If you have been refused a visa, or had a visa cancelled, by the Department of Immigration and Border Protection (DIBP), and subsequently appealed the adverse decision to the Administrative Appeals Tribunal (AAT), whom affirmed the decision of the DIBP, you may want to consider lodging a Request for Ministerial Intervention with the Minister of Immigration and Border Protection (the Minister).
The Minister has public interest powers that allow him to grant a visa to a person who has had an adverse decision of the DIBP affirmed by the AAT, or allow such an applicant to apply for a new visa in Australia even though they have a visa refusal or cancellation on their immigration record.
The basis for the Minister intervening in a case is “the public interest” of Australia. That is, if the Minster must hold that, based on the facts and evidence of the case, approving a visa application would be in the public interest of Australia. Requests for Ministerial Intervention are made in writing to the Minister asking him to intervene in your case under one of his public interest powers in the migration laws.
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.
A key element of your application for Ministerial Intervention is the preparation of your submission package to the Minister. We will 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.
A good Request for Ministerial Intervention is not a simple rehash of your case. Whilst the background of your case needs to be submitted, it is more important that you submit arguments and documentation which prove that “Exceptional and/or Unique Circumstances” apply to your case, as the Minister needs to be satisfied that such circumstances apply to you for him to intervene in your case.
The Minister has provided non-exhaustive guidance on the types of unique and exceptional circumstances he wants brought to his attention, which includes:
1. circumstances that bring Australia’s obligations as a party to the Convention on the Rights of the Child into consideration;
2. strong compassionate circumstances such that failure to recognise them would result in irreparable harm and continuing hardship to an Australian citizen or permanent resident should you leave the country;
3. any exceptional economic, scientific, cultural or other benefit you may bring to Australia;
4. compassionate circumstances regarding your age and/or health and/or psychological state such that failure to recognise them would result in irreparable harm and continuing hardship to you;
5. the length of time you have been present in Australia and your level of integration into the Australian community;
6. circumstances that the legislation does not anticipate or clearly unintended consequences of legislation or the application of relevant legislation leads to unfair or unreasonable results; and/or
7. whether you are unable, through circumstances outside your control, to return to your country of citizenship or usual residence.
Your submission package to the Minister must detail which unique and/or exceptional circumstances apply to your case, and more importantly, attach appropriate supporting evidence to back up your claims.
The first step is for you to contact one of our experienced immigration lawyers who will conduct a thorough assessment on your prospects for a Request for Ministerial Intervention. We have handled many successful Requests for Ministerial Intervention in the past and will lodge your application in a manner that puts your best case forward to the Minister.
We offer all our prospective clients an initial meeting, during which we will examine the decision of the adverse AAT and let you know what work we can do for you moving forward.
To organize a initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.