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Subclass 151 Former Resident Visa Granted via Ministerial Intervention for Family Carer

Visa TypeSubclass 151
CategoryAll Cases

Case Summary

After a Subclass 116 Other Family visa was refused by both the Department and the Migration Review Tribunal, we lodged a successful Ministerial Intervention request under Section 351 of the Migration Act, resulting in the grant of a Subclass 151 Former Resident Visa for a person needed to care for an Australian citizen family member.

Background

Our clients came to us after their Subclass 116 Other Family (Migration) application was refused. The visa applicant sought to enter Australia to provide care for an Australian citizen family member who suffered from medical issues and had no other relatives in Australia capable of providing the required assistance. The Migration Review Tribunal also declined to grant the visa, citing unsatisfactory information and questions about the credibility of a key witness. We then pursued a Ministerial Intervention request under Section 351 of the Migration Act.

Challenges

  • Both the initial application and the MRT appeal were refused
  • Witness credibility concerns at the MRT needed to be addressed in the Ministerial Intervention request
  • Demonstrating the existence of strong compassionate circumstances with updated and comprehensive materials
  • Establishing that the Australian citizen family member had no other means of receiving the required care

How We Helped

We prepared comprehensive submissions for the Ministerial Intervention request under Section 351 of the Migration Act, providing updated and detailed materials that clearly documented the compassionate circumstances. We demonstrated that without the visa applicant, the Australian citizen family member — who was elderly and unwell — would suffer irreparable harm and continuing hardship, and that no other family member or available service could adequately fulfil the caring role. We also drew on the family member's age and health as compelling factors.

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Key Success Factors

  • Comprehensive and updated submissions addressing the concerns raised in the MRT decision
  • Detailed documentation of the irreparable harm the Australian citizen family member would face without the carer
  • Evidence that no other relative or community service could adequately provide the required care
  • Clear and compelling presentation of the compassionate circumstances to the Minister
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Outcome

The Ministerial Intervention was successful and the visa applicant was granted a Subclass 151 Former Resident Visa, allowing them to permanently reside in Australia and care for the family member.

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