Your Australian Dream Deserves the Right Support

Ministerial Intervention is a last resort — but sometimes it's the most important option available. Ministerial Intervention refers to the discretionary power of the Minister for Immigration to substitute a more favorable decision for one made by a review tribunal, such as the Administrative Appeals Tribunal (AAT), if it is deemed in the public interest. This authority is outlined in sections 351, 417, and 501J of the Migration Act 1958.

The Administrative Review Tribunal has broad powers to review migration decisions — here's what it can look at:

• Visa Refusals: Decisions to refuse the grant of a visa.
• Visa Cancellations: Decisions to cancel an existing visa.
• Character-Related Decisions: Refusals or cancellations based on character grounds.
• Citizenship Decisions: Refusals of applications for Australian citizenship or cancellations of citizenship.

Not all decisions are reviewable; it's essential to verify whether your specific decision qualifies for review.

The process includes:

1. Filing a Notice of Appeal: Submit the appropriate form detailing grounds for appeal.
2. Preparing the Appeal Book: Compile relevant documents and transcripts.
3. Written Submissions: Outline legal arguments supporting the appeal.
4. Hearing: Present oral arguments before the court.
5. Judgment: Await the court's decision, which may affirm, vary, or overturn the original decision.

We'll always be honest with you about this. The success rate for Ministerial Intervention requests is generally low, as the Minister exercises this power sparingly and only in cases with compelling and exceptional circumstances. It's crucial to present a well-prepared submission with strong supporting evidence to enhance the chances of a favorable outcome.

Here's what can happen after your ART hearing — there are several possible outcomes:

• Affirm: Agree with the original decision, leaving it unchanged.
• Vary: Modify aspects of the original decision.
• Set Aside: Overturn the original decision and substitute a new one.
• Remit: Send the matter back to the original decision-maker for reconsideration with specific instructions.

Each outcome depends on the merits of the case and the evidence presented.

If dismissed, the original decision stands. Further options may include:

• Appealing to the High Court: Requires special leave and is granted only in limited cases involving significant legal questions.
• Ministerial Intervention: Requesting the Minister for Immigration to exercise discretionary powers, though this is rare and subject to strict criteria.

Consult your legal advisor to explore available avenues.