Ministerial Intervention provides certain persons whose visa applications have been refused and who were unsuccessful at the review tribunals an opportunity to request that the Minister personally intervene and either grant the visa or make a more favourable decision than the initial refusal.
The basis for the Minister intervening is “the public interest” of Australia. That is, if the Minster believes that, based on the facts and evidence of the case, approving a visa application would be in the public interest of Australia, the minister has the ability to do so. It is important to note that Ministerial Intervention is generally only available to those applicants who have been unsuccessful at the Administrative Appeals Tribunal (AAT).
Ministerial Intervention gives the Minister the ability to take a fresh look at a visa refusal decision from a “humanitarian” perspective. This typically considers larger-picture issues such as the interests of the public at large, the interests of the nation, and other interests such as economic, trade, or cultural interests.
The Process of Applying for Ministerial Intervention
A key element of your application for Ministerial Intervention is the preparation of your submission package to the Minister. We will work with you to prepare a complete submission package that focuses on the compelling details of your personal situation and the public interest arguments why you should be granted an Australian visa.
We will also research previous legal cases that may be similar to yours and establish whether it may be prudent to include them as supporting references to your case.
Your visa status: Persons who apply for Ministerial Intervention may apply for a Bridging E visa, under which it is possible to obtain the right to work if a compelling need to work is established as part of the application. As part of the Ministerial Intervention application package, we will work with you to prepare your Bridging Visa application and submission package, and upon your request, a submission requesting work rights and documenting your need to work while you hold your Bridging Visa.
If your visa refusal review has been declined by the AAT, there are strict time limits on how long you may remain in Australia if you do not file your request for Ministerial Intervention or appeal your case to the judicial system. Contact us immediately if you are interested in exploring your options for Ministerial Intervention. Even if your case is still awaiting tribunal review, we can advise you of your options, your time limits, and how we can create and file your request for Ministerial Intervention should you choose to take advantage of this option should your tribunal review be unsuccessful.
To start the process of your migration to Australia and get answers to your migration questions, schedule your private consultation with migration lawyer Mark Northam today by Skype, phone, or at our offices in Sydney.