Failure at AAT Stage – What is Ministerial Intervention?
The above represent the two most feared words for any visa applicant or visa holder, especially when affirmed by the Administrative Appeals Tribunal. Sponsoring employers and their businesses of applicants under the 457 visa stream who are presently in Australia might also affected by such decisions. Ministerial Intervention might be the solution.
Most applicants are under the impression that their last chance of hope after a visa application has been refused or cancelled before taking the matter to the Courts lies with the Administrative Appeals Tribunal.
In the event the Migration Division of the AAT decides to uphold the Department’s decision for an application or visa cancellation, the option to apply for Ministerial Intervention is available where certain exceptional circumstances are present. Before embarking on the very complex and expensive process of legal representation of the matter in the Courts, applicants should discuss the chances of success of this alternative with our migration experts.
“Unique and exceptional circumstances”
In order to be successful with being granted an intervention by the Minister, applicants will need to demonstrate that their matter is eligible, by establishing some of the below applies to their situation:
- Particularly compelling or compassionate circumstances that would cause the relevant Australian citizen or permanent resident to suffer irreparable harm and continuous hardship, in the event the applicant was forced to leave Australia;
- It would be in Australia’s cultural, scientific, economic, business or other benefit for the applicant to remain in the country;
- How long the applicant has remained in Australian and the ties with the Australian community they might have developed;
- The relevant legislation did not anticipate the circumstances, or clearly unintended the consequences of the legislation.
The above are highly relevant to partner visas, spouse visas or skilled migration.
If your particular situation fits any of these grounds, your application may be eligible for Ministerial Intervention.