Ministerial Intervention Appeal
Ministerial Intervention is a discretionary power held by the Australian Minister for Home Affairs to personally intervene and make a decision in individual immigration cases that do not meet the standard criteria for a visa or have exceptional circumstances. This process allows the Minister to consider cases where compelling and compassionate reasons exist that warrant a visa grant, even if the applicant does not meet the usual visa requirements.
Key points about ministerial intervention:
- Exceptional Circumstances: Ministerial intervention is typically considered in cases where there are compelling or compassionate circumstances that justify granting a visa outside the regular criteria. These circumstances might involve issues such as health, family separation, public interest, or humanitarian concerns.
- Limited Discretion: The Minister’s power to intervene is discretionary and is exercised on a case-by-case basis. Not all cases will result in ministerial intervention, and the Minister’s decision is final and not subject to appeal.
- No Right of Appeal: Unlike other visa applications that go through administrative review processes, there is no formal appeal process for ministerial intervention decisions. The Minister’s decision is considered final, and there is no avenue for challenging the decision through legal or review channels.
- Types of Intervention: Ministerial intervention can take various forms, including granting a visa, waiving certain visa criteria, revoking visa cancellations, or allowing a person to remain in Australia temporarily.
- Application Process: If an individual believes they have exceptional circumstances that warrant ministerial intervention, they can submit a written request to the Minister for Home Affairs. The request should outline the reasons for the intervention and provide supporting documents.
- Legal Representation: Applicants seeking ministerial intervention may choose to have a legal representative assist them in preparing their submission. A well-documented and persuasive submission can improve the chances of a favorable outcome.
- Humanitarian Concerns: Ministerial intervention is often considered in cases involving humanitarian issues, such as preventing family separation, addressing medical or health issues, or protecting the best interests of children.
- Public Interest: Ministerial intervention may also be exercised if there are compelling public interest reasons for granting a visa, such as situations where the applicant contributes significantly to the community or national interest.