Ministerial Intervention
When all other avenues are exhausted.
Ministerial intervention is a last-resort option available in some immigration cases. Under sections 351 and 501J of the Migration Act, the Minister for Immigration has the personal, non-compellable power to substitute a more favourable decision — the former section 417 power was repealed in 2025. This is a discretionary power — the Minister is not obliged to consider any request — but a compelling submission can make a significant difference.
Ministerial intervention requests are assessed against the Minister's current published instructions (see below). The circumstances that carry weight include strong compassionate factors, significant hardship to Australian citizens or permanent residents (particularly children), Australia's international obligations, and strong ties to the Australian community.
On 17 September 2025, Minister Tony Burke issued new Ministerial Instructions under s351 and s501J of the Migration Act, replacing the 2016 guidelines. These instructions introduced ten specific criteria in Section 13 — the only grounds on which a request will now be referred to the Minister. Departmental discretion to identify 'unique or exceptional circumstances' has been removed entirely. Every submission I prepare is now structured around these criteria. If your case does not engage one of the ten criteria, it will not be referred. I assess every case against the current instructions before advising whether to proceed.
I have prepared hundreds of ministerial intervention requests over my career. While the success rate is modest (the Minister intervenes in a relatively small percentage of cases), a professionally prepared submission that identifies the strongest compassionate grounds significantly improves your prospects.
What I do
- Assess whether your case meets the criteria for ministerial intervention under the current guidelines
- Identify the strongest compassionate and unique circumstances in your case
- Prepare a compelling submission addressing the ministerial guidelines point by point
- Gather supporting evidence including character references, community ties, and family impact statements
- Lodge the submission and manage any follow-up correspondence with the Minister's office
- Advise on timing and strategy, including whether to request intervention before or after other appeal options