Ministerial Intervention in Australia
The Minister has powers that allow him to intervene to replace a decision of a merits review tribunal on a person’s case with a decision that is more favourable to that person when the Minister thinks it is in the public interest to do so. When the Minister intervenes to make a more favourable decision, this usually means he grants a visa. What is and what is not in the public interest is for the Minister to decide. The Minister has provided guidance on the types of unique and exceptional circumstances that could be brought to the Minister’s attention.The Minister is not legally bound to intervene or to consider intervening.
The Migration Act 1958 provides the Minister with non-delegable, non-compellable powers to intervene in individual cases. These are known as the ministerial intervention powers.If Migration Agents and Lawyers require assistance for Ministerial Intervention in a client’s matter, Discuss your Case with us today
Circumstances when Minister’s powers are not available
- When there is no review decision by a merits review tribunal
- A Minister has already intervened to grant a visa
- Tribunal has found that it does not have jurisdiction to review a decision
- Tribunal has found that the review application was made outside the time limits
- Tribunal has returned the case to the Department for further consideration and one of the decision-makers has made a subsequent decision on the case.
Alternative to Ministerial Intervention after unsuccessful outcome at the ART
RFI is generally issued for many applications where decision cannot be made by the Case Officer based on the available information. Of course, timing is critical. However, it is an opportunity to address Officer’s concerns to their full satisfaction.
While drafting all types of submissions, a careful approach needs to be taken. It is always good to structure your presentation of evidences through powerful submissions addressing each concern of the officer. This does not only need a good understanding of migration law and policies but also a strategic approach.
We at McKkr’s specialise in writing submissions and have assisted several Migration Agents and Lawyers in getting approvals of their clients’ applications from DOHA and favourable decisions from the ART and the Minister.