Ministerial Intervention Process Update: What You Need to Know
There have been significant changes made to the process for requesting Ministerial Intervention (MI) in Australian immigration cases. Effective from September 2025, new instructions have been issued that alter how these requests are assessed.
What has changed in the Request for Ministerial Intervention (MI)?
On 4 September 2025, the Minister for Home Affairs, Minister for Immigration and Citizenship, and Minister for Cyber Security, the Hon Tony Burke MP, issued new instructions to the Department of Home Affairs (DoHA) concerning how to request a Ministerial Intervention. These new instructions:
Replaced previous guidelines for sections 46A and 48B on protection visas, effective since 2016 and 2017. Related: Who can make a Referral for Ministerial Intervention for a Protection Visa Refusal or a Cancelled?
Set out clearly defined, objective criteria for assessing MI requests.
No longer instruct departmental officers to assess ‘unique and exceptional circumstances’, nor do they allow for the Department to initiate MI requests.
How will MI requests be handled?
Under the new Ministerial instructions, the Ministerial Intervention (MI) requests will be referred to the Minister for consideration of the exercise of the Minister’s public interest powers if:
The intervention powers are enlivened.
The request is properly made.
The request is not inappropriate to refer to.
The request meets at least one of the selection 13 criteria, meaning they have to assess whether a request meets the following:
Parent Visa Applicants: Provides evidence of being the parent of an Australian citizen or permanent resident (PR) child who was a minor at the time the request for ministerial intervention was made.
Skilled Workers: Demonstrates possession of skills required for a relevant skilled occupation listed on the MLTSSL, STSOL, ROL, or CSOL; is presently working in the relevant skilled occupation; and provides evidence of support from their employer.
Former Business Visa Holders: Were previously holders of a Subclass 188 (Business Innovation and Investment (Provisional)) visa and would now satisfy the criteria for the grant of a Subclass 888 visa.
Provides Skilled Care: Provided evidence that they are the carer of an Australian Citizen who needs care and has been issued a Carer Visa Assessment Certificate (CVAC), which has a minimum impairment rating of 30 and has also been previously providing this care.
Exclusion by character grounds and their family members: These sections relate to those who do or don't provide relevant circumstances in being granted a visa
Child under the care of the state: This applies when the individual under 18 is in the care of the relevant Australian state or territory welfare authority.
Does not meet criteria: If the individual would meet the requirements of subclause 102.211(2) of Schedule 2 to the Migration Regulations 1994 but for subparagraph (b)(ii) of that subclause, and has been refused a visa for that reason.
Lived in Australia for at least 50 % of their life since they entered Australia as a minor: This provides a guide for individuals with a limited support network and difficult situations, and will provide them with an opportunity to meet the above criteria.
The authorities of a country to which the individual cannot return or be returned have refused to allow the person's return.
Members of a family can apply for a Protection Visa, have held one, or have been granted under Australia's refugee and humanitarian program.
The Minister's Personal Procedural Decisions (PPDs)
The Minister has made Personal Procedural Decisions (PPDs) stating that he will not consider MI requests made on or before 11 April 2023, except where the request:
Is the subject of a Minister’s personal procedural decision or substantive public interest decision, or
Relates to an individual listed in the annexure to the PPD. Individuals affected by these PPDs are notified.
If you made an MI request before 11 April 2023, the request will be finalised. If you wish to bring your circumstances to the Minister’s attention, you may need to submit a new MI request for assessment under the new guidelines.
Related:
How Can Agape Henry Crux Help
As always, applicants are encouraged to seek professional advice on their specific circumstances and to ensure that all required documentation is thoroughly prepared. Consult with one of our Accredited Specialists in Immigration Law for tailored advice and assistance for your specific visa circumstances at Agape Henry Crux. The team 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.
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…
