The Minister of Immigration and Citizenship has powers to grant visas and make a new decision in substitute for the decisions made by review bodies such as the Administrative Appeals Tribunal (AAT).
These powers are discretionary and are only exercised in limited circumstances. The power will only be exercised if it is in the public interest to do so. The Minister’s powers can often only be exercised if the AAT has made a decision.
Applicants for Ministerial Intervention must hold a valid visa.
When will the minister intervene?
The Minister is more likely to intervene in the following case:
- There are strong compassionate reasons for intervention where one or more of the person’s family members is an Australian citizen and their removal would create continuing hardship to the Australian citizen
- There are compassionate reasons relating to the person’s age, health (physical and psychological)
- There is an exceptional scientific, economic or cultural benefit to the person remaining in Australia
- The person cannot be returned to their country of origin because of circumstances beyond their control
- The person is at risk of mistreatment and harm if they returned to their country of origin
When won’t the minister intervene?
The Minister cannot intervene if:
- There is no decision from the AAT
- The AAT found that it did not have jurisdiction or that the application was made outside of the time limit
- It is against public interest to intervene.
Do you need help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with an application for Ministerial Intervention.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
If you require further information regarding your Australia visa options you can contact us through: