An appeal for ministerial intervention can be lodged only if the Migration Review Tribunal (MRT) has given a decision. This is because the minister for immigration and citizenship’s public interest powers need a review tribunal decision to be activated.

In some circumstances, the minister has a personal power to grant a visa. The minister can change a decision made by a migration review body (MRT, AAT or RRT) to a substitute decision that is more favorable to the applicant. The minister can make a decision to grant a visa even when the applicant does not meet the legal requirements for it. However, the minister can only change a decision when he thinks it is in the public interest to do so. A very high number of requests are made to the minister to use this power, but very few visas are granted.

The minister only intervenes in a relatively small number of applications, and for some applications cannot intervene even after a decision by a review tribunal. These include where:

  • the decision not to grant a visa cannot be reviewed by MRT
  • the MRT has sent your application for further consideration to DIAC and case officers have made a second negative decision
  • the MRT decision was made before 1 September 1994
  • the MRT informs visa holders the application is not subject to ministerial intervention
  • the application to the MRT is invalid

How It Works

Initial Consultation

Phone OR In person for eligibility

Tailored Advice

We give you advice tailored to your needs

Lodge Visa Application

Preparation for Filing and Lodgement

Desired Outcome

VISA Grant