How Do I Request Ministerial Intervention Under Section 351?
Learn how to request Ministerial Intervention under section 351 in Australia, including eligibility, compelling circumstances, public interest factors and the request process.
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How Do I Request Ministerial Intervention Under Section 351?
Ministerial intervention under section 351 of the Migration Act 1958 is an exceptional process that allows the Minister for Immigration to consider substituting a more favourable decision for certain decisions made by a review tribunal. It is not another form of merits review and does not provide an automatic right to have a visa refusal reconsidered. Ministerial intervention Australia requests are considered under specific guidelines and instructions, and only appropriate cases may be referred to the Minister.
If you have received an unfavourable decision after review, you may be wondering how to request ministerial intervention Australia. The first step is to determine whether your circumstances fall within the applicable ministerial intervention framework. Section 351 is discretionary, meaning the Minister is not required to intervene simply because a person has experienced a visa refusal or an unfavourable review decision.
A strong section 351 ministerial intervention request generally needs to explain why your individual circumstances are unusual or compelling and why a more favourable outcome may be in the public interest. Relevant considerations can include exceptional or compassionate circumstances, significant hardship, impacts on Australian family members, circumstances not adequately addressed by the legislation, or other factors identified in the applicable ministerial guidelines.
When Can Section 351 Ministerial Intervention Be Considered?
Section 351 is not intended to replace the normal visa application and review processes. Before considering a ministerial intervention request, it is important to understand what happened with your original visa application and any available review. Depending on the circumstances, a request may relate to a review decision and must satisfy the requirements of the current ministerial intervention instructions.
| Possible Consideration | What It May Involve |
|---|---|
| Compassionate circumstances | Serious and continuing hardship affecting the person or Australian family members. |
| Australian family circumstances | Significant consequences for Australian citizens or permanent residents and their family unit. |
| Exceptional circumstances | Circumstances that are unusual and may warrant consideration outside the ordinary process. |
| Unintended consequences | Situations where applying legislation produces an unusually unfair or unreasonable result in the particular case. |
| Other public interest factors | Other significant circumstances that may be relevant under the applicable ministerial instructions and guidelines. |
These circumstances do not automatically result in intervention. Each request is considered under the applicable framework, and the Department may first assess whether the request should be referred to the Minister.
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How to Request Ministerial Intervention in Australia
A ministerial intervention request should clearly identify the decision involved, explain the applicant's circumstances and provide relevant supporting evidence. The request should focus on the circumstances that make the case exceptional or otherwise relevant to the Ministerial Intervention framework rather than simply repeating arguments that were already considered during the original visa application or review.
Supporting documents can be particularly important. Depending on the circumstances, evidence may include medical or psychological information, evidence concerning Australian family members, children's circumstances, relationship evidence, financial or employment information, evidence of hardship, or other documents supporting the claims made in the request. The evidence should directly address why intervention may be appropriate.
The Department of Home Affairs provides official information about Ministerial Intervention under sections 351 and 501J. The applicable instructions and departmental assessment process can change, so applicants should use the current Department guidance when preparing a request.
Ministerial Intervention After ART or Visa Refusal
Ministerial intervention after ART may be relevant where an eligible review decision has been made and the person's circumstances potentially meet the applicable requirements. However, a request for section 351 ministerial intervention is not simply an appeal against the ART decision. The Minister's intervention power is discretionary and is exercised only in appropriate cases.
If your visa was refused and you have review rights, you should carefully check the refusal notification to determine whether you can seek review and the applicable deadline. A person should generally use available review rights rather than assuming that ministerial intervention is an alternative appeal mechanism. The Department of Home Affairs guidance explains that refusal notifications contain information about whether review rights are available.
Professional Help With a Section 351 Request
A ministerial intervention request can require careful presentation of complex personal circumstances and supporting evidence. Australian Immigration Consultants can help you understand the relevant process, assess the information available in your case and prepare a structured request where the circumstances appear appropriate. No request can guarantee that the Minister will intervene or substitute a more favourable decision.
Need Help With Ministerial Intervention?
Discuss your visa refusal, review decision and potential section 351 circumstances with Australian Immigration Consultants.
Frequently Asked Questions
1. What is ministerial intervention under section 351?
Section 351 of the Migration Act 1958 gives the Minister a discretionary power to substitute a more favourable decision for certain review decisions where the applicable requirements and ministerial intervention framework are satisfied.
2. Can I request ministerial intervention after an ART decision?
Potentially, yes. Certain ministerial intervention requests can relate to review decisions, but eligibility and assessment depend on the current ministerial instructions and the circumstances of the individual case.
3. Can I request ministerial intervention after a visa refusal?
A visa refusal does not automatically make a person eligible for ministerial intervention. Where review rights are available, the appropriate review process should be considered first. Ministerial intervention is an exceptional and discretionary process.
4. What circumstances may support a section 351 request?
Depending on the applicable guidelines, circumstances may include serious compassionate hardship, significant effects on Australian family members, exceptional circumstances, unintended consequences of legislation and other relevant public interest considerations.
5. Does ministerial intervention guarantee a visa?
No. Ministerial intervention is discretionary and there is no guarantee that a request will be referred to the Minister or that a more favourable decision will be substituted.
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