Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention (MI) is a last‑resort avenue in Australian immigration law where the Minister for Immigration and Citizenship personally considers granting you a visa when all other legal options have been exhausted. It is a discretionary power under the Migration Act 1958 (Cth), specifically sections 351 and 501J, meaning the Minister may grant a visa if it’s deemed in the public interest — but he is under no obligation to do so.

In essence, MI provides a final opportunity for people whose visa applications have been refused by the Administrative Review Tribunal, or after further legal avenues, to ask the Minister to intervene on compassionate or exceptional grounds.

Who Can Lodge a Ministerial Intervention Request?

A Ministerial Intervention request is intended as a last‑resort option. You can only lodge one after:

• Your visa application has been refused; and
• You have exhausted appeals at the Tribunal, and in some cases the courts.

This request asks the Minister to personally consider granting you a visa due to exceptional and compelling circumstances.

Examples of Exceptional and Compelling Circumstances

Ministerial Intervention is usually only considered where there are exceptional and compelling circumstances, such as:

• Serious health issues and being permanently unfit to depart Australia;
• Being the parent of an Australian citizen or permanent resident child;
• Working in a skilled occupation;
• Being 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
• Other specific circumstances outlined in the Positive Personal Procedural Decision (sections 351 and 501J).

Recent Changes to Ministerial Intervention (2025)

There have been major reforms to the Ministerial Intervention process in 2025.

These changes stem from the High Court’s 2023 decision in Davis v Minister for Immigration, which found that departmental officers did not have the power the make  decisions about MI requests, and only the Minister himself has the power to make such decisions.

Following that ruling, the Minister introduced new Ministerial Instructions on 4 September and 17 September 2025, replacing the previous guidelines from 2016. These new rules:

• Ensure decisions are made only by the Minister, not departmental staff; and
• Set clear criteria for which cases can be referred to the Minister.

Key Effects of the Changes

• Any requests lodged before 12 April 2023 will no longer be considered by the Minister unless it was already being considered — they must be resubmitted under the new criteria.
• Any requests lodged on or after 12 April 2023 but before the new guidelines must meet specific criteria to be eligible for Ministerial consideration.
• This criteria is listed in the Positive Personal Procedural Decision (sections 351 and 501J). It includes but is not limited to circumstances involving serious health issues that cannot be treated overseas, evidence of skills in a skilled occupation, being the parent of a minor Australian child at the time of the request, and other specific circumstances.

In short, the reform introduces a more objective and transparent framework — but also stricter limits on which circumstances the Minister will consider Ministerial Intervention requests.

What If My Ministerial Intervention Request Was Refused?

If your MI request has recently been refused, you may be able to lodge a new request, but only if your case meets at least one of the criteria under Section 13 of the new Ministerial Intervention Guidelines.

If your circumstances satisfies one of these criteria, it can be referred to the Minister, and the Minister may consider it is in the public interest to intervene and grant a visa. The final decision rests with the Minister, including what type of visa may be appropriate if granted.

How Long Does It Take for the Minister to Decide?

There is no set timeframe for how long a Minister will take to make a decision. Because Ministerial Intervention is entirely at the Minister’s discretion, the decision can take weeks, months, or even longer.

Only a small number of requests are ever referred to the Minister, and even fewer result in an intervention. Processing times vary depending on the complexity of the case and the current workload, and the Minister is under no obligation to make a decision within a specific timeframe.

Do You Need a Lawyer for Ministerial Intervention?

While you are not legally required to have legal representation to lodge an MI request, obtaining legal assistance is highly recommended. 

Here’s why:

• Ministerial Intervention cases are complex and highly discretionary
• You must provide detailed evidence of exceptional and compelling circumstances
• A lawyer can help assess whether your situation qualifies under the new criteria and write submissions to address this
• Professional representation can improve the clarity and strength of your submission

Given the technical and legal nature of the process, getting help from a migration lawyer can be invaluable in preparing a strong MI request.

