When all other avenues are exhausted.

Nilesh Nandan

Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026

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Overview

Ministerial intervention is a last-resort option available in some immigration cases. Under sections 351 and 501J of the Migration Act, the Minister for Immigration has the personal, non-compellable power to substitute a more favourable decision — the former section 417 power was repealed in 2025. This is a discretionary power — the Minister is not obliged to consider any request — but a compelling submission can make a significant difference.

Verify all deadlines independentlyThe ministerial intervention deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

Ministerial intervention requests are assessed against the Minister's current published instructions (see below). The circumstances that carry weight include strong compassionate factors, significant hardship to Australian citizens or permanent residents (particularly children), Australia's international obligations, and strong ties to the Australian community.

On 17 September 2025, Minister Tony Burke issued new Ministerial Instructions under s351 and s501J of the Migration Act, replacing the 2016 guidelines. These instructions introduced ten specific criteria in Section 13 — the only grounds on which a request will now be referred to the Minister. Departmental discretion to identify 'unique or exceptional circumstances' has been removed entirely. Every submission I prepare is now structured around these criteria. If your case does not engage one of the ten criteria, it will not be referred. I assess every case against the current instructions before advising whether to proceed.

I have prepared hundreds of ministerial intervention requests over my career. While the success rate is modest (the Minister intervenes in a relatively small percentage of cases), a professionally prepared submission that identifies the strongest compassionate grounds significantly improves your prospects.

Key Facts

Sectionss351 and s501J of the Migration Act (s417 repealed 2025)

NatureNon-compellable — Minister not obliged to consider

Instructions17 September 2025 Ministerial Instructions (s351 & s501J)

TimingUsually after all other appeal options exhausted

DecisionNo timeframe — can take months

How I Work — Step by Step

Eligibility Assessment

I assess whether your case engages the criteria in the current Ministerial Instructions.

Submission Preparation

I prepare a detailed submission addressing the ministerial guidelines and highlighting your strongest grounds.

Evidence Compilation

I gather character references, community ties evidence, family impact statements, and country information.

Lodgement

I lodge the submission with the Minister's office and confirm receipt.

Follow-up

I monitor the progress of your request and respond to any queries from the Minister's office.

What I Do

Assess whether your case meets the criteria for ministerial intervention under the current guidelines
Identify the strongest compassionate and unique circumstances in your case
Prepare a compelling submission addressing the ministerial guidelines point by point
Gather supporting evidence including character references, community ties, and family impact statements
Lodge the submission and manage any follow-up correspondence with the Minister's office
Advise on timing and strategy, including whether to request intervention before or after other appeal options

Who Is This For?

›Applicants who have exhausted all other appeal options (ART and Federal Court)
›Applicants in compelling or compassionate circumstances
›Applicants whose cases raise significant humanitarian concerns
›Applicants with strong ties to the Australian community, particularly Australian citizen children
›Applicants who have been in Australia for a long time and face significant hardship if removed

Recent Case Outcome

I recently assisted a client whose partner visa was refused, a decision upheld by the Administrative Review Tribunal (ART), due to complex dependency issues. We prepared a detailed submission for Ministerial Intervention under s351 of the Migration Act, highlighting the significant, long-term emotional and financial ties the couple had to Australia and the unique compassionate circumstances involved. The Minister agreed that it was in the public interest to substitute the ART's decision, and my client was granted the visa, allowing the family to remain together in Australia.

* Details anonymized to protect client confidentiality.

Common questions about

How likely is ministerial intervention to succeed?+

Ministerial intervention is granted in a relatively small percentage of cases. However, a well-prepared submission that clearly identifies the unique circumstances and compelling reasons for intervention can significantly improve your prospects. The key is to present your case in a way that aligns with the published ministerial guidelines.

When should I request ministerial intervention?+

Ministerial intervention is typically a last resort, requested after all other appeal options (ART and Federal Court) have been exhausted. However, in some circumstances, it may be appropriate to request intervention earlier. I advise on the best timing based on your specific situation.

What are the September 2025 Ministerial Instructions?+

On 17 September 2025, the Minister issued new instructions replacing the 2016 guidelines. They set out ten specific criteria in Section 13 — the only grounds on which a request will be referred to the Minister. These include: being a parent of an Australian minor child, being a skilled worker in a relevant occupation, being a primary carer of a disabled Australian citizen, having a protection finding under s197C, being a long-term resident who arrived as a child, and several other specific circumstances. The key change is that departmental discretion to identify 'unique or exceptional circumstances' has been removed. For a full breakdown of the ten criteria, see my detailed guide at /ministerial-instruction-2025.

The Administrative Review Tribunal (ART) just affirmed my visa refusal. Is a Ministerial Intervention my last chance to stay in Australia?+

If the Administrative Review Tribunal (ART) has affirmed the decision to refuse your visa, you might feel like you're out of options. However, this is precisely where Ministerial Intervention can come into play. As your lawyer, I can request the Minister for Immigration to personally review your case if I believe it presents unique or exceptional circumstances. Under section 351 of the Migration Act 1958, the Minister has a personal, non-compellable power to 'substitute' a decision of the ART for a more favourable one if they think it is in the 'public interest' to do so. This is not a standard appeal; it's a final plea based on compelling compassionate grounds not fully addressed by the law. It's a last resort, but one that I have successfully navigated for clients in truly deserving situations, allowing them to secure a visa where all other avenues have failed.

What are the 'unique or exceptional circumstances' the Minister considers for intervention?+

The Minister's guidelines for intervention focus on 'unique or exceptional circumstances.' This isn't a clearly defined list, but it involves factors that set your case apart from the vast majority. In my 27 years of experience in immigration law, I've seen this include situations where an Australian citizen, child, or business would face significant, irreparable harm if you were to leave. It can also cover cases with compelling compassionate elements, such as severe health issues that cannot be treated in your home country, or where you have developed exceptionally strong and beneficial ties to the Australian community over a long period. My role is to build a powerful narrative, supported by evidence, that convinces the Minister your specific situation is so unique that it warrants a personal decision to grant you a visa, even when the standard legal pathways have been exhausted. It is a high bar to meet, but it provides a crucial safety net for the most compelling cases.