The Migration Act 1958 gives the Minister discretion to intervene in your visa application and grant you the visa. Usually the Minister only intervenes if it is in public interest. The Act does not give any guidelines on public interest, it is for the Minister to decide.
You can apply for Minister Intervention, if AAT has refused your decision. The Act gives Minister the ultimate power to replace a decision made by the Tribunal.
The Minister does not have the legal obligation to intervene or have a look at your case. Most Minister Intervention applications are not even referred to the Minister, they The Minister has outlined the guidelines to decide the Minister Intervention applications. If your application does not follow the guidelines, then the department will reject itwithout being referred to the Minister. Therefore, it is imperative that your application follow the guidelines to maximise your chances of success.
When can you make the request:
Normally, you can request the Minister when received a decision from the Administrative Appeals Tribunal formerly known as the MRT. However, you cannot apply for the Ministerial Intervention, if following circumstances applies:
- If there is no decision made by the review Tribunal
- A Minister has previously intervened in your case and have granted you the visa before
- The Tribunal decided that it does not has the authority to review the given decision
- Review application to the Tribunal was made outside the prescribed time limits
For whatever reason, if your request is not accepted or it does not follow the guidelines or the Minister believes that it is not in public interest, then department will inform you in writing with reasons.
If your request is unsuccessful:
When you apply for Ministerial intervention, it is not part of the normal visa process. The department will inform you in writing of the outcome of the request. If the Minister decline to intervene in your case and if you do not hold any other visas, then you are expected to leave as soon as possible.
How to make request:
You or your authorised representative can write to the Minister to request ministerial intervention. To know more..