Final Thoughts

Ministerial Intervention remains a crucial pathway for those with no other legal avenues left after visa refusals and exhausted appeals. While recent reforms have made the process more structured, they’ve also raised the bar for eligibility.

If you’re considering a Ministerial Intervention request or have been refused, it’s vital to understand the current guidelines and how they apply to your case.

If you found this helpful, make sure to explore more insights on the Work Visa Lawyers blog or contact us if you need assistance lodging a Ministerial Intervention request or managing a pending case.

Talk to an Immigration Lawyer

National Innovation Visa Updates

Exceptionally talented individuals such as global researchers, entrepreneurs, innovative investors, athletes, sports professionals and creatives with an internationally recognized record of exceptional achievements in their field may be eligible for the subclass 858 - National Innovation Visa or the NIV.

One of the requirements for the NIV is having a nominator who is an Australian citizen or permanent resident or an Australian organization who has a national reputation in the same field as the applicant.

Expert Australian Commonwealth, State or Territory Government agencies can also nominate for the NIV. 

Currently, only New South Wales, Victoria and South Australia has released the details of their nomination process.

State NIV nomination 

Each state has their different processes and for Victoria, the first step is to engage with  Victorian Government department/agency on your project plan. You can do this by creating a general enquiry on the Live in Melbourne website and submitting your project plan.

If you are competitive and chosen, a Victorian Government department or agency that can support your nomination will identify and refer you. This department or agency will be preparing the nomination documents.

The Victorian NIV nomination program does not require any Registration of Interest (ROI) or application process initiated by the applicant.

New South Wales and South Australia require potential applicants to submit their ROIs and if the applicant is shortlisted, for NSW, they will be invited to submit the full nomination. 

In South Australia, the applicant will be interviewed by an assessment panel of South Australian Government representatives.

If approved for state nomination, the state will then provide the applicant with the competed Form 1000.

Department of Home Affairs – Invitation rounds

The Department of Home Affairs extends invitations monthly according to NIV priority order as listed in Ministerial Directions 112. 

You can read about these priorities here.

According to the information released by the Department, for the period of July – September 2025, they received a total of 1841 EOIs and invited 122 candidates.

From the 122 invitations issued:

• Less than 5 is from Priority 1- Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards.
• 17 are from Priority 2 - Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency
• 84 are from Priority 3 - Candidates with exceptional and outstanding achievements in a Tier One sector (Critical technologies, Renewables and low emission technologies and Health industries)
• 20 are from Priority 4 - Candidates with exceptional and outstanding achievements in a Tier Two sector  (Agri-food and AgTech, Education, Defence Capabilities and Space, Financial Services and FinTech, Infrastructure and Transport and Resources.

By sector:

Tier 1

• 48 invitations were issued for those in Critical Technologies
• 15 from ​Renewables and low emission technologies
• 30 from Health Industries

Tier 2

• Less than 5 from Agri-food and AgTech 
• Less than 5 from Education
• 9 from Defence Capabilities and Space
• Less than 5 from Financial Services and FinTech
• Less than 5 from Infrastructure and Transport
• Less than 5 from Resources

And there were 8 from the Sports and Arts.

If you want to check if you are eligible for the NIV, you can complete our free NIV assessment form here.

You just might be one of the brightest, best and fairest talent Australia is looking for.

189 Invitation Round November 2025

If you are waiting for news about Australia's skilled migration, the 13 November 2025 invitation round has brought massive updates. The Department of Home Affairs has issued 10,000 invitations for the Subclass 189 Skilled Independent visa.

The government’s clear focus is on fixing the housing shortage. To achieve this, they are making it significantly easier for trade workers to secure a visa, while entry standards for other professionals remain high.

Here is our simple analysis of who won, the surprises, and who missed out.

Current Round: 13 November 2025

• Subclass 189 (Skilled Independent) - 10,000 invitations issued.
• Subclass 491 (Family Stream) - 300 invitations issued.
• Total Occupations Invited - 144.

You can view the official invitation round data on the Department of Home Affairs website.

Construction Sector

Australia needs to build more houses. Because of this, the Department is inviting Carpenters, Bricklayers, and many other trades with just 65 points.

