Ministerial Intervention

The Minister has the influence and control under the Migration Act 1958 to intervene in the case of a person when the Minister thinks and believes it is of the best interest of the public to do so. Additionally, it is also the Minister who decides what is in the public interest and what is not. Also, the Minister is not lawfully guaranteed to intervene or consider the intervention.

When there is intervention made by the minister to make more a decision that is more favorable, this typically means that the Minister is granting a visa. Nevertheless, only a few of all the requests for ministerial intervention succeed.

How can ISA Migrations help you?

Our team expert migration agents who have skillfully dealt and negotiated with clients from different nations and as cultural backgrounds makes thorough evaluation on the case of our clients including their personal conditions. When the evaluation is completed and no problems are detected, the next move is then recommended to be done be it to obtain a visa, apply for the citizenship in Australia, or request for such an intervention. In addition to this, we also provide a complete checklist that will address all the legislations needed. Visit us at your nearest ISA Migration’s office or fill out the inquiry form and send us your query. One of our team members will get in touch with you.

Requesting for Ministerial intervention

Who can request for the Ministerial intervention?

The option to request for a Ministerial intervention may apply to an individual who has:

received a decision by review tribunal
previously been refused or deny a protection visa or;
his protection visa has been cancelled

What to know about the guidelines for this option

The guidelines for this option serve as the description of the case types that might be referred for the consideration of the Minister. An assessment and request are made against the said guidelines. In connection to this, requests that do not meet the guidelines are finalised. Most requests do not meet the guidelines and are not referred to the Minister. Other things to consider before attaining a ministerial intervention decision include:

the Minister has described the kinds of unique or extraordinary circumstances in which a particular case might be referred for the consideration of the minister
the guidelines indicate that specific cases that do not meet the guidelines for referral are unsuitable for consideration
the Minister has described the cases’ conditions in the guidelines.
the Minister is expecting the Government to finalise such requests minus further processing

The things to know about judicial review

If the Department sends a person notification in a decision letter that he has been refused the visa or his visa has been cancelled, and he is qualified for judicial review of the decision, he should quickly act if he aims to apply for a review of that particular decision. This is for the reason that there is a time restriction as to when there should be a lodging of the application to make it reviewable by the AAT. The AAT cannot make an extension with the date when the application for the Administrative Appeals Tribunal (AAT) for a review of the decision must be made. Appropriate form must be completely filled out and a corresponding fee must also be paid for within the time limit set.

General Q & A about this intervention

Who can make a request for this intervention?

A person or his authorized representative can request for this intervention if he has had a merits review tribunal decision. If there is no relevant authority from this particular person, there will be no communication with a third party about such a request.

How does one make a request?

An individual or his authorized representative can write a letter of request for this intervention to the Minister. However, he needs to exactly identify who is included in his request, disclose his departmental reference number if he knows it, and secure a copy of his tribunal decision for quick identification of the case.

Who among the family members to include

One can only include members of the family in his request if they have also undergone a merits review tribunal decision.

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