When a visa application has been refused by the Department of Home Affairs and the Administrative Review Tribunal (ART, formerly the AAT) has also upheld the refusal, there may still be one remaining avenue: Ministerial Intervention. But what does this process involve, and how long does it actually take?
What Is Ministerial Intervention?
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Under sections 351 and 417 of the Migration Act 1958, the Minister for Immigration has the power to substitute a more favourable decision in place of a tribunal decision if they believe it is in the public interest to do so. This is a discretionary, non-compellable power — meaning the Minister is not obligated to consider or intervene in any particular case.
In some cases, the ART itself may refer a case to the Minister if the Tribunal believes the circumstances warrant intervention, even though the Tribunal cannot legally grant the visa.
How Long Does Ministerial Intervention Take?
Unfortunately, there is no set processing timeframe for Ministerial Intervention. Based on the experience of migration professionals, cases referred to the Minister can take anywhere from 2 to 4+ years to receive a response. Some cases have taken even longer, particularly when there are changes in government or changes to the Minister for Immigration during the processing period.
Key timeframe observations from practitioners include cases processed after 2 years and 3 months, cases taking 4 years (with four different Immigration Ministers during that period), and cases still waiting after being referred several years ago.
What Happens While You Wait?
While waiting for a Ministerial decision, the applicant’s visa status can be precarious. If the ART has affirmed the refusal, the applicant may need to apply for a Bridging Visa E (BVE) to remain lawfully in Australia. Key points to be aware of:
- BVEs granted during this period are often short-term (typically 3 months at a time)
- You’ll need to keep reapplying for BVEs while the Ministerial process is ongoing
- BVEs may have conditions restricting work or travel
- Travel outside Australia may jeopardise your ability to return
Can You Speed Up the Process?
In most cases, there is limited ability to expedite a Ministerial Intervention request. The process is at the discretion of the Minister, and there are no formal review mechanisms for delays. However, there are steps you can take:
- Ensure your submission is comprehensive: A well-prepared request with strong supporting evidence gives the Minister’s office the best basis for a favourable decision
- Keep your contact details updated: If your address or contact details change, notify the Department immediately
- Engage your local MP: Some practitioners have found that engaging the applicant’s local Member of Parliament can sometimes help bring attention to a case
- Provide updated information: If there are significant changes in your circumstances (such as the birth of a child, a medical condition, or new evidence), submit updated information to the Minister’s office
Is Ministerial Intervention Right for Your Case?
Ministerial Intervention is a last resort, not a guarantee. It’s important to have realistic expectations about the timeline and the likelihood of a favourable outcome. If you’re considering this pathway, professional advice is essential to assess whether your case has merit and to prepare the strongest possible submission.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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