Some other occupations invited with 65 points were:

1. Plumber (General) - 65 points
2. Joiner - 65 points
3. Electrician (General) - 65 points
4. Solid Plasterer - 65 points
5. Wall and Floor Tiler - 65 points

65 points is the minimum score. This means if you are a qualified tradesperson with the right age and English skills, you have a very good chance of being invited.

Health & Education

Healthcare and Education remain vital parts of the migration program. Nurses, Doctors, and Teachers are being invited regularly, though the point requirements are slightly higher than for construction.

Key Health & Education Occupations Invited:

1. Registered Nurse (Critical Care and Emergency) - 75 points
2. Registered Nurse (Medical) - 75 points
3. Early Childhood (Pre-primary School) Teacher - 85 points
4. Secondary School Teacher - 75 points
5. Special Needs Teacher - 75 points
6. Special Education Teachers nec - 75 points
7. Physiotherapist - 75 points

While there are many invitations in these sectors, there is also more competition. You generally need a competitive score of at least 75 points to secure an invite.

Some others occupations invited

Most invitations went to the major sectors mentioned above, but there were some interesting surprises in this round.

Other notable occupations Invited:

1. Economist - 85 points
2. Multimedia Specialist - 90 points
3. Musician (Instrumental) - 90 points
4. Marine Biologist - 85 points
5. Botanist - 85 points
6. Tennis Coach - 85 points

Tennis Coaches: Surprisingly, Tennis Coaches received invites again. This is the second round this year that Tennis Coaches have been invited, showing that specific niche jobs are sometimes needed unexpectedly.

Who Missed Out

Even though Education is a priority, University Lecturers were not invited in the November 2025 round. The Department is currently focusing on schools for children (Primary and Secondary), rather than universities.

If you are a University Lecturer, the 189 visa may be difficult to secure right now. You should consider other options, such as the Subclass 190 or 491 visas (State Nomination), or employer sponsorship through the 482 or 186 visas.

Other occupations that didn’t receive any invitations were Accountants and Chefs.

Subclass 491: Family Stream

The 491 Family Stream is still small and competitive.

• Invitations Issued - 300
• Occupations - 36

This visa is designed to help people with eligible family members living in regional Australia.

When will the next 189 invitation round happen?

Invitation rounds are expected to happen quarterly.

If you did not get an invite, don’t panic. The next 189 visa invitation round is expected to be in February or March.

What You Should Do:

• Trades - If you have 65 points, submit your Expression of Interest (EOI) now.
• Professionals - If your job is not on a priority list, try to increase your points. You can improve your English score, add partner points, or gain more work experience.

Need Help?

Visa rules change often. If you are not sure what to do—or if you want to switch from a 189 to a 190 or 491 visa—our team can help you.

Book an Appointment

4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

Did you know your Australian Permanent Residency (PR) can be cancelled even after it’s been granted?

While many assume that PR status is a permanent guarantee, there are several legal, procedural, and administrative situations that can cause you to lose your residency rights. 

From failing the Character Test to mistakenly applying for the wrong visa type, these pitfalls are more common than you might think — and they can have devastating consequences, especially if you're overseas when they occur.

In this article, we’ll cover the four most common reasons Australian PR is lost, with real-life examples and practical advice on how to avoid these costly mistakes.

Reason 1: Committing a Serious Offence

Your Permanent Residency can be cancelled if you fail the Character Test, especially if you:

• Receive a 12-month prison sentence (even if suspended)
• Commit domestic violence
• Are involved in repeated criminal offences
• Are convicted of serious driving offences like DUI or dangerous driving

Example:

A PR holder receives a suspended 12-month sentence and still loses their residency — even without serving time.

How to avoid this:

Stay out of legal trouble. If you’re facing charges, seek legal advice immediately.

Reason 2: Applying for a Temporary Visa After Getting PR

Many migrants don’t realise that applying for a temporary visa after receiving Permanent Residency can actually cancel their PR.

