Ministerial Intervention

If an application is rejected by the Department of Home Affairs, the appeal AAT fails again and the Minister of Immigration can be asked to intervene. If the Minister agrees to intervene, the applicant will generally be able to obtain the relevant visa. The Ministerial Intervention, together with the initial review of the Immigration Service, the review of the Review Office and the appeals of the Federal Court, constitutes Australia’s complete immigration law system, reflecting the fairness of the Australian immigration law. Among them, the Department of Immigration and the Review Office focus on the legal requirements to determine whether an application meets the requirements, and the Federal Court is responsible for judging whether the method of the Immigration and Review Office is legal, and the Minister of Immigration may consider approving a humanitarian Application, although this application is unqualified from the perspective of immigration law.

The success rate of ministerial intervention is not high. The Minister only intervenes in cases that are considered urgently in need of care. Extremely difficult often refers to the guarantor in the application rather than the visa applicant because the guarantor is an Australian resident and the visa applicant is a foreigner.

Here are the basic procedures for “Ministerial Intervention”:

  1. Nature – “Request” intervention (not an immigration application)
  2. Application fee – no
  3. Eligibility – Only after the failure of the appeal AAT is eligible to request ministerial intervention
  4. Trial period – 3-6 months
  5. Visa – Applicants may apply for a bridge “E” visa while waiting for the Minister to intervene in the outcome of the trial.