What Are the Criteria for Ministerial Intervention in Immigration Matters?

What Are the Criteria for Ministerial Intervention in Immigration Matters?

Have you experienced a visa refusal or citizenship denial and gladly needed some help? The good news is that you might still have one last chance to remain in Australia by applying for ministerial intervention.

This special power enables the Minister for Immigration to reassess your case should there be unusual circumstances. However, their discretionary approval is not straightforward and requires knowledge of how it works.

This article outlines the key points you need to consider when submitting a strong request.

Important

This article was last updated in October 2025 following significant policy changes to Ministerial Intervention procedures.

What is a Ministerial Intervention in Australian Immigration?

A Ministerial intervention of Australian Immigration refers to an extraordinary discretionary power of the Minister for Immigration that enables them to directly intervene in particular visa or citizenship cases that don’t meet regular eligibility standards.

Under the migration law, the Minister may replace the original decision with their own. This is specified under certain sections of the Migration Act 1958, such as Section 48B (for protection visa reapplications with new evidence), Section 351 (general ministerial intervention power for most visa types), Section 417 (specifically for protection visa cases after Administrative Review Tribunal decisions), and other provisions including 137L, 195A, 197AB, 391, and 501J.

For instance, the Minister can intervene in your case after the Department of Home Affairs has denied a visa or citizenship application. They can also review an adverse tribunal decision on merits review by the Administrative Review Tribunal (ART), which replaced the former Administrative Appeals Tribunal (AAT) in 2025.

In such cases, the Minister determines whether exceptional circumstances justify granting a visa or citizenship, even if the original application was unsuccessful. The decision to intervene supersedes any prior refusal or denial.

Recent Changes to Ministerial Intervention (2025)

Important Policy Update: On September 4, 2025, significant changes came into effect for Ministerial Intervention requests. The Minister now only considers cases involving urgent, compassionate, or internationally sensitive circumstances. These changes have substantially raised the threshold for successful intervention requests.

As of September 19, 2025, new Ministerial Instructions replaced the 2016/2017 guidelines, implementing stricter eligibility criteria. Only cases with extraordinary grounds that fall within the categories of urgent, compassionate, or internationally sensitive will be considered.

Additionally, under Personal Procedural Decisions (PPDs) issued in 2025, the Minister will not consider MI requests made before April 11, 2023, except in a few limited cases. Individuals affected by the change must submit new requests in accordance with the current guidelines.

Requirements for Ministerial Intervention

Numerous conditions must be met for the Minister to consider intervening in a case. 

First, you have applied unsuccessfully for the appropriate visa or citizenship and have exhausted all avenues of review or appeal.

You cannot approach the minister for intervention first. The usual application and review processes should be followed.

Then, you need to demonstrate that exceptional circumstances exist in your particular case to justify ministerial intervention.

Prove that a refusal would cause severe damage and suffering to an Australian citizen or permanent resident. However, it is up to the Minister’s discretion; they cannot be forced to perform their duty.

You shoulder the weight of establishing a case and demonstrate to the Minister why they should use their discretionary powers to allow you a visa or citizenship.

You should also include paperwork that demonstrates your special circumstances as part of your request. This may involve proving that compassionate circumstances, including those related to your health or Australia’s protection obligations, exist. Or perhaps proof that the expulsion from Australia was not in a child’s best interests.

You must directly respond to the Minister’s public interest criteria for intervention. The nation benefits from granting you a visa or citizenship. You need to explain how you add value.

Cases That the Minister Can Intervene In

The Minister has very broad discretion. In theory, any immigration case could be considered for intervention if it is persuasive. However, they will typically only exercise these powers when uniquely or exceptionally unusual circumstances exist. The Minister may be disposed to intervene, for example, in cases as diverse as:
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• After a visa application was refused on character or other migration grounds, and a review by the review tribunal was unsuccessful on the merits of the case.
• In circumstances where the refusal or denial of a visa or citizenship would cause severe or irreparable harm or significant ongoing hardship to an Australian citizen or permanent resident. For example, a benign outcome would protect an Australian family unit from irreversible damage. That is, it would be in the economic, scientific, cultural, or other general national interest to allow them to remain in Australia.
• Draws on strong, compassionate reasons for intervention to grant a bridging visa where a person faces removal from Australia before their case has been finalised.
• Preventing the removal or deportation of vulnerable or elderly persons back to their country of origin in potentially life-threatening situations.
• In compelling or compassionate circumstances, onshore entry or protection visas where relevant visa classes do not apply.
• Right of Equality of Opportunity. For immigration cases related to the best interests of children, as outlined in conventions such as the Convention on the Rights of the Child.
• To fix unintended consequences or unjust outcomes caused by a strict application of migration laws.

