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.