You might be able to make a request for ministerial intervention if you have received a decision by a merits review tribunal. This means the Administrative Appeals Tribunal (AAT) and, for review decisions made before 1 July 2015, the Migration Review Tribunal and the Refugee Review Tribunal.

The Minister’s powers are not available in the following circumstances:

There is no review decision by a merits review tribunal if

• A Minister has already intervened to grant a visa
• A tribunal has found that it does not have jurisdiction to review a decision
• A tribunal has found that the review application was made outside the time limits
• A tribunal has returned your case to Australian Home Affairs department for further consideration and one of our decision-makers has made a subsequent decision on your case.
• The Australian Home Affairs department will let you know in writing if your request cannot be considered under the Minister’s public interest powers for one of these reasons.

How to make a request

• You or your authorised representative can write to the Minister to request ministerial intervention.
• You need to identify exactly who is included in your request, mention your departmental reference number (such as your Client Identity number) if you know it, and provide a copy of your tribunal decision so that your case can be quickly identified.
• You must provide information about your circumstances and why you consider them to be unique or exceptional. You must include all relevant supporting documentation.

FBP International is an exclusive partner of BMS Australia. BMS has the best immigration lawyers, registered with their respective authorities and bars, to help you get through the migration process. BMS Australia is well connected and will be able to help you by giving you the right consultation for your complex Australian visa cases.