Ministerial Intervention Section 351

Struggling after a failed ART appeal? Learn how Ministerial Intervention under Section 351 works, who qualifies, recent Home Affairs changes, and key limitations. Get expert guidance from Australian Immigration Consultants to assess your case today.

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When your Administrative Review Tribunal (ART) appeal has been dismissed and every formal avenue is exhausted, Ministerial Intervention under Section 351 of the Migration Act 1958 may be your final option to remain in Australia. This guide explains how section 351 works, who can apply, and what's changed under the Department of Home Affairs' latest instructions.

What Is Ministerial Intervention Under Section 351?

Section 351 gives the Minister for Home Affairs a personal, non-delegable power to substitute a more favourable decision than one made by the ART, where the Minister considers it in the public interest to do so. It exists to address cases where the strict application of migration law produces harsh or unintended outcomes — such as strong humanitarian circumstances, family separation, or other compelling factors the Tribunal couldn't take into account.

How Section 351 Differs From Other Ministerial Powers

Section 351 is one of several related "public interest" powers, and it's easy to confuse them:

Section 351 — applies to decisions reviewed by the ART's Migration and Refugee Division generally
Section 501J — applies specifically to protection visa refusals or cancellations on character grounds
Section 48B — allows a further protection visa application where significant new information has emerged
Section 46A — allows an unlawful non-citizen to make a valid visa application despite a bar

Who Can Request Ministerial Intervention?

To be eligible, you generally must:

Have had your case reviewed and finalised by the ART (or the former AAT)
Have received an unfavourable outcome from that review
Be in Australia at the time of the request, in most circumstances
Present unique, exceptional, or compelling circumstances not adequately addressed during the tribunal process

What's Changed: The 2025–2026 Ministerial Instructions

On 4 September 2025, the Minister issued new instructions governing how requests under sections 351 and 501J are assessed, later refined by further updates. Key changes include:

Departmental officers can no longer independently initiate a referral or assess "unique and exceptional circumstances" — they must apply clearly defined referral criteria set by the Minister
Requests lodged on or before 11 April 2023 generally won't be considered unless covered by a Personal Procedural Decision (PPD)
The framework responds to the High Court's Davis decision, which found the Department's prior discretionary referral practice invalid, leaving a large backlog of unresolved requests

Ministerial Intervention Powers at a Glance
Provision	Applies To	Who Can Request
Section 351	General ART merits review decisions	Applicants with a finalised, unfavourable ART outcome
Section 501J	Protection visa refusal/cancellation (character)	Protection visa applicants refused on character grounds
Section 48B	Further protection visa applications	Applicants with significant new claims
Section 46A	Bar on further valid applications	Unlawful non-citizens seeking to lodge a new application

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Important Limitations to Understand

Ministerial Intervention is entirely discretionary and comes with real constraints:

The Minister is under no legal obligation to consider any request, and this decision is non-compellable
A decision not to intervene is not merits- or judicial-reviewable
Requesting intervention does not automatically extend or renew a Bridging Visa — a separate bridging visa application is usually required to remain lawful while your request is assessed
You may lodge more than one request, but the Minister will generally only personally reconsider a case if significant new information is presented

Facing removal after an unsuccessful ART appeal?

Contact Australian Immigration Consultants today to find out if a Ministerial Intervention request under section 351 could apply to you.

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How Australian Immigration Consultants Can Help

Because Ministerial Intervention requests are rarely granted and cannot be appealed, presentation matters enormously. Australian Immigration Consultants helps applicants:

Assess whether your circumstances genuinely meet the Department's referral criteria before you apply
Prepare a compelling, well-evidenced submission addressing humanitarian, family, or compelling public-interest factors
Manage your bridging visa status correctly while the request is pending
Advise on realistic timeframes and alternative pathways where intervention isn't the right fit

Frequently Asked Questions

Is Ministerial Intervention a legal right? No — it is entirely at the Minister's discretion, with no right of review.

Can I apply if I haven't been to the ART yet? Generally no; you must have a finalised, unfavourable ART outcome first.

How long does a decision take? Processing varies significantly and can take many months given current caseload volumes.