A Class Immigration and Education Consultants
A Class Immigration and Education Consultants
In Australia, under the Migration Act of 1958, the Minister has the authority to step in and make decisions in certain immigration cases. This intervention can take place when the Minister believes it is in the best interest of the public to do so. However, it’s important to note that the Minister alone determines what is in the public’s interest and when to intervene. There is no legal obligation for the Minister to intervene in every case.
Ministerial intervention typically results in a more favorable decision, often granting a visa. However, it’s crucial to understand that only a small percentage of all requests for ministerial intervention are successful.
The option to request Ministerial Intervention may be available to individuals who have:
Guidelines for Requesting Ministerial Intervention
The guidelines for this option outline the types of cases that may be referred for the Minister’s consideration. Requests are assessed against these guidelines, and requests that do not meet the criteria are typically not referred to the Minister. It’s important to note:
Understanding Judicial Review
If the Department has issued a refusal letter for a visa or canceled a visa, and you are eligible for judicial review of the decision, it’s crucial to take prompt action if you intend to seek a review by the Administrative Appeals Tribunal (AAT). There are strict time limits for lodging the application with the AAT, and no extensions are typically granted. You must complete the appropriate form and pay the required fee within the specified timeframe.
An individual or their authorized representative can request Ministerial Intervention if they have undergone a merits review tribunal decision. Third-party communication regarding the request is not allowed unless authorized by the individual.
To request Ministerial Intervention, an individual or their authorized representative can write a letter to the Minister. The letter should include clear identification of the individuals involved, provide the departmental reference number if known, and include a copy of the tribunal decision for easy identification of the case.
Family members can only be included in the request if they have also undergone a merits review tribunal decision.
AAT Appeals and Reviews: Expert services for resolving disputes and reviewing decisions, ensuring fairness and justice in administrative processes.
Navigating visa refusals and cancellations requires understanding the complex rules and procedures that may affect your immigration status.
Ministerial intervention refers to a government minister's discretionary power to make decisions outside standard bureaucratic processes, often in immigration cases.
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