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info@australconsultancy.com.au
Send email
9AM - 5PM
Opening Hour
14 Belair Avenue
Glenroy, VIC 3046
Austral Educational Network
Austral Educational Network

Ministerial Intervention in Australia

Ministerial Intervention is a discretionary power granted to the Minister for Immigration, Citizenship, and Multicultural Affairs to intervene in visa decisions under the Migration Act 1958. This process allows the Minister to grant a visa or provide special consideration in cases where the applicant has exhausted all appeal options through the Administrative Appeals Tribunal (AAT) but has compelling or exceptional circumstances.

The Minister may intervene if there are strong humanitarian, compassionate, or public interest grounds, such as significant health issues, family unity, or contributions to the community. However, intervention is not automatic, and requests must meet strict criteria. Decisions are at the Minister’s absolute discretion, meaning there is no obligation to act or provide reasons for refusal.

Who Can Apply for Ministerial Intervention?

There are strong compassionate or compelling circumstances that would significantly impact the applicant.
The case involves serious health issues where medical treatment is not available in the applicant’s home country.
The applicant has significant ties to Australia, such as family members who are Australian citizens or permanent residents.
The individual contributes to the community or economy, demonstrating exceptional skills, employment, or voluntary work.
There is a risk of harm or persecution if the applicant is forced to return to their home country.

Situations Where Ministerial Intervention is Not Considered

The Minister generally does not intervene in cases where:

The applicant has not completed the AAT review process.
The case involves criminal records or security concerns.
There is no compelling or compassionate reason to grant intervention.
The applicant simply disagrees with the visa refusal decision.

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