Facing visa uncertainty in Australia can be overwhelming, especially when a family’s future depends on navigating complex migration law and discretionary powers.

At Kris Ahn Lawyers, we recently helped a family secure permanent residency through a carefully executed Ministerial Intervention strategy. This case illustrates how expert legal advice, early intervention, and knowledge of Australia’s citizenship laws can transform a seemingly hopeless situation into a life-changing outcome.

Background

In 2020, a family of four—two parents and their two children—came to our office seeking urgent immigration help. They were referred to us after their employer-sponsored visa had been refused and their appeal to the Administrative Appeals Tribunal (AAT) appeared hopeless due to the employer’s business downturn. Complicating matters further, the family became unlawful in 2021 after an error by their previous migration agent.

Despite this, our legal team at Kris Ahn Lawyers identified a unique and powerful legal opportunity: the family’s youngest child had been born in Australia and was approaching the 10th birthday, triggering eligibility for Australian citizenship.

Strategic Insight: Leveraging the 10-Year Rule for Australian Citizenship

Under Australian law, a child born in Australia who has lived in the country for the first 10 years of their life is eligible for Australian citizenship by operation of law, regardless of their parents’ visa status.

Our legal team advised the family that this milestone could be used as a foundation for a Ministerial Intervention request, arguing that it was in the best interest of the Australian citizen child for the family to remain together in Australia.

Although we provided this advice early on, the family initially remained with their existing migration agent. Unfortunately, an error by that agent during the tribunal appeal led to the family becoming unlawful in 2021. This momentary period of unlawful status meant the family lost their right to work, creating further financial and emotional hardship.

Legal Strategy: Taking Over and Turning the Tide

Once our legal team took charge of the matter, we worked intensively to support the family through the following steps:

Regained lawful status by obtaining a Bridging Visa E.
Advocated strongly for the right to work (though work rights were ultimately denied due to their past unlawful status).
Processed the youngest child’s citizenship application, which was granted in early 2022.
Submitted a comprehensive Ministerial Intervention request in September 2022.
Coordinated community support, school letters, and support from local leaders.
Personally accompanied the family to their local Member of Parliament’s office to advocate for their case.

Our submission focused on Australia’s obligations under the Convention on the Rights of the Child, and the family’s integration, contribution, and ties to the Australian community.

Ministerial Intervention Outcome: Permanent Residency Granted

In April 2025, nearly three years after we lodged the request, the Minister exercised discretion under section 351 of the Migration Act 1958 and granted permanent residency (Former Resident subclass 151 visa) to the entire family.

Case Study: Ministerial Intervention Success – A Family’s Path to Permanent Residency Through Their Australian Child

This marked the end of a long and challenging journey, allowing the family to rebuild their lives, regain their ability to work, and secure their future in Australia.

Key Takeaways

Your child’s Australian citizenship can change everything – Even if your own visa pathway has ended, a child born in Australia who becomes a citizen can create a powerful foundation for a new legal strategy.
Expert legal advice matters – early strategic planning allowed us to turn a failed visa into a successful Ministerial Intervention.
The Minister can still act – even in complex cases, when it’s clearly in the public interest and especially in the best interest of an Australian child.

More Successful Case Studies

In addition to this success, we proudly to highlight another achievement. With the strategic guidance of our Accredited Specialist in Immigration Law, Kris Ahn, and the dedicated efforts of our highly skilled lawyer Daman Sharma and experienced legal assistant Elaine Ong, our team secured permanent residency for a client who had been living unlawfully in Australia for over 23 years.

The milestone was celebrated in Maroubra with the community, with Kris Ahn and Hon Matt Thistlethwaite MP. Hon. Thistlethwaite praised our team’s outstanding work.

We have helped numerous clients in achieving their migration goals and securing permanent residency through tailored and strategic legal guidance. Learn more about our success stories:

Why Choose Kris Ahn Lawyers?

At Kris Ahn Lawyers, we have extensive experience solving complex immigration challenges. When the stakes are high, our clients trust us to deliver:

Expert Guidance: Our team includes Accredited Specialists in Immigration Law, providing expert advice and strategies for even the most complex visa issues.
Tailored Solutions: We understand that every client’s case is unique, and we create personalised strategies to protect your future in Australia. From your first consultation to final outcomes, you are guided by experts who understand the law, the risks, and how to advocate fiercely on your behalf.
Proven Success: With a track record of achieving positive outcomes in both straightforward and challenging cases, we have the experience to defend your visa status effectively.

If you or someone you know is in Australia without a clear visa pathway and there’s a potential Australian child involved, your case might qualify for Ministerial Intervention. Contact our team today to book a consultation and explore your legal options.

Disclaimer: Not Legal Advice

The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.

Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.

Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.

Case Study: Ministerial Intervention Success – A Family’s Path to Permanent Residency Through Their Australian Child