Ministerial Intervention Appeal
If a visa application is refused and an appeal to the AAT fails, the applicant can appeal to the Federal Circuit Court (FCC) or request Ministerial Intervention. If the Minister agrees to intervene, the applicant is usually granted a visa.
Ministerial Intervention, along with the initial review by the Department of Home Affairs, AAT review, and Federal Court appeal, constitutes the Australian immigration legal system, ensuring fairness.
- The Department of Home Affairs and AAT focus on the legal aspects of whether an application meets immigration law requirements.
- The Federal Circuit Court (FCC) determines whether the decision-making process complied with legal standards.
- The Minister has discretionary power to approve a visa based on humanitarian considerations, even if the applicant does not meet standard immigration criteria.
The success rate of Ministerial Intervention is low. The Minister intervenes only in exceptionally compelling cases.
The Minister may intervene under the following conditions
- Australia is a signatory to the Convention on the Rights of the Child.
- If the applicant is a guardian of a minor, and their forced departure would negatively impact the child’s well-being, Ministerial Intervention may be considered.
- The applicant has severe physical or mental health conditions
- If deportation would cause irreversible harm, the Minister may intervene.
- The applicant cannot return to their home country due to:
- Risk of inhumane treatment or punishment
- Potential death penalty
- Serious threats to personal safety, dignity, or human rights
- The applicant has lived in Australia for a long time and has integrated into Australian society.
- The applicant’s presence in Australia provides significant contributions to:
- The economy
- Science and technology
- Arts and culture
- Other fields of national interest
Additional considerations for Ministerial Intervention
- Does the applicant pose a threat to national security?
- Does the applicant have a criminal record in Australia?
- Has the applicant complied with Australian visa conditions?
- Other factors the Minister may deem relevant.
Basic Procedure for Ministerial Intervention
- Nature of request: A request for intervention (not a visa application)
- Application fee: No fee required
- Eligibility: Only applicants who have unsuccessfully appealed to the AAT are eligible to request Ministerial Intervention.
- Processing time: 3 to 6 months
Visa Status During Ministerial Intervention
While waiting for the Minister’s decision, applicants can apply for a Bridging Visa E (BVE) to legally remain in Australia.