Ministerial Intervention Visa Australia

When every formal review avenue has closed, the ministerial intervention visa Australia process is often the last remaining option. Under section 351 of the Migration Act 1958, the Minister for Immigration holds a personal, non-delegable discretionary power to substitute a more favourable decision for one made by the Administrative Review Tribunal (ART) — but only if the Minister personally considers it in the public interest to do so.

This is not a right of appeal. There's no obligation on the Minister to consider any request, no set timeframe for a decision, and no avenue to challenge a decision not to intervene.

Ministerial Intervention Section 351: What Changed in 2025–26

Following the High Court's 2023 Davis decision, the framework governing ministerial intervention section 351 requests was overhauled. On 4 September 2025, the Minister issued new Ministerial Instructions replacing the old subjective "unique and exceptional circumstances" test with clearly defined, objective criteria that departmental officers use to filter requests before they ever reach the Minister's desk.

Two important practical consequences:

• Officers can no longer initiate requests or apply subjective judgment — a case either meets the listed criteria or it doesn't.
• Requests made on or before 11 April 2023 are generally not being considered further, except in limited circumstances such as an existing Personal Procedural Decision.

This means your ministerial intervention request Australia submission must map precisely onto the current published criteria — vague compassionate appeals are no longer enough on their own.

Who Can Apply, and When

Section 351 requests are generally only available after the ART (or previously the AAT) has finalised a decision on your case. If you haven't yet exhausted your review rights, ministerial intervention isn't available to you — you'd need to pursue the ART first.

Common grounds officers assess against include compelling family unity concerns, the best interests of an affected child, strong and longstanding ties to Australia, and circumstances engaging Australia's international obligations.