Ministerial Intervention is a process where the Minister for Immigration can intervene in your case when the Minister thinks it is in the public interest to do so.
ELIGIBILITY FOR MINISTERIAL INTERVENTION
If you have received a visa refusal and gone on to have that application appealed at the AAT, and if the decision has been affirmed by the Administrative Appeals Tribunal (AAT), you can request Ministerial Intervention.
Unlike the Department and the AAT, the Minister of Immigration is not bound by the rules and regulations of a visa. What is and what is not in the public interest is for the Minister to decide. The Minister is not legally bound to intervene or to consider intervening.
If you have received a negative AAT determination then you may be at risk of having your Bridging Visa expire.
THE APPLICATION PROCESS FOR MINISTERIAL INTERVENTION
Once you have lodged a request for Ministerial intervention, the Minister of Immigration will determine whether or not to intervene and make a favourable decision to grant a visa. Only a small number of all requests for Ministerial Intervention are successful.
If the Minister does not intervene in your case, the Minister expects you to leave Australia when your current visa runs out.
Ministerial Intervention is usually the last opportunity for a person to remain in Australia and contest their matter. A request for Ministerial Intervention is a specialised area of work that requires a detailed submission and specific documentation to support any compelling, unique or exceptional circumstances in which a case might be referred for the Minister’s consideration.
- This is the final stage in your appeal process to remain in Australia.
- Ministerial Intervention
- Very few Ministerial Intervention requests are approved. Generally you need to have strong compelling or compassionate circumstances.
- You will need to contact your local member and other local community leaders and request a letter of support to lodge with your request.
- Take care to lodge any request for MI before your bridging visa expires as the Minister will not consider a request from an unlawful requester.
- After your AAT refusal you will only be eligible for a Bridging Visa E.
- Talk with your Migration Agent About the different factors that assist in demonstrate compassionate and compelling grounds.
HOW WE CAN HELP WITH YOUR REQUEST FOR MINISTERIAL INTERVENTION
The agents at Summit Migration have extensive experience in this area, specifically specialising in requests for ministerial intervention following negative partner visa or protection visa outcomes in the AAT.
We will assist you in approaching your local member for support.
We have an in-depth understanding of the factors that contribute a persuasive Ministerial Intervention request.
Years of experience preparing and working with clients to prepare their requests
We move quickly to gather your supporting evidence and take the stress out of the process for you
We take each case personally as we know how important these cases are to your life
Our single goal is to get you to a visa grant.
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Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for a Partner Visa and consult with one of our solicitors and Registered Migration Agents.
If you have have a visa refusal, then the solicitors at Summit Migration may be able to assist. Find out more about appeals for visa refusals here. Alternatively, you may be eligible for Ministerial Intervention.