New Ministerial Intervention Policy Update

Recent Ministerial instructions have established updated requirements for those seeking the Minister for Immigration’s reconsideration of visa decisions. Members of the public should pay special attention to eligibility criteria, the correct submission procedures, and the Department’s process for reviewing applications under these new guidelines.

What is Ministerial Intervention?

Ministerial intervention is a personal and discretionary power of the Minister for Immigration, under sections 351 or 501J of the Migration Act 1958. This allows the Minister to override a decision made by the Administrative Appeals Tribunal or Administrative Review Tribunal and provide a more favourable visa outcome if it is considered to be in the public interest. Such intervention is infrequent and reserved for very limited, exceptional circumstances.

Latest Policy and Key Dates

On 17 September 2025, the Minister for Immigration released new Ministerial instructions that supersede the previous guidelines from 11 March 2016 and 4 September 2025. Under recent Personal Procedural Decisions, applications submitted before 12 April 2023 that are not included on a designated list will be finalised with no further Ministerial involvement. Requests lodged after 12 April 2023 may still be reviewed if they satisfy the criteria in the updated instructions or are specifically identified for further consideration.

Key Points of the New Ministerial Intervention Policy

• The new guidelines stress that Ministerial intervention is a non-compellable, discretionary power available only where the Minister personally considers intervention to be in the public interest, usually after a refusal is affirmed by the administrative tribunal. From 17 September 2025, all procedural and substantive intervention decisions must be made directly by the Minister - departments only conduct checks, collect evidence, and undertake a preliminary review.
• The updated policy lists specific situations where a request may be referred to the Minister. These include being the parent of an Australian citizen or permanent resident child, working in specified skilled occupations, caring for a person with significant disabilities, or meeting certain humanitarian needs etc. If a case does not fit these strict requirements, it is closed by the department and the applicant is informed of the outcome.
• The Department has refined procedures including document standards. Importantly, previous requests denied by officers under older guidelines may be resubmitted under the new standards if certain conditions are met.
   

Who Can Apply for Ministerial Intervention?

• Only individuals who have received an affirmed refusal from the administrative tribunal may apply.
• Applications must be lodged by the applicant or their authorised representative (such as a registered migration agent or legal practitioner), using forms specified.
   

How to Apply?

Applications for Ministerial Intervention must be made in writing and clearly identify everyone included in the request. The application must specify which section of Ministerial powers is being relied on and detail how the case meets one or more criteria in section 13 of the new instructions. Supporting documents should be provided as certified copies (not originals), and any document not in English must be accompanied by an accurate English translation - completed by a translator accredited by NAATI.

Minister's Assessment Criteria

A Ministerial Intervention request will only be sent to the Minister for review if the case meets one of the eligibility criteria set out in section 13 of the instructions. If a combined application is made, only family members who also have a tribunal review decision in their case can be included. The department will ask for additional supporting documents only after determining that the initial application meets the requirements for referral.

What Applicants Need to Know

• Applicants will receive written notification of their application outcome – either of the final outcome or if their request does not meet referral requirements.
• If a prior request was closed due to recent policy changes, a new application may be lodged and will be assessed according to the current Ministerial instructions.
• The Minister is not required to consider every request and does not have to reach a decision within a set timeframe - the decision to intervene is entirely at the Minister’s discretion.