Request Ministerial Intervention for Exceptional Circumstances

Ministerial Intervention is a discretionary power under the Migration Act 1958 that allows the Minister for Home Affairs to personally intervene in visa matters when it is in the public interest to do so. The Minister can substitute an unfavourable decision with a more favourable outcome, even after you have exhausted all other appeal options. This is typically the final pathway available after an Administrative Tribunal Review (ART) has been unsuccessful. The Minister has no obligation to consider or respond to requests, making this a highly discretionary and exceptional remedy.

The main sections for Ministerial Intervention are:

• Section 351: Allows the Minister to substitute a more favourable decision after the ART has affirmed a visa refusal. This covers most visa types including partner visas, student visas, work visas, and skilled visas.
  
• Section 501J: Applies specifically to character-based visa refusals or cancellations under section 501, where the Minister can substitute decisions involving criminal convictions or character concerns.
  
• Section 46A(2): Permits the Minister to allow Unauthorised Maritime Arrivals (UMAs) to make valid visa applications onshore.
  
• Section 48B(1): Allows the Minister to lift the section 48A bar, giving individuals seven days to apply for another protection visa.

New guidelines effective from September 2025 establish clearer criteria for each section following the High Court's Davis decision.

Ministerial Intervention requests involve no government fees but require substantial professional preparation:

Government Fees: There is no fee to lodge a Ministerial Intervention request with the Department of Home Affairs.

Professional Fees: Our firm generally requires payment of professional fees upon signing the service agreement. This ensures we can dedicate the necessary resources to your case.

Payment Methods: We accept credit cards for professional fees.

Ministerial Intervention has no guaranteed timeframe:

Preparation Time: Preparing a comprehensive Ministerial Intervention submission typically takes 4 to 8 weeks, depending on the complexity of your case and the evidence required. However, our firm can expedite the process for urgent cases.

Processing Time: There is no standard processing time for Ministerial Intervention requests. Some cases receive decisions within months, while others may take years. The Minister prioritises cases based on exceptional circumstances and public interest considerations. You can apply for a Bridging Visa E (BVE) to maintain lawful status while awaiting a decision.

Professional legal representation for Ministerial Intervention involves significant costs due to complexity:

Government Fees: Free – there is no charge for lodging a Ministerial Intervention request.

Professional Fees: Our professional fees depend on the complexity of your matter and the work involved. We set out a fixed written fee proposal after the initial discussion, so you know the cost before you commit.

Under the September 2025 guidelines, the Department refers cases to the Minister based on specific criteria including:

• Strong family ties: Being the parent of an Australian citizen or permanent resident child (who was a minor at the time of request)
• Carer responsibilities: Providing essential care to an Australian citizen with a Carer Visa Assessment Certificate where no other eligible family members can provide care
• Business investor pathway: Former holders of Subclass 188 visas who now meet time-in-Australia criteria for Subclass 888 visas
• Compelling humanitarian circumstances: Situations where refusal would cause irreversible harm, serious ongoing hardship, or exceptional compassionate circumstances
• Public interest considerations: Cases where intervention serves broader Australian interests
• Character-based matters: Strong family or community ties despite criminal history, rehabilitation evidence, or exceptional circumstances warranting compassion

Each case requires detailed evidence demonstrating why your circumstances are truly exceptional and warrant the Minister's personal intervention.

If the Minister declines to intervene, this generally represents the end of your migration options in Australia:

• No right of review: There is no legal right to appeal the Minister's decision not to intervene
• Departure arrangements: You will typically be expected to make arrangements to depart Australia
• Subsequent requests: You may lodge a new Ministerial Intervention request if there is significant new information or a substantial change in circumstances, but repeat applications without new grounds are rarely successful
• Alternative visas: In some limited circumstances, you may be eligible to apply for a different visa category from outside Australia

It is critical to present your strongest case in your first Ministerial Intervention request, as this may be your only opportunity.

Professional legal representation for Ministerial Intervention is essential because:

• This is typically your final opportunity to remain in Australia—there is no margin for error
• The Minister has no obligation to consider your request; submissions must be exceptional, compelling, and precisely aligned with the new 2025 guidelines
• Immigration lawyers understand what evidence the Minister considers persuasive and how to structure submissions that meet the "exceptional circumstances" threshold
• Comprehensive supporting documentation is crucial—medical reports, psychological assessments, character references, expert country condition reports, and evidence of Australian ties must be professionally compiled
• Lawyers can navigate which section of the Migration Act applies to your situation and present the most compelling legal and humanitarian arguments
• The consequences of an unsuccessful request are severe—deportation and potential re-entry bars

Ministerial Intervention represents your last chance. Expert legal representation maximises your prospects in this highly discretionary process.