The Immigration Minister has limited (limited) power to issue visas. The limitation is that the Minister can only intervene after your consideration (and refused) by the Migration Review Tribunal or the Refugee Review Tribunal.
In return for the refusal of the tribunal, the minister has the power to give you a visa. If the minister intervenes in the visa, then there is often no tourist visa. Its purpose is to give you legal status in Australia so that you can apply for your desired visa. If this happens, you still have to fulfill all the rules of that visa.
If you are deciding to make requests for ministerial intervention, then seek legal advice from expert migration agent in Perth.
Our initial guide for ministerial interventions is given here.
- The ministers will only intervene in different and extraordinary circumstances. Each case is decided on its merit. To maximize the chances of success, applicants need to show that without a ministerial intervention, Australian citizens or Australian families will have serious, ongoing and irreversible losses. The minister will also consider cases where the intervention is in the public interest. In addition, there may be compassionate circumstances in relation to the applicant’s age or health, which results in serious difficulty without the recognition by the Minister.
- Ministerial involvement is exceptional.
- Ministers are not obliged to consider the application for intervention. Many applications never interfere with the minister for intervention because immigration officials refuse the application.
- The minister will not determine the same case twice.
- While applying for intervention, it is important to take advice and to prepare a very real submission to the minister, as well as all supporting evidence attached. What can be the type of supporting evidence? This case matters varies. If the argument is that the applicant is of old age and cannot return to his home country due to his ill health, then the reports of medical experts will be necessary, and potentially it is also possible to know why medical treatment is available in the home country of the applicants. Not there.
- Usually, an applicant should have a valid visa. The minister is unlikely to consider applications for intervention from “illegal non-citizens”, that is, those who do not keep the visa (or never held) from those people. Applicants who do not have a valid visa should get legal advice whether or not it is possible to obtain a bridging visa.
- Before considering ministerial intervention, the decision on the visa application has to be decided, and the qualification review of that decision will also be done. So if the visa application has been rejected, but the review of the Administrative Appeal Tribunal is still available, the minister will not interfere.
- It is possible to include family members in the application.
- If the Minister appoints the applicant before leaving the country, then the immigration department will finalize the application – that is, the minister will not deal with this issue and the application will fail.
- If the minister decides to intervene, then this usually means that a visa will be given.
If you need help applying for ministerial intervention, contact Migration agents in Perth, WA as soon as possible. We will assess the matter of urgency in your case, will determine which helpful evidence you need, and advise you about the potential for success. If we believe that it is possible for the Minister to intervene in your case, then we will prepare and submit the application for you, and till the matter is decided in your case, it will be with the department.