How long does intervention take?

There is no set timeframe. Some requests are decided quickly at the assessment stage, others take many months. We manage expectations and keep you updated as the matter moves.

Can I stay in Australia while it is considered?

A bridging visa E can usually be obtained while a request is being assessed at the first stage. Status becomes harder to maintain if the matter is not referred to the Minister, so speak with Shah & Co Lawyers about managing that period.

Ministerial Intervention

Q: What counts as unique or exceptional?

The guidelines focus on circumstances that put the matter outside the run of cases the Tribunal sees, such as serious medical conditions without treatment available offshore, significant hardship to Australian children, or compelling country conditions.

Requests for ministerial intervention under sections 351 and 417 after an unsuccessful Tribunal review, where unique or exceptional circumstances exist.

Seeking Ministerial Intervention

Ministerial intervention is not a standard appeal, and it does not guarantee that the Minister will consider your request at all. It is a personal, non compellable power to substitute a more favourable decision after an unsuccessful Tribunal review, exercised only in genuinely unique or exceptional circumstances.

What Ministerial Intervention Means

Sections 351 and 417 of the Migration Act allow the Minister, personally, to substitute a more favourable decision for a Tribunal decision. The power is discretionary and there is no right to have a request considered or decided in any particular way.

When a Request May Be Considered

A request is generally only referred to the Minister where it raises circumstances outside the run of cases the Tribunal already sees, assessed against published guidelines rather than a reagitation of the original merits.

What a Request Needs to Show

Unique or Exceptional Circumstances

The guidelines focus on matters such as serious medical conditions without treatment available offshore, significant hardship to Australian citizen or permanent resident children, or compelling country conditions that were not adequately addressed at the Tribunal stage. A well prepared request focuses on those circumstances, supported by updated evidence, rather than repeating arguments already put to the Tribunal.

Managing the Wait and Your Status

There is no entitlement to intervention and no obligation on the Minister to give reasons if a request is not taken up, so we are realistic about what a request can achieve. A bridging visa E can usually be sought while a request is assessed at the first stage, though status can become harder to maintain if the matter is not referred, and we consider alongside this whether any other visa pathway may still be available.

How Shah & Co Lawyers can assist

We are candid about the odds on intervention requests, and we pursue any alternative pathway in parallel where one exists.

Intervention Requests

Requests for ministerial intervention under sections 351 and 417 of the Migration Act.

Guideline Analysis

Identification of unique or exceptional circumstances against the published guidelines.

Supporting Evidence

Updated medical, psychological and country information evidence.

Hardship Submissions

Submissions on hardship to Australian citizen or permanent resident family members.

Repeat Requests

Repeat intervention requests where new circumstances emerge.

Alternative Pathways

Parallel advice on other immigration options while a request is considered.

Frequently asked questions

General information only. Every matter turns on its own facts.

Other immigration law services

View all

Need Legal Advice?

Arrange a confidential consultation about your ministerial intervention request.

Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.

Arrange a Consultation Call (02) 8281 6613