Ministerial Intervention

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Request Ministerial Intervention

The applicant or applicant’s authorised representative, can make a request for ministerial intervention if the applicant has had a merits review tribunal decision.

 

If the applicant is represented by a registered migration agent or an exempt person, the applicant must provide a completed Form 956 – Advice by a migration agent/exempt person of providing Immigration assistance (297KB PDF) which should indicate that authorised representative deals with the Department in relation to the specific matter of ministerial intervention.

 

The applicant must provide information about  circumstances and why the applicant consider the Department to be unique or exceptional. The applicant must include all relevant supporting documentation otherwise the Department requests further information from the applicant.

Inappropriate To Consider

The following cases are NOT appropriate for the Ministerial Invervention and NOT meet the guideline for referral.  If the applicant’s case has one or more of these circumstances, the Department will finalise it without referral to the Minister and will advise the applicant or applicant’s authorised representative in writing:

 

 

  • the request is made by a person who is not the subject of the request or their authorised representative
  • the person is in the community and:
    • is an unlawful non-citizen and remains an unlawful non-citizen throughout the course of their Ministerial intervention request
    • does not cooperate in ensuring that a valid travel document is available (or has not satisfied the Department that they are stateless)
  • the person has been found not to satisfy a fraud-related Public Interest Criterion for the grant of a visa
  • the person’s visa has been cancelled because they breached their visa conditions
  • the person has had a visa refused because they did not comply with the conditions of a previous visa
  • the person has been refused a visa or has had a visa cancelled on character grounds
  • the Australian Secret Intelligence Organisation (ASIO) has determined that the person is a direct or indirect risk to national security through issuing the person with an Adverse Security Assessment (ASA) which remains in effect
  • the person could apply for a Partner visa onshore but is subject to a visa condition 8503 (which specifies that after entering Australia, the person cannot be granted another substantive visa other than a protection visa while they remain in Australia) and a request for a waiver of that condition has not been sought or decided
  • the person may be able to apply for a Partner visa onshore, as prescribed under regulation 2.12(1) of the Migration Regulations 1994 (the Regulations)
  • the person’s application for a Partner visa onshore, as prescribed under regulation 2.12(1) of the Regulations, has been refused and the person is now barred from applying for a Partner visa onshore
  • the person has left Australia
  • the person has an ongoing application for a substantive visa (either onshore or offshore)
    with the Department
  • the person has an ongoing application for merits review of a visa decision with a relevant review tribunal
  • the person has had a remittal or a set aside decision from a relevant review tribunal or a court
  • the person’s review tribunal decision was in relation to the refusal or cancellation of a Bridging visa E
  • the person has an ongoing ministerial intervention request under any of the powers covered by these guidelines
  • a Notice of intention to remove has been issued to the person and the ministerial intervention request has not been initiated by the Department
  • the person holds a Bridging visa E with visa condition 8512 which specifies that the person must leave Australia by a specified date
  • the request raises claims only in relation to Australia’s non refoulement obligations.

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