For a Ministerial Intervention application to be considered by the Minister, guidelines exist that outline the circumstance that will and will not be considered.

The Minister will consider Ministerial Intervention cases that:

Parent of an Australian child

• The Minister may consider intervention where the applicant is the parent of an Australian citizen or permanent resident child who is a minor at the time the request is made.

Skilled workers

• Ministerial Intervention may be considered where the applicant has skills in an occupation listed on a recognised skilled occupation list, is currently working in that occupation, and can provide supporting evidence such as a skills assessment or relevant qualifications. If the applicant is employed, evidence of employer support is also required.

Business visa pathway (SC188 to SC888)

• The Minister may intervene where the applicant previously held a Subclass 188 (Business Innovation and Investment (Provisional)) visa and would now meet the requirements for the grant of a permanent Subclass 888 visa, particularly where the only barrier is procedural or timing related.

Carers of Australian citizens

• Ministerial Intervention may be available where the applicant is caring for an Australian citizen who requires significant assistance, evidenced by a Carer Visa Assessment Certificate with a minimum impairment rating of 30. In addition, there must be no suitable family members in Australia able to provide care, and care services must not otherwise be reasonably available.

Protection visa refused on character grounds

• The Minister may consider intervening where an applicant has been found to engage Australia’s protection obligations, but a protection visa was refused or cancelled on character grounds. This allows consideration of cases where protection concerns exist but are outweighed by character considerations in the standard process.

Immediate family of a protected child

• Ministerial Intervention may be considered where the applicant is an immediate family member of a child who engages Australia’s protection obligations and who holds (or has previously held) a protection or humanitarian visa.

Children in state care

• The Minister may intervene in cases involving minors under the age of 18 who are in the care of an Australian State or Territory welfare authority. These cases reflect heightened vulnerability and a need for protective oversight.

Technical visa refusal cases

• Ministerial Intervention may be available where an applicant would have met visa criteria but for a specific technical requirement under the Migration Regulations.

Long-term residents with health concerns

• The Minister may consider intervention where the applicant entered Australia as a minor and has lived in Australia for at least half of their life, would suffer adverse mental or physical health consequences if required to leave, and has no family members in countries they could return to.

Inability to return to country of citizenship

• Ministerial Intervention may be appropriate where the applicant cannot return to any country of citizenship or usual residence because the relevant authorities refuse to cooperate (for example, by failing to issue travel documents or refusing to recognise the person’s citizenship).

Importantly, the Minister may only intervene where it is considered to be in the public interest. The power is personal and non-compellable, meaning the Minister is not obliged to consider or exercise it, even when the criteria are met.