If you’ve lodged an appeal for your visa and lost at the Administrative Review Tribunal, your options to stay in Australia may feel limited. However, a Ministerial Intervention request might be your final lifeline.
On 4 September 2025, the Australian Government updated the Ministerial Intervention guidelines under sections 351 and 501J of the Migration Act 1958.
Under Paragraph 13 of the new Ministerial Direction, a further request for Ministerial Intervention may be considered if:
1. There has been a significant change in circumstances, AND
2. One or more criteria in the “Matters to be Brought to the Minister” list is satisfied.
These updated instructions impose strict criteria about who can be referred to the Minister for personal consideration. This guide explains the updated rules, who may qualify, and why a strong intervention request requires expert support.
What Is Ministerial Intervention?
Ministerial Intervention (MI) is not a visa application. Rather, it is a discretionary power that allows the Minister for Immigration to overturn a Tribunal decision if the Minister believes doing so is in the public interest.
It is only available after all reviews and appeals are exhausted. Most requests are not referred, and only a small number are accepted. As a result, it’s essential to understand these updated requirements before submitting a request.
To learn more directly from the Department of Home Affairs :
? https://immi.homeaffairs.gov.au/visas/refusal-or-cancellation/ministerial-intervention
What has changed? A Breakdown of the 2025 Updated MI Criteria
Under the updated criteria, individuals may only have their request referred to the Minister for personal consideration if they can provide evidence that they meet one or more of the following categories.
Each ground reflects either a significant contribution to Australia, exceptional humanitarian need, or a compelling public interest element.
1. Parent of an Australian Minor Child
- Are the parent of an Australian citizen or permanent resident child, and
- That child was under 18 at the time of your request.
Why this matters: The government recognises the importance of maintaining family unity when the child is an Australian citizen or PR.
2. Skilled Worker in a Relevant Occupation
- Your skills match a relevant skilled occupation under current Home Affairs regulations,
- You are currently employed in that occupation in Australia, and
- You provide verified evidence supporting your employment and contribution.
Why this matters: Skilled workers contribute to Australia’s economy. Therefore, if you’re already working in a skill shortage area (e.g. engineering, healthcare), the Minister may consider your request a public interest benefit.
3. Former Subclass 188 Visa Holder Now Meeting 888 Criteria
- You previously held a Subclass 188 Business Innovation and Investment visa, and
- You now meet the time-in-Australia criteria for the Subclass 888 permanent residency visa.
This allows business visa holders who have made significant contributions to Australia’s economy to remain under exceptional circumstances.
4. Primary Carer of a Disabled Australian Citizen
- A Carer Visa Assessment Certificate confirming the recipient has at least 30% impairment,
- No other eligible family members capable of providing care, and
- No reasonable alternative care services available.
This ground protects vulnerable Australian citizens reliant on their carers.
5. Character-Related Protection Visa Exception (s197C)
- You were refused or had a visa cancelled on character grounds, BUT
- A protection finding was made under section 197C, indicating you cannot be returned to your country due to protection obligations (e.g. risk of harm).
This ensures compliance with international protection obligations.
6. Family Member of Refugee or Humanitarian Child
- You are an immediate family member of a child who engages Australia’s non-refoulement obligations, and
- That child holds or held a protection, refugee, or humanitarian visa.
7. Applicant Under 18 in State Care
- You are Under 18 and
- Currently in the care of an Australian State or Territory child welfare authority, such as foster care.
8. Adoption Visa Exception (Clause 102.211)
- You would have met subclause 102.211(2) for an adoption visa, except for technical failure under (b)(ii), AND
- The visa was refused solely for this reason.
This also recognises rare administrative issues affecting adoption pathways.
9. Long-term Resident with Medical or Family Hardship
This applies if all of the following are true:
- You arrived in Australia as a child,
- You have lived here for at least 50% of your life,
- A Commonwealth Medical Officer certified that returning would adversely affect your health, AND
- You have no family support in any other country.
This is a critical pathway for people embedded in Australian society since childhood.
10. Cannot Return to Home Country Due to Statelessness or Non-Cooperation
You must show:
- You cannot return to your home country because the country does not recognise you or refuses to issue travel documents.
Why You Must Get Ministerial Intervention Right
Ministerial Intervention Australia is not a visa and not guaranteed. It is a public interest remedy used only in exceptional cases. A poorly prepared submission could mean:
- You are permanently barred from consideration,
- You may face removal from Australia,
- You lose the ability to be considered for other pathways.
Need Help with Ministerial Intervention?
If you think you may qualify under the updated criteria — do not lodge without expert guidance.
Tolic Lawyers specialise in:
- Strategic Ministerial Intervention submissions
- Appeals after visa refusals
- Complex immigration and family-linked cases
Book a confidential consultation: https://toliclawyers.com.au/contact-us/
Disclaimer: The information provided above is intended for general informational purposes only and does not constitute legal advice, nor does it create a solicitor-client relationship. Ministerial Intervention requests are highly discretionary and complex, and eligibility depends on specific legislative, policy, and factual frameworks that apply differently to each individual. If you are considering a request for Ministerial Intervention or believe your circumstances may align with the new criteria, you should seek independent and personalised advice from a registered migration lawyer or immigration professional. Tolic Lawyers accepts no responsibility for any loss or damage arising from reliance on this content without obtaining tailored legal advice specific to your situation.
