What has changed?
The Australian Government has introduced new rules about who can ask the Immigration Minister to step in. This is called Ministerial Intervention (“MI”).
Before, the rules were unclear, and many people made requests that had little chance of success. Now, there are specific categories of people who may be considered and requests will only be looked at if they meet these categories.
What happens to existing requests?
There are currently around 30,000 MI requests on hand. Many prior requests (especially those lodged before 12 April 2023) will be finalised (or “closed”) through Personal Procedural Decisions (PPDs), unless they meet certain exemptions or are listed in an annexure to the PPD.
Individuals whose prior MI requests are closed may lodge a new request under the updated instructions provided that fall under one of the clear categories that will be eligible for submission. Noting eligible to submit does not guarantee the matter will be considered by the Minister.
Who might qualify under the new rules?
You may be able to ask the Minister to step in if you fit into one of these situations:
- Parents of Australian children – If you are the parent of an Australian citizen or permanent resident child (under 18).
- Skilled workers – If you have skills in a job Australia needs and you are already working in that job here. The current occupation lists will give you an indication whether your role is considered “in need” in Australia.
- Business migrants – If you held a Business Innovation visa (188) and now qualify for the Permanent Business visa (888).
- Carers – If you care for an Australian citizen or permanent resident with serious needs and no one else in their family can help.
- Protection visa applicants – If you were refused or cancelled on character grounds but Australia still has obligations to protect you.
- Family of children needing protection – If your child (or a close family member) has protection needs in Australia.
- Children in care – If you are under 18 and in the care of a state or territory child welfare service.
- Long-term residents – If you came to Australia as a child, have lived here for at least half of your life, and would face serious hardship if forced to leave.
- Cases where return isn’t possible – If your country refuses to accept you back or won’t give you travel documents.
Important: Again, it is important to understand that meeting one of these categories does not guarantee the Minister will step in. It only means your request might be considered.
What you should do now
- Review existing MI requests: If you previously lodged a request, check whether it was closed under a PPD, or whether it remains active.
- Assess eligibility under new criteria: Identify which new category or section 13 criterion your case is closest to.
- Gather stronger evidence: Medical reports, character evidence, employment records, statements of hardship, etc.
- Prepare a clear, focused submission: The new instructions emphasise a “summary submission” plus a full submission that directly addresses the criteria.
- Consider alternative pathways: Don’t rely solely on MI as this is not a guaranteed pathway. Other visa options or legal pathways (if available) may still be viable and give you more stability.
- Act quickly if needed: Because the new framework is effective, waiting too long risks losing the opportunity or being excluded by timing rules.
Key practical implications & tips
- Higher bar/stricter screening: The new system filters out weaker or speculative requests earlier. This means if the request is weak and there are no real grounds, expect the request to quickly be finalised.
- Focus on evidence and structure: Applicants should submit clear, well-supported arguments that map to the criteria. This includes identifying which category they rely on, and providing certified documents, medical / health evidence, community ties, etc. This would give your request the greatest chance of being considered.
- Check eligibility before applying: Some requests will be refused at intake without substantive consideration if they are “inappropriate to refer.” It is important to understand what will simply not be considered.
- Timing matters: Requests lodged before certain cut-off dates may have been closed under a PPD. Applicants in that situation may need to lodge a fresh request under the new instructions.
- No guarantee: Even if referred, the Minister may choose not to intervene as this power remains discretionary and non-compellable. There is also no guide as to how long the consideration process will take so alternative plans and pathways should be considered.
- Seek expert advice: Given the complexity, mapping your situation to the new rules and preparing a strong submission is likely to require legal/migration expertise. You are likely only given one chance to make the request so it is best to make it count and give it your best shot.
Reminder: Ministerial Intervention is a last resort. The Minister can choose not to act, even if you qualify. It’s always good to look at other visa options too.
Need Assistance?
If you’re planning to make a request for ministerial intervention or have concerns about your eligibility. Contact us today to book a consultation so that we can guide you throughout the process.
Changes to the relevant laws can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our experts for tailored advice on your circumstances and eligibility.
