Can I make a second ministerial intervention request if my first is unsuccessful?

Generally no. A second request is typically only considered where there has been a significant change in circumstances that raises genuinely new, substantive issues not covered in the first request.

Is the Minister's decision under Section 351 reviewable if my request is refused?

No. Ministerial Intervention under Section 351 is an entirely discretionary, non-compellable power. The Minister's decision, including a decision not to intervene, cannot be appealed or reviewed.

How Do I Request Ministerial Intervention Under Section 351?

Requesting Ministerial Intervention under Section 351 requires meeting the Minister's updated 2025 referral criteria. Learn who's eligible, what changed from the old guidelines, and how to submit a strong request.

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Quick answer: Section 351 of the Migration Act 1958 lets the Minister for Home Affairs personally grant you a more favourable outcome after a negative ART decision — but only if your case is referred to them and found to be in the public interest. It's a last-resort power, entirely discretionary, and there's no legal right to have your case considered at all.

What Changed in 2025 — And Why It Matters Now

If you've read older guides on this topic, be aware the process has shifted. On 17 September 2025, the Minister issued new Ministerial Instructions replacing the 2016 guidelines. The key change: Departmental officers no longer assess requests against "unique and exceptional circumstances." Instead, officers now screen every request against a set of clearly defined referral criteria before it can even reach the Minister's desk. If your request doesn't meet one of those criteria, it simply won't be referred — regardless of how compelling your personal story is.

Who Can Actually Request It?

To be eligible for Section 351 intervention, you generally need to show:

Your case has already been reviewed and finalised by the ART (or the former AAT)
That review went against you
You are typically still in Australia
Your circumstances satisfy at least one of the Minister's defined referral criteria — not general hardship or a wish to stay

What Will a Case Officer Actually Screen For?

Before your request reaches the Minister, an officer checks that:

The intervention power is properly enlivened
The request has been properly made
Referral wouldn't be inappropriate
The circumstances meet at least one listed criterion under the current instructions

Only requests clearing all four steps are referred for the Minister's personal consideration.

🕒 Last formal option after an ART refusal?

One request may be your final formal option. Don't take a shot in the dark—book a consultation to find out whether your circumstances meet the current referral criteria before you submit.

Book A Consultation

Fahad Shamim

Migration & Education Consultant

MARA Registered MARN 2619225

QEAC G12906

As a Migration & Education Consultant, I provide expert guidance on Australian visas and international education, helping clients navigate both with ease.

Phone +61 424 295 050

Email fahad@edvisehub.com

How Do You Actually Submit a Request?

There's no fixed application form. A strong request typically includes a clear written submission addressing the relevant referral criterion directly, supported by evidence — not just an emotional appeal. Vague claims of hardship, without meeting a defined criterion, are unlikely to be referred under the new instructions.

Frequently Asked Questions

Can I request ministerial intervention before going to the ART?
No. Section 351 intervention is only available after the ART has reviewed and finalised a negative decision in your case.

Can I make a second request if my first one is unsuccessful?
Generally no, unless there is a significant change in your circumstances raising genuinely new issues not previously considered.

Is the Minister's decision reviewable if my request is refused?
No. The Minister's decision under Section 351 is discretionary and cannot be appealed or reviewed.

At Edvise Hub, we help clients assess honestly whether their case meets the current referral criteria and prepare submissions that give a request the strongest possible chance of reaching the Minister.