Ministerial Intervention Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Ministerial Intervention Services

Eligibility & Case Assessment

We assess if your case meets the Minister’s intervention guidelines after exhausting ART/Court appeals based on exceptional circumstances.

Compelling Submission Preparation

Our migration lawyers prepare strong submissions, highlighting compassionate grounds for Minister intervention.

Guidance on Intervention Requests

We offer expert guidance on lodging your Ministerial Intervention request, ensuring all necessary information is included.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully requesting a Ministerial Intervention.

What Our Happy Clients Say

Hear directly from our successful learners.

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What is Ministerial Intervention?

Ministerial Intervention is a discretionary power allowing the Minister for Immigration to personally intervene in a visa case, typically after all other appeal avenues (like the ART) are exhausted. It is considered a last resort.

The Minister is not legally obliged to consider requests and only intervenes in a small number of cases deemed in the “public interest,” often involving unique or exceptional compassionate circumstances. Preparing a compelling request that meets the Minister’s guidelines is therefore critical.

When Might the Minister Intervene?

For the Minister to consider intervention, you must typically have had a decision reviewed by the ART and be lawfully in Australia (e.g., on a Bridging Visa E). The Minister looks for cases with strong compassionate grounds or exceptional circumstances.

These can include situations causing irreversible harm to an Australian citizen/family, your age/health, or if legislation leads to unfair results in your case. Generally, only one request per applicant is considered, making comprehensive preparation essential.

Why Choose Moya Migration Law for Your Ministerial Intervention Request?

Ministerial Intervention is a complex, last-resort pathway. Moya Migration Law offers experienced legal guidance, a client-focused approach to highlight your unique circumstances, and strategic preparation of your request to the Minister.

Experience with Ministerial Intervention Guidelines

Our lawyers understand the Minister’s guidelines and the specific, exceptional circumstances required for a successful intervention request.

Client-Focused & Compassionate Case Building

We provide personalised support, meticulously detailing your unique compassionate or exceptional circumstances for the Minister’s consideration.

Strategic Submission Preparation

We develop tailored strategies to prepare compelling, evidence-based submissions, presenting your case in the best possible light for Ministerial review.

In-Depth Migration Act Knowledge

Our thorough understanding of the Migration Act and the Minister’s discretionary powers ensures your request is expertly prepared.

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Our 5-Step Ministerial Intervention Request Process

Seeking Ministerial Intervention is a critical last resort. Moya Migration Law provides a structured approach to assess your eligibility, prepare a compelling submission, and guide you through this discretionary process with expert care.

1

Initial Consultation & Eligibility Assessment

We review your ART/Court decision, assess if you meet lawful status and other prerequisites, and advise on the viability of a Ministerial Intervention request.

2

Identifying Compelling Grounds

Our team works with you to identify and articulate any unique, exceptional, or strong compassionate circumstances that meet the Minister’s guidelines.

3

Evidence Collation & Submission Drafting

We assist in gathering all relevant supporting evidence and meticulously draft a comprehensive submission detailing your case for intervention.

4

Formal Request Lodgement

We ensure your complete Ministerial Intervention request, with all evidence and submissions, is correctly prepared and lodged with the Department.

5

Post-Lodgement Guidance & Status

While the Minister’s decision is discretionary and timelines vary, we provide guidance on maintaining lawful status and advise on any communications received.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Ministerial Intervention Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides clients through the complex Ministerial Intervention request process. With over two decades in Australian migration law since 2002, Daniel offers expert strategic advice for these unique, discretionary matters.

Daniel is committed to meticulously preparing compelling submissions that highlight your exceptional circumstances for the Minister’s consideration. He understands the gravity of these requests and provides dedicated, empathetic support. Daniel also offers legal assistance in Spanish.

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15-Min Consultation

The Minister's Power: Section 351 (formerly s417)

The power for the Minister to intervene in most migration cases comes from Section 351 of the Migration Act 1958 (Cth). This section allows the Minister, if they believe it is in the public interest, to substitute a more favourable decision for a decision of the Administrative Review Tribunal (ART).

While Section 417 was previously a well-known source of this power, it has since been repealed from the Act. The powers it contained for AAT-reviewable decisions have essentially been incorporated into Section 351. Understanding this legislative change is crucial when preparing a request.

Intervention for Character Decisions: Section 501J

A separate power exists for specific character-related decisions. Section 501J of the Migration Act 1958 (Cth) allows the Minister to substitute a more favourable decision for a character-based refusal or cancellation made personally by the Minister (under sections like s501, s501A, or s501B).

This pathway is distinct from Section 351 as it applies to decisions that are often not reviewable by the ART. Like other intervention powers, it is non-delegable, non-compellable, and requires unique or exceptional circumstances to be considered.

Frequently Asked Questions about Ministerial Interventions

What is Ministerial Intervention in migration cases?

Ministerial Intervention is a “last resort” where the Minister for Immigration can personally intervene in a visa case, typically after all tribunal (e.g., ART) and court appeals are exhausted, if it’s deemed in the public interest.

When can I request Ministerial Intervention?

Generally, you can only request Ministerial Intervention after a decision has been made on your case by a merits review tribunal like the ART, and you have no other ongoing legal appeals.

Do I need to be in Australia to request Ministerial Intervention?

Yes, you must usually be lawfully present in Australia (e.g., holding a Bridging Visa) when making the request and throughout its processing, unless you are in immigration detention.

What kind of cases does the Minister consider for intervention?

The Minister typically considers cases with unique or exceptional circumstances, such as strong compassionate grounds (e.g., irreversible harm to an Australian citizen/family, applicant’s age/health), or if legislation leads to unfair results.

Is the Minister required to consider my request?

No, the Minister is not legally obliged to intervene or even consider every request. This power is discretionary, and only a small number of cases are successful each year.

How long does a Ministerial Intervention request take?

Processing times vary significantly depending on case complexity and Department workload, often taking 12-18 months or longer. There’s no standard timeframe.

Can I submit more than one Ministerial Intervention request?

Generally, the Minister will only consider one request. Repeat requests are considered only in very limited circumstances, such as a significant change in your situation raising new, substantive issues.

What happens if my Ministerial Intervention request is successful?

If successful, the Minister may grant you a visa or provide another favourable outcome that allows you to stay in Australia. The specific outcome depends on the case.

Why is legal assistance important for a Ministerial Intervention request?

Given it’s often a last chance with a low success rate, expert legal help is crucial to assess eligibility, prepare a compelling submission with all relevant evidence, and present your unique circumstances effectively to meet the Minister’s guidelines.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.