Ministerial Intervention: Your Final Shot at Success

Look, if you are reading this, you have probably already been through the tribunal. You lost. And now someone has mentioned ministerial intervention as a possibility.

I need to be honest with you: this is not a backup plan. This is the last resort. The success rate sits below 10%. The process takes over a year. And here is the part most people do not understand: the Minister is under no obligation to even look at your request.

But for some people, it is the only option left. So let me explain exactly how this works.

What Has to Happen Before You Can Request Intervention

You Need a Tribunal Decision First

The Minister cannot step in until you have been through the Administrative Review Tribunal. That is the rule. No exceptions.

If you have received an unfavourable tribunal decision, ministerial intervention becomes available. Not before. If your tribunal case is still running, focus on that.

You Must Be Lawfully in Australia

This catches people out. You need to be lawful when you make the request and while it is being processed. If your visa has expired, you need to fix that first. Usually that means a Bridging Visa E.

The Minister will not intervene for unlawful non-citizens. That is not negotiable.

When the Minister Might Actually Intervene

The guidelines are specific. The Minister looks for unique and exceptional circumstances. Here is what qualifies:

• Serious hardship to Australians: If refusing you would cause ongoing, irreversible harm to an Australian citizen or permanent resident. Think dependent family members who cannot cope without you.

• Health or psychological circumstances: Serious medical or mental health issues where removal would cause significant harm. You need strong medical evidence for this.

• National benefit: Exceptional economic, scientific, or cultural contribution to Australia. And I mean exceptional. Not just "I have a good job."

• Unintended consequences: Where the law produces an outcome that clearly was not intended. These cases are rare.

• Inability to return: Circumstances outside your control that genuinely prevent you from going back to your home country.

These are high bars. "I have been here a long time" is not enough. "I have Australian friends" is not enough. You need something extraordinary.

When the Minister Will Not Intervene

The guidelines also list automatic disqualifiers. If any of these apply, do not waste your time:

• You are unlawful and stay unlawful during the process

• You refuse to cooperate with getting travel documents

• You failed a fraud-related Public Interest Criterion

• Your visa was cancelled for breaching conditions

• Your visa was refused on character grounds (unless you face real risk of harm at home)

• ASIO has issued an Adverse Security Assessment against you

• You have another visa application, review, or intervention request pending

That last one is important. You cannot have multiple things running at once. One request at a time.

What the Process Looks Like

Expect 12 to 18 months. Sometimes longer. I have seen cases drag on for two years.

Your request needs to be comprehensive. This is not a one-page letter. You need:

• New information about protection claims if that is relevant to your case

• Medical, psychiatric, and psychological evidence from qualified professionals

• Character references and proof of community ties

• A detailed statutory declaration explaining exactly why the Minister should intervene

If successful, you may be granted a visa under section 351, or permission to re-apply for a Protection visa under section 48B. But getting to that point takes meticulous preparation.

Is This the Right Path for You?

Ministerial intervention is not a strategy. It is what you do when there is nothing else left. The odds are not in your favour. Most requests fail.

But for some people, it is the only door still open. If you have exhausted your tribunal options and believe you have genuinely exceptional circumstances, book a consultation. I will tell you straight whether your case has a realistic chance or whether you would be wasting 18 months on something that will not succeed.