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Ministerial Intervention

A discretionary, last resort request to the Minister for Immigration and Citizenship available only after a review tribunal has made a final decision against you.

Overview

When standard avenues are exhausted

Ministerial Intervention (under sections 351 and 501J of the Migration Act) lets the Minister personally consider replacing an unfavourable tribunal decision with a more favourable one, if the Minister believes it's in the public interest. It is not a right of review and doesn't form part of the standard visa process the Minister isn't required to consider any request, isn't bound by any timeframe, and can only exercise this power personally.

You can only request Ministerial Intervention after receiving a decision from the Administrative Review Tribunal (ART) or the former AAT. It isn't available if there's been no tribunal decision, a Minister has already intervened, a court has quashed the tribunal decision, or the Department has already made a fresh decision after a case was sent back to it. New Ministerial Instructions issued in September 2025 set out the specific criteria the Department uses to decide whether a request gets referred to the Minister at all most requests are assessed against these criteria and only referred if they're met.

We give a realistic assessment of whether your circumstances justify a request, and if so, prepare a considered, well-evidenced submission addressing the current referral criteria.

Who this pathway is for

  • Applicants who have received a final decision from the ART (or previously the AAT) against them.
  • Cases involving exceptional or compassionate circumstances.
  • Long-term Australian residents facing removal.
  • Families facing separation as a result of a visa decision.
  • People whose earlier Ministerial Intervention request was finalised without referral, who want to make a new request under the current criteria.

Important updates you should know

  • New Ministerial Instructions took effect in September 2025 (with an amendment later that month), replacing the previous 2016 guidelines these now govern exactly which requests get referred to the Minister.
  • The Minister also issued Personal Procedural Decisions in September 2025 affecting many older and pending requests some historic requests lodged before April 2023 have already been finalised by the Department rather than referred to the Minister, unless specifically listed for continued consideration.
  • You must remain a lawful non-citizen (hold a valid visa) for your entire request to be considered if you become unlawful and could have applied for a bridging visa but didn't, your request will be finalised without ever reaching the Minister.
  • Making a request does not pause or prevent removal action the Department is still required to remove anyone liable for removal as soon as reasonably practicable, unless the Minister has personally decided to consider the case.
  • If you leave Australia without a valid return visa while your request is still pending, it will generally be finalised without referral to the Minister.
  • Requests can be lodged online via the "Contact the Minister" form or by post, and must clearly specify which power you're relying on, your tribunal decision, and which referral criteria apply to you supporting documents should be certified copies, with NAATI accredited translations for anything not in English.

Key facts

NatureMinisterial discretion, not a legal right the Minister need not consider or act on any request.
Legal basisSections 351 and 501J of the Migration Act 1958.
AvailabilityOnly after a final ART (or former AAT) decision, and while you remain a lawful visa holder.
OutcomeNot guaranteed - assessed case by case against current referral criteria.
While pendingYou're still expected to keep engaging with the Department and preparing to leave Australia.
RepresentationRegistered migration agent or lawyer permitted (Form 956).
Check my eligibility
What's included

How we handle it for you

01

Honest case assessment

A realistic view on whether your case meets the current referral criteria and is worth pursuing.

02

Evidence compilation

Compassionate, community, and personal circumstances documented and properly certified.

03

Submission drafting

A clear, considered request prepared against the current Ministerial Instructions.

04

Ongoing case monitoring

Keeping track of your request, your visa status, and any Department correspondence while it's considered.

Our Process

From first conversation to decision

01

Case review

We assess your circumstances, prior tribunal decision, and current visa status honestly.

02

Evidence gathering

We compile the strongest possible supporting case, with certified documents and translations where needed.

03

Submission

We prepare and lodge the request, addressing the specific referral criteria that apply.

04

Monitoring

We track the request, help you stay lawful and compliant while it's pending, and advise on next steps regardless of outcome.

Exhausted your other review options?