The Immigration Minister can intervene in certain cases through Migration Act 1958. with this act, the minister can substitute the decision which is made by the AAT (Administrative Appeals Tribunal), in which they give a favorable decision. In this guide, we have mentioned in detail about Ministerial intervention in the migration process.
What is the Ministerial intervention and What is its working?
The Migration Act 1958 gives the Minister a choice to get involved in your visa application and grant the visa. The only reason when the Minister is involved if there is public interest. The act does not tell anything about the public interest which the Minister will decide. Ministerial intervention is governed by different sections 501J, 417, and 351. The minister will have power under this Act to replace the decision of an MRT and make a more favorable decision as well as in public interest.
Well, if you are facing any issue then make sure to take help from the migration agent to get everything done in the right manner.
- The Ministerial intervention is not the visa process part and there are only a few requests which will be completed. Only a few requests reach the Minister. The Minister only gets the request when the Minister Guideline is fulfilled otherwise their Department does not refer it to him.
- It is essential in the entire process you have a valid visa so that you can remain in Australia till the time request is in processing mode.
What type of cases are referred to?
Under the Minister’s guideline, certain cases will be taken into consideration. Some of its examples are:
- If you are permitted in Australia then there are exceptional cultural, economic, scientific, and other benefits that can occur.
- There are certain situations not in your control that you cannot go back to your home country or usual residence.
- There are certain circumstances if not taken into consideration which results in something serious, harmful, or continuing hardship to the Australian family unit. There should be at least one family member who has Australian citizenship.
- Certain circumstances regarding the health, age or psychological state which are not that serious or won’t result in any type of harm.
- The legislation did not anticipate the situation or your application leads to an unreasonable result.
When the minister is not allowed to intervene?
There are certain cases in which the minister cannot intervene:
- To grant the visa already there is a Minister
- Tribunal found that reviewing the decision jurisdiction is not there.
- The review application was made once the time limit was done.
- MRT does not have a review decision.
For further details, you should look for an experienced migration consultant for a better understanding.