If the Administrative Appeals Tribunal (AAT) affirms the decision that your visa application should be refused, it may be possible to apply directly to the Minister of Home Affairs to intervene in your case. If the Minister decides to intervene, he/she has the ability to grant the visa as they see fit.
The Minister has powers under the Migration Act 1958 to replace a decision of a merits review tribunal on a person’s case with a decision that is more favourable to that person if the Minister thinks it is in the public interest to do so.
You should not assume that your request for ministerial intervention will be referred to the Minister. The Minister does not have to look at your case and does not have to intervene. Most requests are finalised by the Department in accordance with the Minister’s guidelines. Only a small number of requests are referred to the Minister.
Consultation
1Meet your Registered Migration Agent
Preparation
3Requests
Engagement
5Information Gathering
Lodgement
7
8Decision
