Appeals & Reviews

 

How to ask the Australian immigration minister for a visa

If you have received a negative decision from the Administrative Appeals Tribunal or a Court (such as the Federal Circuit Court, Federal Court or High Court), you may be able to ask the Immigration Minister to let you stay in Australia.

The Minister may consider letting you stay in Australia in certain unique or exceptional circumstances. You will also need to address numerous other matters in your request, which is known as a Request for Ministerial intervention.

The Minister has made it clear that he will only consider one request for Ministerial intervention from any applicant. Second or repeat requests are only considered in very limited circumstances. This means that it is critical for an applicant to include all relevant evidence and submissions with their request for Ministerial intervention. We strongly recommend that you obtain expert advice and representation in order to maximise your chances of success in seeking Ministerial intervention, particularly as the Minister refuses these requests more often than not. You can apply for Ministerial Intervention if you have a visa refused by the Administrative Appeals Tribunal, have no other legal avenue and have no other legal appeals ongoing.

An application to the Minister might be your last – or best – option. Our experienced immigration lawyers can advise you on whether it is a good idea to lodge a request with the Minister. Beyond that, we can assist with collating and presenting evidence and in drafting expert legal submissions which explain why you should be allowed to remain in Australia. In the past we have been successful in convincing the Minister to allow people to stay in Australia where their cases contain unique and exceptional circumstances.

What are unique and exceptional circumstances that the Minister will consider?
  • Strong compassionate circumstances that, if not recognised, would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit (where at least one member of the family is an Australian citizen or Australian permanent resident).
  • Compassionate circumstances regarding your age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship.
  • Australia’s obligations under the Convention on the Rights of the Child. Would your removal from Australia not be in the best interests of a child?
  • Exceptional economic, scientific, cultural or other benefits that would result from you being permitted to remain in Australia.
  • Circumstances not anticipated by relevant legislation.
  • Clearly unintended consequences of legislation.
  • The application of relevant legislation leads to unfair or unreasonable results in your case.
  • You cannot be returned to your country of citizenship due to circumstances outside your control.

 

When will the Minister consider a request?
  • The Minister does not have to consider whether or not to intervene in your case.
  • The Minister only intervenes in a small number of cases each year.
  • The Minister’s decision cannot be reviewed or appealed.
  • The Minister will not consider requests which raise claims only relating to Australia’s protection obligations.
  • You should be lawful when making a request to the Minister. That is, you should hold or apply for a Bridging Visa. However, people in detention can make a request to the Minister. If you do not have a visa, please seek our assistant to ensure you become lawful.
  • Second or repeat requests to the Minister are only considered in very limited circumstances.
  • A request for Ministerial Intervention is usually a last effort to stay in Australia, it is imperative you seek legal advice to do it right.

 

Contact your immigration lawyer immediately

The next steps are to ensure that you have carefully put forward the best possible Request for Ministerial Intervention.

Craddock Murray Neumann Lawyers have more than 30 years’ experience in applying for protection, refugee and humanitarian visas on behalf of asylum seekers and refugees. We have extensive knowledge and professional immigration lawyers who can assist your family in coming to Australia and assist with putting forward the best possible visa application for your family. If you have been refused a visa, and appealed to the AAT and still not obtained a visa grant, you may want to consider lodging a Request for Ministerial Intervention.


This page provides a summary of immigration law as at September 2021. Australian immigration law is complex and changes frequently, and the law may have been changed since this blog was drafted. Please Contact us to schedule a consultation with one of our experienced immigration lawyers.

Convincing the Minister of Immigration to grant you a visa is a difficult task. There are certain guidelines that must be followed before the Minister will consider intervening and granting you or your family a visa. It is important that you follow the guidelines and put the most persuasive case forward so that the decision can be justified and a visa can be granted in your favour.