Author: Tomas Rincon – Immigration Lawyer
If your visa has been refused and all appeal options have been exhausted, you may be wondering what options are left. Ministerial Intervention (MI) is one of the last avenues available, allowing the Minister for Immigration to personally review a decision.
Recent updates to the Ministerial Instructions have made the rules stricter, defining exactly who can apply and what circumstances are considered. Understanding these changes is essential if you are thinking about requesting MI or need to know how the new criteria might affect an existing request.
The updated Ministerial Instructions for sections 351 and 501J
The Minister for Immigration and Citizenship issued new Ministerial Instructions under the Migration Act 1958, redefining how Ministerial Intervention (MI) requests are assessed in Australia.
These changes affect people who are asking the Minister to personally review their visa decision. This usually happens after a visa has been refused and all appeal options, including the Administrative Review Tribunal (ART), have been used.
The updates remove departmental discretion to identify “unique or exceptional circumstances” and require all requests to meet strict, pre-defined criteria. The goal is to bring greater consistency and transparency to how MI powers are exercised, but it also means fewer cases will qualify for referral. Individuals affected by earlier requests may now need to reapply under the new rules if they meet the updated eligibility standards.
Understanding Ministerial Intervention (MI)
Ministerial Intervention (MI) is a last-resort option that allows the Minister for Immigration to personally consider changing a visa decision that has already been reviewed and finalised. It’s not an appeal or a legal right, but a discretionary power, which means the Minister may choose to intervene if certain conditions are met.
MI is generally available after a visa refusal and an unsuccessful appeal to the Administrative Review Tribunal (ART). The applicant must have no remaining visa or review options and must demonstrate that their case warrants the Minister’s personal consideration.
When can someone request MI?
Requests for MI are limited to exceptional or compassionate situations, including:
- Family hardship: When removal from Australia would separate close family members, for example, a parent from young children who are Australian citizens or permanent residents.
- Health or medical reasons: When an applicant or a dependent has a serious medical condition that prevents travel or would cause significant hardship if they were required to leave Australia.
- Procedural or character errors: Where there has been a clear procedural mistake or new evidence has come to light that was not available during the original decision or ART review, for instance, incorrect character assessments or administrative errors.
- Community contribution: When the person has built strong ties to their local community, volunteered, or contributed positively to Australian society over many years, showing that their continued stay would be in the public interest.
- Compassionate or humanitarian reasons: When there are compelling personal circumstances, such as long-term residence in Australia from a young age or a situation where returning to the home country would expose the individual to harm or undue suffering.
- Public interest or unique skills: In rare cases, where an individual’s skills, experience, or ongoing community role provide clear benefits to Australia, and their removal would have a negative impact on others.
Each request is assessed on its own merits, and only a small number are referred to the Minister for consideration. MI remains an extraordinary remedy, used sparingly and only in cases that demonstrate exceptional compassion or public interest.
What has changed under the new Ministerial Instructions?
The latest Ministerial Instructions were issued on 17 September 2025 under sections 351and 501J of the Migration Act 1958, replacing those issued on 4 September 2025. These updates introduce stricter criteria and remove discretion for departmental officers.
Key changes include:
- Departmental officers can no longer initiate MI requests on behalf of applicants.
- The assessment of “unique or exceptional circumstances” has been removed.
- All requests must meet specific eligibility criteria outlined in the new Instructions.
Requests are now assessed through a structured
Personal Procedural Decisions (PPDs)
The Minister has also issued new Personal Procedural Decisions (PPDs) outlining which past and future MI requests can be considered.
- Requests made on or before 11 April 2023
These will not be considered, unless they fall under a Minister’s PPD, a public interest decision, or the applicant is listed in the annexure to the PPD.
- Requests made on or after 12 April 2023
These may be referred to the Minister if they satisfy at least one of the new eligibility criteria in the current Instructions. If a request has been finalised, a new request may be lodged where the applicant meets the revised criteria.
Updates to sections 46A and 48B
New PPDs have also been made under sections 46A and 48B of the Migration Act 1958.
MI requests received before 4 September 2025 under these sections will not be considered, except for a small number of excluded cases. Affected applicants will be notified personally or through a public announcement.
What this means for applicants
The revised framework defines eligibility and removes previous discretionary flexibility.
Applicants should:
- Stay lawful by maintaining a valid visa.
- Continue cooperating with the Department while awaiting an outcome.
- Make arrangements to depart if their request is finalised or ineligible.
- Seek legal advice before lodging a new MI request.
If an applicant departs Australia while their request is still pending, it will be finalised unless the Minister has already decided to consider it.
How Absolute Immigration Legal can help
Ministerial Intervention is a complex and highly discretionary process that demands careful preparation under the new criteria.
At Absolute Immigration Legal, we can:
- Assess whether your case meets the updated eligibility requirements.
- Explore alternative visa or appeal pathways where MI is unsuitable.
- Prepare your request to maximise your prospects under the revised framework.
Contact our team of immigration lawyers today at admin@absoluteimmigrationlegal.com for expert advice and clarity on your next steps.
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