The Minister has powers under the Migration Act 1958 to intervene your case if 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 Immigration and Border Protection.
When will the Minister intervene?
Generally, the Minister of Immigration will only intervene cases that fall within unique or exceptional circumstances.
What is considered unique or exceptional circumstance?
The Minister will consider:
Whether there is strong compassionate circumstances that if left not recognised would result in ongoing and irreparable harm and hardship to an Australian citizen or permanent resident
Whether there is compassionate circumstances regarding your age, health or psychological state, that if not recognized would result in serious, ongoing and irreversible harm and continuing hardship
Whether the applicant will bring economical, scientific, cultural or any other relevant contribution to Australia
Whether 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
Whether there are circumstances beyond your control that stop you from returning to your country of citizenship or usual residence
How do I apply for Ministerial Intervention?
You or your lawyer may write to the Minister to request for Ministerial Intervention.
You need to explain your circumstances and why your circumstance is 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 in hand.