This can happen in several situations, including:

• When a PR holder applies for a temporary visa from outside Australia, or
• When someone onshore applies for a temporary visa and later applies for a permanent visa (or vice versa), and the temporary visa is granted after the permanent visa.

If the temporary visa is granted after the PR is granted — and the applicant did not withdraw the temporary visa application — the temporary visa will replace the permanent visa and cancel the PR.

This risk applies to visas such as:

• Visitor visa
• Student visa
• Working Holiday visa
• Graduate visa

Example 1: 

A PR holder offshore applies for a visitor visa to re-enter Australia more easily. When the temporary visa activates, their PR travel facility expires. They are no longer recognised as a permanent resident.

Solution:

If your PR travel facility has expired, always apply for a Resident Return Visa (RRV – subclass 155/157) — not a temporary visa.

Example 2

A person applies for a Student Visa while onshore. A few months later, they receive an invitation for the 190 visa, which is granted quickly — giving them PR.
However, because they did not withdraw their Student Visa application, the Student Visa is granted later and replaces the 190 PR visa, cancelling their permanent residency.

Solution:

After your PR is granted, remember to withdraw any other visa application you have lodged.

Contact us if you need help applying for a Resident Return Visa or understanding your PR conditions.

Reason 3: Spending Too Long Outside Australia

Your PR comes with a 5-year travel facility. If you stay outside Australia for too long and lose strong ties to the country, you may not be able to re-enter.

Example:

A PR holder works overseas for 7 years with minimal ties to Australia. Their Resident Return Visa is refused. They cannot return as a permanent resident.

How to avoid this:

• Travel back to Australia at least every 5 years
• Maintain strong connections (property, work, family) to Australia

Reason 4: Not Entering Australia by Your First Entry Date

If you were granted PR offshore, your visa includes a first entry date.

If you don’t enter by that date, your PR may become invalid — even before you’ve had a chance to move.

Solution:

Make a short trip to Australia before the first entry date to activate your PR.

Don’t Risk Losing Your PR

Many people make avoidable mistakes that lead to losing their Australian Permanent Residency. If you take the right steps and stay informed, most of these issues can be prevented.

If you’re facing criminal charges, visa complications, or have spent extended time overseas, get legal advice as early as possible.

Watch the Full Video:

In this video, we go deeper into each reason with visual examples and what steps to take next.

Need Help With Your PR Status?

Book a consultation for expert legal help on visas, PR, and citizenship matters.

Book an Appointment

Australian Immigration News – December 2025

Major Updates on 189, 190, 491 Visas, State Allocations & 2026 Migration Predictions

The Australian Government has finally released the allocation quotas for the 190 and 491 visas—and the news is significant. Several states, including South Australia, New South Wales, Western Australia, Victoria, and Tasmania, have experienced major cuts, while Queensland and the Northern Territory have seen increases to their state nomination programs.

If you are planning to migrate to Australia in 2026, or you have a 190/491 Expression of Interest (EOI) sitting in SkillSelect without invitations, this may be one of the most important immigration updates of the year.

This month, we cover:

• The November 2025 189 invitation round
• The new 190 & 491 visa allocation cuts
• Four migration strategies to consider moving forward
• The National Innovation Visa (NIV)
• Visa appeals
• What to expect in Australian immigration in 2026

189 Invitation Round – November 2025

The 13 November 2025 189 round was strong and followed similar trends to previous rounds.

A total of 10,000 applicants were invited across 144 different occupations.

As in recent rounds, the Department is prioritising construction, health and education, with some construction occupations being invited with only 65 points.

Some competitive occupations also received invitations, including Economists and Multimedia Specialists. And once again—similar to the latest rounds—some surprising occupations were invited, such as Tennis Coach and Musician (Instrumental).

In this round, 300 applicants were also invited for the 491 Family Stream, across 36 different occupations.

The Department of Home Affairs has just published the official November 189 invitation round. The full list is available on the Department’s website.

For those still waiting, it looks like the next round may happen in February or March, as the government is planning to run invitation rounds quarterly.

