Requesting ministerial intervention under s 351 or s 417 of the Migration Act
Ministerial intervention is non-compellable and non-reviewable. It requires the Minister to consider unique or exceptional circumstances that the statutory framework cannot accommodate. The guidelines change — current guidelines determine what circumstances warrant consideration.
This is an 8-step workflow for preparing a ministerial intervention request under s 351 or s 417 of the Migration Act, used after ART review to ask the Minister to exercise the personal discretion.
Before you start
- An ART decision affirming the visa refusal or cancellation
- Evidence of unique or exceptional circumstances
- Current ministerial guidelines for referral
- No prior unsuccessful intervention requests (limits apply)
The workflow
Confirm eligibility for intervention
The Minister can only intervene where the ART has made a decision (not refused jurisdiction). Confirm the decision is the most recent and not under judicial review.
Map to current ministerial guidelines
Review the current Minister's guidelines on what unique or exceptional circumstances are given departmental referral. Guidelines change per Minister.
Identify unique or exceptional factors
Typical factors include: best interests of Australian citizen children, strong compassionate circumstances, length of time in Australia, irreparable harm on return, humanitarian considerations.
Gather evidence for each factor
For each factor, gather probative evidence — medical reports, school reports for affected children, country information, psychological reports on relocation harm.
Draft the intervention request
Draft submissions addressing the guidelines, the evidence, and why the statutory framework cannot accommodate the situation. Keep focused on the unique factors.
Attach the evidence bundle
Attach a properly indexed evidence bundle with each document cross-referenced to the submissions. Department officers conduct the first assessment against guidelines.
Lodge and manage bridging visa
Lodge the request to the Department of Home Affairs intervention unit. Confirm the client's bridging visa status is preserved while the request is assessed.
Manage outcome and advise on finality
If referred to the Minister, the decision can take months. If refused at Department level, advise the client that intervention is non-compellable and explore any remaining options.
What you will have at the end
Either ministerial intervention granted (substituting a more favourable decision), a referral for ministerial consideration, or a refusal with no further statutory avenue.
Common issues
- Submissions that restate the ART case rather than raising unique factors
- Guidelines shifts (e.g. between ministers) that reset what counts as unique
- