The Migration Act 1958 contains a number of provisions that allow the Minister to intervene in matters relating to migration. These powers are known as ministerial intervention or ministerial discretion and can be found in sections 351, 417 and 501J of the act.
Ministerial intervention grants the Minister broad powers to make decisions on visa applications outside of normal criteria. This allows them to consider cases that may fall outside existing guidelines and consider public interest considerations. The types of decisions that can be made include:
- Granting visas on humanitarian grounds.
- Waiving certain requirements such as health checks or character tests.
- Extending an existing visa where conditions have changed since it was granted.
What is Ministerial Intervention?
Ministerial Intervention is a process by which the Minister for Home Affairs can use their discretion to grant immigration visas or other forms of immigration status to individuals who cannot obtain these visas or statuses through normal channels. This is a rare and exceptional process and is only used in cases with compelling reasons for the Minister to intervene.
How does Ministerial Intervention work?
Ministerial Intervention is a discretionary process, which means that the Minister for Home Affairs has complete discretion over whether or not to grant immigration visas or other forms of immigration status to individuals who have requested this assistance. The Minister will consider a range of factors when deciding whether or not to grant Ministerial Intervention, including the individual’s circumstances, the nature of the immigration issue, and the public interest.
To be eligible for Ministerial Intervention, individuals must demonstrate that they have exhausted all other available avenues for resolving their immigration issues. They must also provide comprehensive documentation and evidence supporting their case, including information about their circumstances and why they cannot resolve their immigration issues through normal channels.
How can I request Ministerial Intervention?
If you are facing an immigration issue that cannot be resolved through normal channels, you may be eligible to request Ministerial Intervention. To do so, you must contact the Status Resolution Service and provide them with all the relevant information and documentation related to your case.
The Status Resolution Service will assess your case and determine whether you can request Ministerial Intervention. If you are eligible, the Service will provide you with the necessary forms and instructions for making a request for Ministerial Intervention.
What happens after I make a request for Ministerial Intervention?
After you have requested Ministerial Intervention, the Minister for Home Affairs will review your case and consider the information and evidence you have provided. The Minister may request additional information or evidence, and they may also seek the advice of other departments or agencies before deciding on your case.
If the Minister decides to grant Ministerial Intervention, they will issue a decision that outlines the conditions under which you will be granted your immigration visa or status. The Minister may also attach conditions to the decision, such as requiring you to comply with specific requirements or restrictions.
Benefits of Ministerial Intervention
Ministerial Intervention can provide several benefits for individuals who are facing immigration issues. These benefits include:
- A resolution to complex immigration issues that cannot be resolved through normal channels
- A faster resolution to immigration issues, as the Minister has the authority to make decisions more quickly than other departments or agencies
- Increased flexibility, as the Minister has the discretion to grant visas or statuses that may not be available through normal channels
- The opportunity to present a compelling case and provide additional information or evidence that may not be considered through normal channels
Factors that may influence a Ministerial Intervention decision
When considering a request for Ministerial Intervention, the Minister for Home Affairs will consider several factors, including:
- The individual’s circumstances and the reasons why they are unable to resolve their immigration issues through normal channels
- The nature of the immigration issue and the impact that it may have on the individual and their family
- The public interest and the potential impact of the decision on Australia’s immigration policies and procedures
- The individual’s compliance with Australia’s immigration laws and regulations
Supporting documentation for a Ministerial Intervention request
In order to have the best chance of success with a request for Ministerial Intervention, it is important to provide comprehensive and compelling documentation and evidence that supports your case. This may include:
- Evidence of the individual’s circumstances, such as proof of residency, work history, and family ties in Australia
- Evidence of the reasons why the individual is unable to resolve their immigration issues through normal channels, such as letters from government agencies or legal representatives
- Evidence of the individual’s compliance with Australia’s immigration laws and regulations, such as proof of payment of fines or compliance with conditions attached to previous visas or statuses
- Any other relevant information or evidence that supports the individual’s case
Seeking professional assistance with a Ministerial Intervention request
Navigating the complex process of Ministerial Intervention can be challenging, especially for individuals who are already facing immigration issues. If you are considering a request for Ministerial Intervention, it is highly recommended that you seek the assistance of a professional immigration lawyer or consultant. These professionals can help you understand the process, gather and prepare the necessary documentation and evidence, and represent you throughout the Ministerial Intervention process.
In conclusion, Ministerial Intervention can be a valuable tool for resolving complex immigration issues and helping individuals obtain the visas or statuses they need to stay in Australia. By understanding the process, preparing a compelling case, and seeking professional assistance, you can increase your chances of success with a Ministerial Intervention request.
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