for Ministerial Intervention?

Ministerial Intervention is a discretionary power held by the Minister for Immigration under the Migration Act 1958, allowing the Minister to personally intervene in a visa matter where an application has been refused and all appeal rights have been exhausted. This power is only exercised in exceptional cases involving unique or extraordinary circumstances.

To understand what Ministerial Intervention involves and which cases may be eligible, refer to: What is Ministerial Intervention?

When Ministerial Intervention Is Not Available?

There are certain circumstances in which the Minister’s intervention powers cannot be used. These include:

There is no review decision from a relevant merits review tribunal
The Minister has already used their intervention power in relation to the case and granted a visa.

Which Type of Cases is Inappropriate for Ministerial Consideration?

The request is made by someone who is not the subject of the request or their authorised representative.
The person is in the community and:
- Is an unlawful non-citizen throughout the request process, and/or
- Fails to cooperate in securing a valid travel document, unless statelessness can be established.
The person has been found to have failed a Public Interest Criterion (PIC) on fraud-related grounds.
The visa was cancelled due to breaches of visa conditions, or a visa was refused due to previous non-compliance.
The person has been refused a visa or had a visa cancelled on character grounds.
ASIO has issued an Adverse Security Assessment (ASA) indicating the person is a direct or indirect risk to national security.
The person is subject to visa condition 8503 (no further stay) and has not sought or received a waiver.
The person has an alternative visa pathway, such as applying for a Partner visa onshore under Regulation 2.12(1) of the Migration Regulations 1994.
A Partner visa has already been refused under the above regulation, and the person is now barred from applying again.
The person has left Australia.
The person has an ongoing visa application or merits review to the Administrative Review Tribunal (ART) in process.
A tribunal or court has recently issued a remittal or set-aside decision.
The matter relates to a Bridging Visa E (BVE) (Subclass 050) refusal or cancellation.
A Ministerial Intervention request is already in progress.
A Notice of Intention to Remove has been issued, and the Department did not initiate the intervention request.
The person holds a Bridging Visa E with condition 8512, which requires them to depart by a specified date.
The request is based solely on Australia’s non-refoulement obligations, without additional compelling circumstances.

Ministerial Intervention is a rare and exceptional remedy, not a routine avenue of appeal. It is vital to understand whether your case meets the strict criteria before making a request. If you're unsure, seek legal advice to assess your eligibility and prepare a well-supported submission.

How Can Agape Henry Crux Help

Consult with one of our Accredited Specialists in Immigration Law for tailored Ministerial Intervention advice and assistance for your specific visa circumstances at Agape Henry Crux. The team of immigration lawyers specialises 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.

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