Overview
Ministerial Intervention is a discretionary power under the Migration Act 1958, allowing the Minister for Immigration and Citizenship to intervene in exceptional circumstances to change a decision made by the Administrative Review Tribunal (ART).
Please note: Section 417 has been repealed. Since 14 October 2024, the ART replaced the former Administrative Appeals Tribunal (AAT). Ministerial Intervention now applies only to Section 351 (visa decisions) and Section 501J (character cancellations).
Latest Instructions (September 2025)
On 4 September 2025, the Minister issued new instructions, which were amended on 17 September 2025, replacing the 2016 guidelines and earlier versions. These changes respond to the High Court’s Davis decision (April 2023), which required a more objective and legally robust process.
Key changes include:
- Personal Procedural Decisions (PPDs):
- Requests lodged before 12 April 2023 and not under personal consideration will be finalised without further review unless listed in the annexure.
- Requests lodged between 12 April 2023 and 3 September 2025 will only be considered if they meet the criteria or appear in the annexure.
- Applicants affected by PPDs may submit a new request under the updated instructions.
Scope
Applies only to Section 351 and Section 501J.
Does not apply to Section 417, which has been repealed.
Assessment Criteria (Section 13)
Under the September 2025 instructions, a request will only be referred to the Minister if it meets at least one of the following criteria:
1. Family and Care Factors
The applicant is the parent of an Australian citizen or permanent resident minor.
The applicant provides essential care to an Australian citizen or permanent resident, and this care cannot reasonably be replaced.
2. Health and Humanitarian Factors
The applicant or a close family member has a serious health condition, and remaining in Australia for treatment is in the public interest.
3. Skills and Economic Contribution
The applicant holds an occupation on the skilled occupation list and can demonstrate a positive economic contribution.
The applicant previously held a Business Innovation visa (Subclass 188) and now meets the requirements for the Business Innovation and Investment (Permanent) visa (Subclass 888).
4. Community and Public Interest Factors
The applicant has lived in Australia for an extended period and actively participates in community life, showing strong social integration.
The applicant cannot return to their home country due to exceptional circumstances (e.g., natural disaster, conflict), and remaining in Australia serves the public interest.
5. Other Exceptional Circumstances
There are compelling compassionate or humanitarian reasons, and failure to intervene would result in a clearly unjust outcome.
6. Long-Term Residence and Special Hardship
The applicant entered Australia as a minor and has spent at least 50% of their life in Australia, and cannot leave due to family or health-related hardship.
Submission Requirements
When lodging a Ministerial Intervention request, you must:
- Submit the request in writing.
- Specify the relevant intervention power (e.g., Section 351 or Section 501J).
- Include a copy of the tribunal decision.
- Identify which Section 13 criteria apply.
- Provide supporting documents (certified copies; non-English documents must include NAATI-certified translations).
Supporting Documents
All documents must be certified copies.
Non-English documents must include NAATI-certified translations.
Frequently Asked Questions
1. What happens if my request does not meet the criteria?
If your request does not meet the Section 13 criteria, it will be assessed and finalised by departmental officers and will not be referred to the Minister.
The request will be closed, and you will not receive further consideration.
Submitting an ineligible request does not affect future visa applications but will not change the current decision.
2. Is Ministerial Intervention an appeal process?
No. Ministerial Intervention is a discretionary power based on public interest, not a legal right.is means:
You cannot demand intervention, and the Minister is under no obligation to consider or approve your request.
Intervention occurs only in exceptional cases, such as significant humanitarian or public interest reasons.
3. Is there a time limit for lodging a request?
You should lodge your request as soon as possible after the tribunal decision.
If you have arranged to depart Australia or your visa has expired, lodging a request may not prevent enforcement of immigration decisions.
4. Does meeting the criteria guarantee success?
No. Even if you meet the criteria, the Minister may still decide not to intervene.
Intervention is rare and generally occurs only where failure to intervene would result in serious injustice or hardship.
5. Can I apply again if my request is refused?
You may submit a new request if there is a significant change in circumstances (e.g., worsening health or new family factors).
Repeated requests based on the same reasons are unlikely to be considered.
