Under Section 351, 417 and 501J of the Migration Act 1958, The Minister for Home Affairs has powers under the Migration Act 1958 to replace a decision of a merits review tribunal for a decision that is more favourable if it is in the public interest to do so.
It is important to note that there is no obligation for the Minister to look at your case or intervene. Instead, most requests that are submitted to the Minister are finalised by the the Department of Home Affairs in accordance with the Minister's guidelines and only a very few cases are referred to the Minister.
The Minister has described the unique and exceptional circumstances where a case may be referred for His consideration as outlined below. If you need to apply for a Ministerial Intervention, click on the link below to organise a migration consultation or call us today on 0475 036 111.
WHAT YOU NEED TO KNOW
It is important to re-emphasise that the Minister is not obliged to consider your case or to intervene in any way. However the Minister or the Department of Home Affairs will notify you of the outcome of your request.
If your request is unsuccessful, and there are no other immigration matters ongoing, it is expected that you will leave Australia as soon as possible.
If you remain without a valid visa, you risk being detained and removed at a cost to yourself that will be owed to the Australian government for these actions. You will not be eligible to return to Australia until these costs are reimbursed and you have applied for and been granted another visa (once offshore).
REQUIREMENTS FOR MINISTERIAL INTERVENTION
In order to apply for Ministerial Intervention, the Minister expects you to hold a current visa throughout the process of your request for intervention (unless you are immigration detention).
In other words, the Minister does not want to consider requests for unlawful non citizens in the community. If you are an unlawful non citizen in the community, the request will be rejected and finalised without further processing. This means that you must hold a bridging or other visa, or have applied for a Bridging Visa C, D or E.
To determine your current immigration status, contact the Department of Home Affairs immediately.
Do NOT Make a Request When..
1. You are the partner of an Australian or eligible New Zealand citizen who may be eligible to apply for a partner visa as per regulation 2.12(1) or you are barred from applying onshore.
2. If you have been refused a partner visa already while in Australia.
3. There is NO review decision by a Merits Tribunal (e.g. AAT) or A Minister has already intervened to grant a visa OR a Tribunal has found it does not have jurisdiction to grant a visa.
6. A Tribunal has found the review application was made outside the limits
7. A tribunal has returned the case to the Department of Home Affairs for consideration and an officer has made a subsequent decision.
8. You do not cooperate in ensuring that a valid travel document is available (you are stateless). OR You have committed migration fraud or have had your visa refused because you did not comply with the conditions of your previous visa.
INNAPPROPRIATE TO CONSIDER
The Minister will also not consider applications when:
1. You have had a visa cancelled or refused on character grounds or ASIO has determined that you are a risk to national security.
2. You could apply for a partner visa but are subject to a 8503 condition and a request for a waiver has not been made or decided.
3. You have left Australia OR An unauthorized representative has applied on your behalf.
5. You have a current ongoing application for a substantive visa of any type or your case is currently before the A.A.T.
6. You were refused or have had cancelled a Bridging Visa E
7. You have a current ongoing Ministerial request for intervention.
8. A notice of intention to remove has been issued without an intervention request initiated by the Department.
9. You hold a Bridging visa E with condition 8512.
10. The request raises claims only in relation to Australia's non refoulement obligations.
WHEN TO APPLY
The Minister has provided guidelines for the types of unique or exceptional circumstances that can be brought to His attention.
1. Strong compassionate circumstances that would cause serious, ongoing, irreversible harm and continuing hardship to an Australian/Australian Family.
2. Compassionate circumstances regarding your age &/or health/psychological that result in serious, ongoing and irreversible harm and continuing hardship.
3. Exceptional economic, scientific, cultural or other benefit that would result from you being permitted to remain in Australia
4. Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case
5. You cannot be returned to your country/countries of citizenship or usual residence due to circumstances outside your control