Ministerial intervention in migration matters: A process not a platform

Ministerial intervention powers provide a process for visa applicants to obtain a more favourable decision from the Minister following a negative outcome at the Administrative Appeals Tribunal (AAT). It is important for practitioners to understand that applications for ministerial intervention involve an established process.

Applications seeking intervention should not rely on legal arguments which are outside of the accepted ministerial intervention guidelines, nor should they be used as a platform, including in the media, to rail against current Australian migration policy. The pathways and considerations relevant to successful applications will be the basis for this article.