Ministerial Intervention
If you have exhausted all other avenues — including ART review and judicial review — Ministerial Intervention may be your final option. This is a discretionary power held personally by the Minister for Immigration to substitute a more favourable decision where it is in the public interest.
Key Features of Ministerial Intervention
Purely discretionary — The Minister is under no obligation to consider or grant any request. This is not a legal right — it is a discretionary power exercised in the public interest.
Only available after ART — Intervention is only available after you have received a decision from the ART, or in limited cases, after judicial review has concluded.
Processing time: 1–2 years — Processing typically takes one to two years depending on the complexity of your circumstances and the volume of requests before the Minister.
Twelve specific categories — The Minister will only personally consider requests that fall within one of twelve defined categories. Requests outside these categories will not be considered.
Repeat requests are rare — The Minister will only consider a repeat request in very limited circumstances, such as a significant change in circumstances raising new substantive issues not previously considered.
What Is Ministerial Intervention?
Ministerial Intervention is a discretionary power held personally by the Minister for Immigration to substitute a more favourable decision or grant a visa where doing so would be in the public interest. It is not an appeal, not a review, and not a right. The Minister is under no obligation to consider any request — and in many cases, will not.
The Minister has established twelve specific categories where intervention will be personally considered. Falling within a category does not guarantee a positive outcome — it simply means your request will be assessed. The power is exercised personally by the Minister, and departmental officers now only perform mechanical checks against the objective criteria before the request reaches the Minister’s desk.
When the Minister Will Personally Consider Intervention
The Minister has established twelve categories where intervention requests will be personally considered. The following are among the key categories. Falling within a category does not guarantee a positive outcome.
- Parents of an Australian citizen or permanent resident child who was a minor at the time of the request
- Individuals with chronic life-threatening conditions requiring treatment unavailable in their home countries
- People certified as permanently unfit to depart Australia
- Skilled workers in occupations on strategic skills lists who are currently employed in those roles and have the support of an employer
- Carers of Australian citizens with disability ratings above 30 points where no other family support exists
- Protection visa holders or those with protection findings who face character-based exclusions
When Ministerial Intervention Will Not Be Considered
- A detailed written request is lodged with the Minister through the Department of Home Affairs.
- A detailed written request is lodged with the Minister through the Department of Home Affairs.
- A detailed written request is lodged with the Minister through the Department of Home Affairs.
- A detailed written request is lodged with the Minister through the Department of Home Affairs.
The Minister’s guidelines specify circumstances where requests will not be assessed — even if you believe you have a compelling case. Understanding these exclusions before submitting a request is critical.
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