Can Ministerial Intervention Save My Visa?
For many going through the Australian immigration process, particularly after exhausting all other avenues of review and appeal options, the concept of Ministerial Intervention (MI) emerges as a final, often desperate, hope. When a visa application is refused or an existing visa is cancelled, the Minister holds a unique, non-compellable power to intervene in individual cases. But can Ministerial Intervention truly save your visa?
What is Ministerial Intervention?
Ministerial Intervention is a discretionary power granted to the Minister under specific sections of the Migration Act 1958. This power allows the Minister to substitute a more favourable decision for a decision made by a review tribunal or even a Departmental delegate.
Keep in mind that:
The Ministerial Intervention is only considered after all other avenues of review have been exhausted.
The Minister is under absolutely no legal obligation to consider a request for intervention, let alone intervene. The power is personal and exercised at their sole discretion.
Requesting MI is not an application for a visa itself, but a request for the Minister to consider using their power to grant you a visa or set aside a decision.
New Ministerial Instructions (as of September 2025)
The process for handling MI requests has been refined as of September 2025. New MI instructions aim to create more objective criteria for the Department to refer cases to the Minister. This means the Department will assess requests against clearly defined criteria, and only those meeting these criteria will be brought to the Minister’s attention.
Read this article on the new Ministerial Intervention Process Update and What You Need to Know about the new defined criteria to request an MI to the Minister. Best to speak with an Accredited Specialist in Immigration Law. Here at AHC Lawyers, we have two! Speak with Jason Ling or Angela De Silva to identify if you are eligible to request an MI.
When Might the Minister Intervene?
The Minister’s office typically considers intervention when there are compelling and compassionate circumstances that warrant a departure from standard immigration rules, or where it is in Australia’s public interest. These are assessed on a case-by-case basis and might include:
Exceptional Personal circumstances
Severe, ongoing or irreparable harm/hardship to an Australian citizen, permanent resident (PR) or eligible New Zealand citizen if the visa is not granted. This often includes cases involving the best interests of Australian children.
Serious medical conditions of the applicant that cannot be treated in their home country, where refusal would cause extreme suffering.
Circumstances genuinely beyond the applicant’s control that led to their current situation, such as a natural disaster, war in the home country, or preventing them from returning.
Contribution to Australia
Evidence of significant economic, scientific, cultural or other benefits the individual would bring to Australia.
Unique skills that address critical shortages and contribute substantially to the Australian community.
Unintended Consequences of Legislation
Cases where the strict application of the migration law leads to an unfair or unreasonable result that was not intended by the legislation.
Related: Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
What to Do If You’re Considering Ministerial Intervention?
That you have exhausted all options and there are no further avenues to explore before considering Ministerial Intervention.
It is extremely important that you seek professional guidance and assistance from an Accredited Specialist in Immigration Law, as they specialise in highly complex cases and Ministerial Intervention matters. It is difficult to navigate the process by yourself; hence, engaging with an immigration law specialist can be beneficial for you.
Gather relevant documents for your matter at the same time, be honest and truthful in your information, as honesty is your best defence.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
PR at Risk? What to Do When the Department Investigates Your Past Conduct
ART Appeal After Visa Refusal? Don’t Risk It Without an Accredited Specialist in Immigration Law
How Can Agape Henry Crux Help
Discuss your next steps with one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva 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 immigration lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. We can also help you arrange an interpreter if this isn't your language.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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