Exceptional requests for a more favourable migration outcome

Ministerial intervention may be available in limited migration cases after an unfavourable decision by the Administrative Review Tribunal. Under sections 351 and 501J of the Migration Act 1958, the Minister may personally substitute a more favourable decision where the Minister considers that doing so is in the public interest.

These powers are exceptional, personal and non-compellable. The Minister is not required to consider a request or to intervene, and a request does not itself create a right to a visa or guarantee that the matter will be referred to the Minister.

Is Ministerial Intervention Available?

Ministerial intervention is not a further merits review or a substitute for an ordinary visa application, ART review or judicial review. Whether a request can be made or referred depends on the relevant Tribunal decision, the person's immigration status and circumstances, any ongoing visa or review proceedings, and the Ministerial Instructions applying at the time.

The complete immigration history should be reviewed before a request is prepared. In some circumstances, another visa pathway, Court proceeding or status-resolution step may be more appropriate or may need urgent attention.

Exceptional Circumstances and the Public Interest

A request should clearly identify the applicable criteria in the current Ministerial Instructions and explain why the case warrants personal consideration. Depending on the circumstances, relevant material may include compelling or compassionate circumstances, the impact on children or family members, serious harm or hardship, strong ties and contribution to the Australian community, circumstances beyond the person's control, or Australia's international obligations.

The supporting evidence may include medical or expert reports, identity and immigration records, evidence concerning children and family relationships, community and employer support, financial or hardship documents, country information, statutory declarations and a detailed personal statement.

How We Can Help

◆ Reviewing the immigration history, Department and Tribunal decisions and current status

◆ Assessing whether a request may meet the applicable Ministerial Instructions

◆ Identifying the exceptional circumstances, public interest considerations and evidence required

◆ Preparing a detailed chronology, personal statements, supporting material and legal submissions

◆ Lodging the request, responding to further enquiries and providing material updates

◆ Advising on visa status, departure obligations and any separate review or Court options

Realistic Advice About an Exceptional Process

Ministerial intervention is discretionary and outcomes cannot be guaranteed. A carefully prepared request should be accurate, complete and supported by evidence, while also addressing any adverse immigration history, character concerns or previous findings. We provide a realistic assessment of whether the process is available and how the case should be presented.