An appeal for ministerial intervention can be lodged only if the Administrative Appeals Tribunal (AAT) Migration Division has given a decision. This is because the minister for Home Affairs as 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 an AAT to a substitute decision that is more favourable 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 AAT
  • the AAT has sent your application for further consideration to DHA and case officers have made a second negative decision
  • the AAT decision was made before 1 September 1994
  • the AAT informs visa holders the application is not subject to ministerial intervention
  • the application to the AAT  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