If your visa application has been affirmed unsuccessful by the Administrative Appeals Tribunal (AAT), you can request Ministerial Intervention.
Ministerial Intervention is a process where the Minister for Immigration can intervene in your case when the Minister thinks it is in the public interest to do so.
Please note that Ministerial intervention is discretionary, the minister is not obliged to intervene in any case.
Unlike the Department of Home Affairs and the AAT, the Minister of Immigration is not bound by the rules and regulations of a visa and he can substitute a decision that has been made by the Administrative Appeals Tribunal (AAT), with a more favourable decision. However, only a small number of all requests for ministerial intervention are successful. If the Minister does not intervene in your case, the Minister expects you to leave Australia prior to the expiry of your current visa.
The Minister is most likely to exercise a discretionary power where:
The minister cannot exercise discretionary powers where:
A request for Ministerial Intervention is a specialised area of work that requires a detailed submission and specific documentation to support any compelling, unique or exceptional circumstances in which a case might be referred for the Minister’s consideration. If you have received a decision by a review tribunal and whish to request Ministerial Intervention we invite you to book a consultation with one of our expert migration lawyers.