Ministerial Intervention is not another ordinary visa appeal. The relevant powers are personal, non-delegable and non-compellable: the Minister is not required to consider or exercise them merely because a request is made.
Sections 351 and 501J
The current framework includes public-interest powers under sections 351 and 501J of the Migration Act. A merits review tribunal decision is ordinarily required before these powers can be enlivened. The Department screens requests under the current Ministerial Instructions before deciding whether a matter should be referred to the Minister.
New Ministerial Instructions under sections 351 and 501J commenced in September 2025. A request should identify the relevant tribunal decision, the power relied on and the current referral criterion said to be met. Older online material referring to “unique or exceptional circumstances” may no longer describe the current screening framework.
A request should be evidence-based
- identify every person included in the request
- identify the relevant ART or former AAT decision
- address the current referral criteria
- provide certified supporting documents where appropriate
- provide accurate translations of non-English documents
- address current immigration status and any bridging visa issue
- avoid relying on general hardship without connecting the facts to the current instructions
Protection-related bar-lift powers
Separate Ministerial powers can arise under sections 46A and 48B in protection-related matters. Those powers have their own instructions and eligibility context and should not be confused with a section 351 request following ordinary merits review.