Ministerial Intervention. Success for a student visa refused at the AAT.

The Minister has powers under the Migration Act 1958 to to intervene in your case when 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 decide. The Minister is not legally bound to intervene or to consider intervening.

AR LAW Services was retained by an International student to take his matter to the Minister: it was a student visa applicant who had failed to apply with time for a visa renewal. His visa had been refused – he had appealed to the AAT. The AAT upheld the decision to refusal. The argument we made was not based on a sad story but a cold hard legal “black letter” submission – more like a tax law case about ‘penalty interest” case.

When the Minister intervenes to make a more favorable decision, this usually means that the Minister grants a visa. Australian law allows unsuccessful visa applicants in many cases to request that the Minister for Immigration and Citizenship personally intervene and grant a visa in the public interest.

Ministerial Intervention provides certain persons whose visa applications have been refused and who were unsuccessful at the review tribunals an opportunity to request that the Minister personally intervene and either grant the visa or make a more favourable decision than the initial refusal.

The basis for the Minister intervening is “the public interest” of Australia. That is, if the Minster believes that, based on the facts and evidence of the case, approving a visa application would be in the public interest of Australia, the minister has the ability to do so. It is important to note that Ministerial Intervention is generally only available to those applicants who have been unsuccessful at the Administrative Appeals Tribunal (AAT).

Ministerial Intervention gives the Minister the ability to take a fresh look at a visa refusal decision from a “humanitarian” perspective. This typically considers larger-picture issues such as the interests of the public at large, the interests of the nation, and other interests such as economic, trade, or cultural interests.

How we maybe able to Help you.

The key element of your application for Ministerial Intervention is the preparation of your submission to the Minister. We will work with you to prepare a complete submission package that focuses on the compelling details of your personal situation and the public interest arguments why you should be granted an Australian visa.

We will also research previous legal cases that may be similar to yours and establish whether it may be prudent to include them as supporting references to your case.

So if you or anyone you know is thinking of applying or currently has a Ministerial Intervention application pending talk to us.  Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.

Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer and to see if you qualify for a “ABG Coronavirus Grant” and thereby be eligible for significant savings.

Book a Consultation

Call 03 9614 0218 or email to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

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Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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