What is Ministerial Intervention?

If you have applied for a visa, had it refused, and failed to get it remitted at the Administrative Appeals Tribunal, there is another option that may be available to you – Ministerial Intervention. Under the Migration Act, the Minister has the power to ‘intervene’ in your matter if they believe it is in the interests of the Australian public to do so, or if significant compassionate circumstances exist.

Ministerial Intervention is essentially one last opportunity to have your voice heard and do your best to prove that granting a visa to you is in some way beneficial to society. The chances of success in Ministerial Intervention can vary greatly depending on your visa history, the reasons that your visa has been refused, and your personal circumstances.

Unique or Exceptional Circumstances

Only a very small quantity of requests for intervention have a positive outcome. This is due to the fact that only cases with unique or exceptional circumstances will be considered by the Minister; for example, if refusal to recognise compassionate circumstances would result in serious, ongoing and irreversible harm to an Australian citizen or Australian family unit; if you have an exceptional capacity to contribute meaningfully to Australian society; or if you are unable to return to your country of citizenship due to circumstances beyond your control.

Documents that will be required to support compassionate claims include statutory declarations regarding the impact that your removal would have, medical or specialist reports, and a supporting letter from each person who would be negatively affected should your request not be considered.

If you hope to prove that you have the capacity to make an exceptional positive impact on Australia’s economic, scientific, or cultural landscape, you may also be permitted to remain in Australia on this basis. Evidence of this could include the recognition of your skills and qualifications by a relevant Australian assessment authority, references from employers, or other evidence of recognition in your industry such as awards or letters of support.

Eligibility to Request Intervention

It is important to note that you may also be ineligible to request Ministerial Intervention due to a range of factors, such as failing to satisfy character grounds, being subject to certain visa conditions such as condition 8503, or being an unlawful non-citizen. While a request for Ministerial Intervention is processing, you are also unable to leave Australia – doing so will automatically result in a failed application.

If you wish to proceed with requesting Ministerial Intervention, you will need to be aware of the strict time limits that will apply to your application, and ideally already have the bulk of the information you will need in order to apply at hand so that your request can be made as promptly as possible.

Ethos Migration Lawyers has extensive experience in successful intervention, meaning that the Minister has agreed to intervene and grant the applicant a visa to enable them to remain in Australia lawfully. Ministerial Intervention is likely to be your last chance to secure a visa – ensure that you make the most of it, and get in touch with us for the best possible chance of success.

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