190 & 491 Visa Allocations 2025–26

The Federal Government confirmed the new state nomination quotas, with a 23% national reduction overall.

States with major cuts:

• South Australia: 41% decrease
• Victoria, New South Wales, Tasmania, Western Australia: Significant cuts
• ACT: Small cut

States with increases:

• Queensland: 117% increase
• Northern Territory: 3% increase

Even with increases, both QLD and NT remain competitive due to high applicant demand.

These cuts mean:

• Less availability of 190 and 491 visas
• Higher competition
• Fewer occupations available
• More migrants needing alternative visa pathways

Check out our full blog about the state allocations for 2025–26.

Four Options to Consider for Your Australian PR Strategy

If you are not receiving a nomination for the 190 or 491 visas, there are four pathways you may consider:

1. Keep trying for the 190 or 491 visa

This works for certain occupations—especially in construction, health, education, or for applicants with strong government roles.

However, if you work in an oversupplied occupation (e.g. Cook, Accountant, Marketing Specialist), continuing to wait may not be an effective strategy.

2. Move to another state

A change of state may help, but only depending on your occupation and the state you’re moving to.

For heavily oversupplied occupations such as Restaurant Managers, Cooks, or Enrolled Nurses, moving often does not improve invitation chances.

Moving is more realistic if:

• You have a confirmed job offer in the new state
• You are relocating from a highly competitive state (NSW, VIC, SA) to one with better allocations (WA or NT)

Always seek migration advice before relocating—Australia’s distances usually involve travelling over 1,000 km.

3. Consider alternative visa pathways

This is now the recommendation of many state governments.

Possible alternatives include:

• Employer Sponsored visas (482 visa) — no allocation caps
• DAMA or Labour Agreement visas
• Partner visas (if you have an Australian partner)

Finding a sponsor can be challenging, but it remains one of the most reliable PR pathways.

4. Retrain into a higher-demand occupation

This is most feasible for applicants on a 485 Graduate Visa with 2–3 years ahead of them.

Some trade occupations receiving 189 invitations at only 65 points may become attractive pathways.

If you need personalised guidance, you can book a consultation with our team.

Book an Appointment

South Australia Opens the 2025–26 State Nomination Program

SA received:

• 1,350 places for the 190 visa
• 900 places for the 491 visa
• Total: 2,250 places (a 41% reduction from last year's 3,800)

Priority sectors:

• Building & Construction
• Defence
• Education
• Engineering
• Health
• Manufacturing

Check our full South Australia blog to learn more about SA state nomination in 2025–26.

National Innovation Visa (NIV) Updates

The NIV replaces the Global Talent Visa and targets highly talented, globally recognised innovators.

Key updates:

• Queensland may open EOIs before the end of 2025
• NSW has received 1,250 EOIs but invited only 5 applicants so far
• Strong demand indicates extremely high competition

With 190 and 491 cuts, it is likely that one state will begin issuing more nomination supports in 2026. Those who act early will benefit most.

If you believe you may qualify, complete our free online assessment.

ART Visa Appeals – Important Reminder

December is a high-volume period for:

• Visa refusals
• Administrative Review Tribunal (ART) decisions

If you receive a refusal, be careful with strict appeal deadlines—missing them may remove your right to review.

What to Expect in Australian Immigration in 2026

Based on current trends, we predict:

• State nomination programs will remain selective and competitive
• Priority will continue for construction, health and education
• Demand for 482 and 186 visas will grow
• 186 processing times will remain long
• DAMA and Labour Agreement pathways will expand
• Skilled migrants will increasingly look for employer sponsorship
• States may issue fewer invitations and adopt more targeted criteria

If you're struggling to secure GSM invitations, read our blog “How to Find a Sponsor in Australia”, which offers practical steps.

Need Personalised Migration Advice?

If you want tailored guidance about your Australian PR options, you can book a consultation with or migration agents or immigration lawyers.

Talk to an Immigration Lawyer

You can also check out our YouTube channel to learn more about Australian visas, permanent residency, and citizenship.