Ministerial Intervention
Requesting a Ministerial Intervention
Ministerial Intervention is a request made to the Minister for Immigration to intervene in a visa-related case where all other legal avenues have been exhausted. The Minister has the discretion to grant a visa or overturn a decision in cases where it is deemed in the public interest.
At Kris Ahn Lawyers, we specialise in assisting clients with preparing and submitting strong Ministerial Intervention requests. Our experienced team provides tailored advice and representation to give you the best chance of success.
Ministerial Intervention Requirements
To be eligible to request Ministerial Intervention, you must meet certain criteria:
Exhausted Legal Options
Ministerial intervention can only be sought after all other legal options, such as appealing to the Administrative Review Tribunal (ART), have been exhausted.
Exceptional Circumstances
The case must involve unique or compelling circumstances, such as protection claims, family hardship, or other compassionate reasons.
Public Interest
The Minister will only intervene if it is in the public interest to do so. This is assessed on a case-by-case basis.
What is the process of Ministerial Intervention?
Here is an overview of the Ministerial Intervention process:
1
Exhaust Legal Avenues
Before requesting Ministerial Intervention, you must have gone through the ART or other appeal processes, and the original decision from the case officer is upheld.
2
Submit a Request
A formal request is submitted to the Department of Home Affairs, outlining why Ministerial Intervention is warranted. The request must include compelling reasons supported by evidence.
3
Review and Decision
The Minister’s office reviews the request and considers whether to intervene based on the public interest and the circumstances presented. The Minister has full discretion in deciding whether or not to intervene.
What type of cases does the Minister usually intervene?
The Minister may intervene in cases that involve:
- Strong compassionate circumstances that evidence an Australian citizen or Australian family unit would suffer serious, ongoing and irreversible harm if the Minister did not intervene.
- Compassionate circumstances regarding the applicant’s health, age or psychological state.
- Evidence that the applicant brings exceptional economic, scientific, cultural or other benefit to Australia.
- Evidence that legislation led to the unfair or unreasonable result of the applicant’s visa.
- Where the applicant cannot return home due to circumstances outside of their control.
What type of cases does the Minister not intervene?
Cases or reasons for which the Minister will not intervene are many, below are a few examples scenarios.
Repeated Requests
Where previous Ministerial Intervention requests have already been considered and refused.
Unmeritorious Claims
Cases lacking substantial evidence or clear public interest grounds.
Character Concerns
Where the applicant has a significant criminal record or poses a risk to the community.
Please contact us for an in-depth discussion.
How Can We Help?
At Kris Ahn Lawyers, we provide expert guidance and representation throughout the Ministerial Intervention process. Our team can help you prepare a compelling submission, including gathering evidence and presenting the strongest possible case. With extensive experience handling complex immigration matters, we ensure that your request is thoroughly prepared and clearly demonstrates why Ministerial Intervention is warranted.
Frequently Asked Questions
When can I apply for Ministerial Intervention?
You can only apply for Ministerial Intervention after all legal avenues, such as appeals to the ART, have been exhausted.
What happens if the Minister refuses my request for intervention?
Each case is privy to steps that can be taken. Please reach out to our office to discuss further in depth.
What are my chances of success?
Success depends on the strength of your case and whether it meets the Minister’s criteria for public interest. Kris Ahn Lawyers can help assess your eligibility and build a strong case.
Can I make multiple requests for Ministerial Intervention?
Generally, repeated requests are not considered unless there is new and compelling information that was not available during the initial request.
How long does the Ministerial Intervention process take?
The timeframe for a decision varies, and there is no guaranteed timeline. It may take several years or more for a decision to be made.
