Ministerial Intervention Section 351

Learn about section 351 ministerial intervention in Australia, including eligibility, ART decisions, evidence, application process and public interest criteria.

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What Is Ministerial Intervention Under Section 351?

Ministerial intervention under section 351 of the Migration Act 1958 is a discretionary power that may allow the Minister to substitute a more favourable decision for an eligible decision made by the Administrative Review Tribunal (ART), where the Minister considers it to be in the public interest. It is not a standard visa application or an automatic appeal process, and the Minister is not required to intervene simply because a person makes a request.

For people facing difficult immigration circumstances, section 351 ministerial intervention Australia can be an important avenue to understand after a review decision, particularly where ordinary visa or review pathways may not provide a suitable outcome. However, whether a request can be made and whether it can be referred for ministerial consideration depends on the legislation, the current Ministerial Instructions and the individual circumstances of the case.

The current framework is important because the Ministerial Instructions governing section 351 requests were changed in September 2025. Requests are assessed against defined requirements and criteria rather than relying on the former general approach based on “unique and exceptional circumstances.” Before preparing a visa and immigration strategy, it is important to determine whether section 351 is actually available and whether the circumstances support a properly made request.

Section 351 is a discretionary ministerial power, not a guaranteed appeal pathway. A request does not automatically result in the Minister considering or granting a visa.

When Can Section 351 Ministerial Intervention Be Relevant?

Section 351 generally operates in connection with a reviewable decision of the ART. The Minister may personally substitute a more favourable decision if the statutory power is enlivened and the Minister considers intervention to be in the public interest. This makes ministerial intervention Australia different from ordinary merits review, where the review body independently reassesses the relevant decision according to its jurisdiction.

A person should not assume that every visa refusal Australia can be taken directly to the Minister. The circumstances surrounding the original visa decision, the ART decision, the applicant's current visa status and any other available pathway must be considered. A request may also be inappropriate where another suitable visa pathway or review option remains available.

Current Department of Home Affairs information confirms that Ministerial Intervention is dealt with under sections 351 and 501J. The Department also provides information about what happens after a request is made. Because the process is discretionary and policy can change, applicants should check the current requirements rather than relying on older advice about section 351.

For broader Australian immigration planning, Edvise Hub provides Australia visa guidance and migration support designed around the applicant's circumstances and available pathways.

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

Contact on WhatsApp

How Does a Section 351 Request Work?

A ministerial intervention application Australia should be approached carefully. The Department first considers whether the request is properly made, whether the relevant ministerial power is available, whether the matter is inappropriate for referral and whether it meets the applicable criteria under the current instructions. Meeting a criterion does not mean the Minister will necessarily intervene.

Supporting material should clearly explain the circumstances relied upon and provide relevant evidence. Depending on the case, this may include evidence concerning family circumstances, hardship, community ties, compassionate considerations, Australia's international obligations or other matters relevant to the applicable criteria. The submission should be focused, accurate and consistent with the applicant's immigration history.

People considering section 351 visa refusal Australia issues should also distinguish ministerial intervention from judicial review. Judicial review generally concerns legal error, while section 351 concerns the Minister's discretionary public-interest power. The appropriate pathway depends on the decision, timing and circumstances, so obtaining professional advice promptly can help avoid pursuing an unsuitable option.

Edvise Hub can help applicants understand their broader migration services options and assess how a ministerial intervention request fits within their overall immigration circumstances. Advice should be based on the current rules and the person's specific decision history.

How Edvise Hub Can Help With Ministerial Intervention

Ministerial intervention matters can involve complex procedural and immigration issues. Edvise Hub can assist with reviewing the available information, identifying relevant visa or migration considerations, organising supporting documentation and helping prepare a structured submission where professional assistance is appropriate. The purpose is to ensure the circumstances and supporting evidence are presented clearly rather than suggesting that intervention is guaranteed.

If you are considering ministerial intervention under section 351, take the next step by having your circumstances and available immigration options professionally assessed.

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Frequently Asked Questions About Section 351 Ministerial Intervention

What is ministerial intervention under section 351?

Section 351 gives the Minister a discretionary power to substitute a more favourable decision for an eligible ART decision when the Minister considers that doing so is in the public interest. It is not an automatic appeal or visa application process.

Can I request ministerial intervention after a visa refusal?

A section 351 request may be relevant after an eligible review process, but not every visa refusal qualifies. The decision history, ART outcome, current circumstances and applicable Ministerial Instructions need to be considered before determining whether a request can proceed.

Does section 351 guarantee that I will receive a visa?

No. Ministerial intervention is discretionary. Even where a request is properly made and meets the applicable referral criteria, the Minister may decide not to intervene or may not consider the request.

What evidence is important for a ministerial intervention request?

Evidence should directly support the circumstances relied upon under the current Ministerial Instructions. Depending on the case, relevant material may include evidence of family circumstances, hardship, community connections, compassionate factors or other matters identified by the applicable criteria.

Should I get professional help with a section 351 request?

Professional assistance can be useful because section 351 involves specific procedural requirements and discretionary public-interest considerations. A qualified migration professional can review the decision history, identify relevant issues and help determine whether ministerial intervention is an appropriate option.