AAT Appeal Failed? You May Seek Ministerial Intervention!

The Minister has powers under the Migration Act 1958 to intervene your case if the Minister thinks it is in the public interest to do so.

Prior to seeking Ministerial Intervention, you must have received the decision from the AAT and the Department of Home Affairs. You should not assume that your request for ministerial intervention will be referred to the Minister. The Minister does not have to look at your case and does not have to intervene. Most requests are finalised by the Department in accordance with the Minister’s guidelines. Only a small number of requests are referred to the Minister.

1. When will the Minister intervene? 

Generally, the Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs will only intervene cases that fall within unique or exceptional circumstances.

2. What is consider unique or exceptional circumstanc for the Minister to intervene?

The Minister will consider the following including but not limited to whether:

• there are strong compassionate circumstances that if not recognised would cause serious, ongoing and irreparable harm and hardship to an Australian citizen or permanent resident
• there are compassionate circumstances regarding your age, health and/or psychological state, that if not recognized would result in serious, ongoing and irreversible harm and continuing hardship
• the applicant will bring exceptional economical, scientific, cultural or other relevant contribution to Australia
• there are circumstances not anticipated by legislation; or unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case
• there are circumstances beyond your control that stop you from returning to your country of citizenship or usual residence

3. How do I apply for Ministerial Intervention?  

You or your lawyer may write to the Minister to request for Ministerial Intervention.

You need to clearly detail your circumstances and explain why you consider your circumstance to be unique or exceptional.

You must include all relevant document as the Minister is not obliged to request further information from you and will generally make an assessment based on the documents you provide when you put in your application.

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