DHA website info: https://immi.homeaffairs.gov.au/what-we-do/status-resolution-service/ministerial-intervention

Ministerial Intervention under sections 351 and 501J is a process where the Australian immigration minister may consider granting a visa:

• A person has a decision from a review tribunal before the minister can exercise Ministerial Intervention.
• The minister is not required to consider a request and is not bound by any timeframes.
• Only requests that meet the instructions will be referred to the minister. Current MI instructions as of 18/12/2025: https://immi.homeaffairs.gov.au/refugee-and-humanitarian/Pages/Ref-and-hum-program/documents/ministerial-Instructions-351-501J.pdf - These instructions apply to a request for a Minister to exercise the intervention powers under the Migration Act 1958 in relation to a review decision where the request is made on or after 17 September 2025.

review decision means:

• a decision made on or after the transition time under:
• section 105 of the Administrative Review Tribunal Act 2024; or
• section 349 or 368C of the Act; or
• a decision made before the transition time by the Administrative Appeals Tribunal under section 349 or 415 of the Act as it then stood; or
• a decision made before the transition time that was an AAT protection visa decision, as defined in section 501J of the Act as it then stood.

 

The intervention powers allow the Minister to intervene in relation to a review decision by substituting a decision that is more favourable to an individual, if the Minister thinks it is in the public interest to do so.
What is and what is not in the public interest is for the Minister to determine.

If an individual has an onshore visa pathway available to them, it is generally not appropriate for a Minister to consider a request

If the individual who is the subject of a request is in the community when the request is made, they are expected:

• to be a lawful non-citizen when the request is made; and
• to remain a lawful non-citizen until that request is finalised.

Even if a request is referred to a Minister in accordance with these instructions:

• the Minister may still decline to consider the request; and
• if the Minister considers the request, the Minister may still decline to intervene to grant a visa.

If a Minister chooses to intervene to grant a visa, the Minister will grant what they consider to be the most appropriate visa.

 

Requests that are inappropriate to refer to the Minister
A request in relation to an individual is inappropriate to refer (and will therefore be finalised without referral to a Minister), if any of the following circumstances apply:

• a request in relation to the individual has been received and has not been finalised;  Note: A requester may provide new or updated information in relation to a request that has been finalised; however, only a new request will not be referred to a Minister unless the existing request is withdrawn or finalised.
• the request is a repeat request (exemptions apply - see section 11 of the Instructions);
• The individual is an unlawful non-citizen who is not in immigration detention and can make a valid bridging visa application, but has not done so at the time of lodgement of the ministerial intervention request;
• The individual would qualify for a Partner visa while in Australia but is subject to condition 8503 (which specifies that after entering Australia, the individual is not entitled to be granted another substantive visa other than a protection visa while they remain in Australia) and a request for a waiver of that condition has not been sought or decided within three months before the lodgement of the ministerial intervention request;
• Tthe individual is outside Australia having departed Australia;
• The individual has an ongoing application for a substantive visa with the Department;
• The individual has an ongoing application for merits review of a visa decision with a review tribunal;
• The individual has had a visa decision remitted or set aside by a review tribunal or a court and the matter remains under consideration;
• The request is made following the issuing to the individual of a notice of intention to remove;
• The individual holds a Bridging visa E with visa condition 8512, which specifies that the individual must leave Australia by a specified date;
• The individual:
• can make a valid application for a medical treatment visa; and
• has been refused a permanent visa on health grounds, is over the age of 50 and is unfit to depart Australia due to a permanent or deteriorating disease or health condition (as certified by a medical officer of the Commonwealth);
• The individual is an Australian citizen or permanent resident;
• The request raises claims only in relation to Australia’s non refoulement obligations;

 

 Criteria for referring a request to a Minister

• The individual has provided evidence that they are the parent of an Australian citizen or permanent resident child who was a minor at the time the request for ministerial intervention was made;
• The individual:
• has skills that are required for a relevant skilled occupation mentioned in section 14; and
• is presently working in the relevant skilled occupation; and
• has provided the evidence required by section 14;
• The individual was previously the holder of a Subclass 188 (Business Innovation and Investment (Provisional) visa) and would now satisfy criteria in relation to time spent in Australia for grant of a Subclass 888 (Business Innovation and Investment (Permanent) visa;
• The individual has provided evidence that they are the carer of an Australian citizen who needs care and has been issued a Carer Visa Assessment Certificate (CVAC) which has a minimum impairment rating of 30, and has also provided evidence that:
• the individual needing care has no Australian citizen, permanent resident or eligible NZ citizen family members permanently residing in Australia; and
• the provision of care services is otherwise unavailable to the individual because of a denial of access by care providers;
• The individual is excluded from the grant of a protection visa or has had a protection visa cancelled or refused on character grounds, and a protection finding has been made for the individual within the meaning of section 197C of the Act;
• The individual is a member of the immediate family (within the meaning of subregulation 1.12AA(1) of the Migration Regulations 1994) of a child who:
• has been found to engage Australia’s non-refoulement obligations; and
• holds, or has held, a protection visa or a visa granted under Australia’s refugee and humanitarian program;
• The individual is under the age of 18 and in the care of the relevant Australian State or Territory welfare authority;
• The individual would meet the requirements of subclause 102.211(2) of Schedule 1 to the Migration Regulations 1994 but for subparagraph (b)(iii) of that subclause, and has been refused a visa for that reason;
• The following are satisfied:
• the individual first entered Australia as a minor and has lived in Australia for at least 50% of their life;
• a medical officer of the Commonwealth has assessed that the individual’s mental or physical health would be adversely affected if they had to return to any of the countries where they have a right to reside;
• the individual does not have any family members in any of the countries where they have a right to reside;
• The individual cannot return or be returned to any of their countries of citizenship or usual residence on a voluntary basis, due to the refusal of the authorities of the country to cooperate or allow the person’s entry. Note: For example, the country may refuse to recognise the person as a citizen or person with a right of residence, or may refuse to issue a necessary travel document.

 

Evidence of relevant skills - section 14

a relevant skilled occupation is an occupation listed on one of the following:

• the Medium and Long-term Strategic Skills List (MLTSSL);
• the Short-term Skilled Occupation List (STSOL);
• the Regional Occupation List (ROL);
• the Core Skills Occupation List (CSOL).

The evidence required in relation to the relevant skilled occupation is:

•  either:
• a past or current positive skills assessment in relation to the skills required for the relevant skilled occupation; or
• evidence of an appropriate qualification in those skills; and
• evidence that the individual is presently working in the relevant occupation; and
• if the individual is working as an employee—evidence of support from the individual’s employer.

 

PLEASE NOTE: All information valid as at 18/12/2025. Last updated on 18/12/2025. OZ HOME MIGRATION does not guarantee all information is correct and professional advice should be sought in relation to the above information.