Cases That the Minister Does NOT Intervene In

The Minister’s powers are indeed extensive, though there are limits to ministerial intervention in immigration matters. These include:

• General refusal by a visa officer of the Department to grant a visa or citizenship before a review on the merits. Generally, review processes should proceed as intended.
• Visa is denied on character grounds or due to failure to comply, unless in thoroughly exceptional circumstances.
• Fast-track assessment process for refusal of onshore protection visas.
• Safe Haven Enterprise Visa and Protection Claims Decisions.
• Determination of Refugee Status outcomes caused by a strict application of migration laws.

If an immigration matter is before a court, it cannot also be intervened in by the Minister, either in cases such as setting up visa cancellation hearings, or before a court.

Under the new 2025 guidelines, the Minister will also not consider:

• Requests made before April 11, 2023 (subject to Personal Procedural Decisions)
• Cases that do not meet the urgent, compassionate, or internationally sensitive criteria
• Applications from unlawful non-citizens without extraordinary circumstances

This is complex stuff, so you should always get legal advice regarding whether the Minister can intervene in your case or not. Do not automatically assume that you are eligible.

Processing Times and Fees for Ministerial Intervention

There is no application fee to apply directly to the Minister for intervention. According to the Department of Home Affairs, the average processing time for most requests is approximately 12 to 18 months, with some complex cases taking longer.

However, based on immediate humanitarian factors, some urgent requests may be prioritised. The overwhelming majority of applications for ministerial intervention ought to involve a detailed investigation and assessment of the asserted unique circumstances.

You can inquire about the status of your request at any time during the processing. There are no guarantees, however, so please be patient while the Minister thoroughly assesses your submission.

What is the success rate for a Ministerial Intervention application?

The overall success rate of requests for ministerial intervention is very low. The government does not publish exact figures. However, annual reports provide some indication of low numbers.

In 2020-21, for instance, the Minister received nearly 4,000 intervention requests; however, he approved only 311 cases. Note: These figures predate the September 2025 policy changes, which have further tightened eligibility criteria and are likely to have reduced success rates even further. No wonder the barrier to having a request granted is exceptionally high.

You should set expectations that no request automatically gets approved upon submission. You should put in the hard yards to demonstrate compelling grounds for why ministerial discretion is appropriate in your case.

Can you make a Minister Intervention request without an appeal?

The preferred approach is to apply for ministerial intervention only after your visa or citizenship has been refused and all available reviews or appeals have been exhausted. This indicates that you have not followed the proper legal channels to substantiate your claims and have therefore failed.

If so, however, the Minister still notes requests – albeit not through standard processes which have not yet been finalised. But forgoing appeals will significantly impair your ability to secure ministerial discretion. Intervention, therefore, is not intended to serve as a shortcut in these instances to circumvent the appropriate visa processes.

Considering the novelty of the process, neither the Minister nor the President wants to scuttle the appeals process at this stage. Direct applications to the Minister before all appeals are exhausted need, in theory, to be backed by extraordinary definitive reasons as to why urgent intervention is reasonable. This bar will rarely be reached.

Seeking Legal Assistance From Migration Lawyers

Making a ministerial intervention submission is a challenging task. The benefits of working with an experienced immigration lawyer can significantly improve your chances of success.

The lawyer will honestly inform you if there is a sound basis for applying for ministerial intervention. They can also prepare and present your submission to the Minister in a professional manner.

Properly documenting evidence of compassionate factors is one of them, as well as unique circumstances, and phrasing your request according to the Minister’s public interest factors.

An experienced immigration attorney will also navigate you through the drawn-out application procedure itself. Understanding the ropes is invaluable.

Seeking professional assistance demonstrates to the Minister that you take the matter seriously and provide evidence to justify why ministerial intervention is warranted. It indicates that your demand has a legal basis rather than a capricious or mistaken request.

Conclusion

The Minister for Immigration has expansive discretionary powers to intervene and modify specific conditions of a visa or citizenship matter where compelling reasons are present. However, they will only use these powers in genuinely exceptional circumstances that would merit special consideration, outside of standard eligibility requirements.

You have the burden to prove that there are circumstances that both exist and justify a waiver of the ordinary immigration criteria. You should demonstrate strong evidence of the compassionate factors and benefits to Australia.

Most requests for intervention are denied, which is as it should be, given the high threshold; however, intervention remains a vital avenue when traditional legal avenues have been exhausted. You should consider enlisting the services of an experienced immigration firm, such as Parish Patience Immigration Lawyers, to strengthen your application.

If your visa has been cancelled and you need to leave Australia, demonstrate that there are compelling and humane reasons for your case to be reviewed, and proceed with the expert services of an immigration law firm, such as Parish Patience.

Let our experienced legal team advise you on whether you have grounds for ministerial intervention and guide you through the application process. You may be able to remain in Australia, and our assistance will ensure you have the best chance of doing so.