Ministerial Intervention

Overview of Ministerial Intervention

Ministerial Intervention is a special discretionary power where the Minister for Immigration may grant a visa despite an adverse decision by a merits review tribunal. The Minister can replace a tribunal’s decision with a more favorable one if it is deemed in the public interest. This power is personal to the Minister and cannot be delegated or compelled. Requests for intervention are not part of the standard visa application process and are considered only after a tribunal decision.

Legislative basis and powers

The Minister’s powers come from sections 351 and 501J of the Migration Act 1958. Although section 417 was repealed, the Minister can still exercise intervention powers under section 351, including cases previously covered by section 417. The Minister’s intervention decisions are final and not subject to automatic review.

Personal Procedural Decisions (PPDs)

On 4 September 2025, the Minister issued Personal Procedural Decisions under sections 351 and 501J, setting criteria for which requests will be personally considered. Requests lodged before 12 April 2023 or not meeting criteria may be finalized by the Department without Ministerial consideration. New requests can be made and will be assessed against updated Ministerial Instructions.

When you can make a request

You can request Ministerial Intervention only if you have a decision from the Administrative Review Tribunal or Administrative Appeals Tribunal. The Minister’s powers do not apply if there is no tribunal decision, if the Minister has already intervened, if a court has quashed the decision, or if the tribunal has returned the case for reconsideration and a new decision has been made.

Who can make a request

You or your authorised representative can submit a request. Without your authority, the Department will not communicate with third parties. Authorised representatives must complete the appropriate forms (Form 956 or Form 956A).

Including family members

Family members can only be included in a request if they also have a merits review tribunal decision.

Criteria for referral

Requests are assessed against criteria outlined in section 13 of the Ministerial Instructions. Only requests meeting these criteria will be referred to the Minister for consideration.

How to make a request

Requests must be made in writing, either online via the Contact the Minister form or by post to the Minister for Immigration and Citizenship at Parliament House, Canberra. The request must clearly identify who is included, specify the intervention powers relied upon, reference the tribunal decision, state the relevant section 13 criteria, and provide all supporting information.

Providing certified documents

Certified copies of supporting documents should be provided with the request. Certification must be done by authorised persons such as magistrates, Justices of the Peace, solicitors, or other listed officials. Documents not in English must be accompanied by accredited English translations.

Additional information and actions

If your request meets referral criteria, you may be asked to provide further information such as health examinations, police clearances, or proof of family member citizenship within a specified timeframe.

Important notes

Do not send electronic devices (USBs, CDs) as they will not be accessed and will be returned. The Minister is not obliged to consider all requests, and there are no guaranteed timeframes for decisions.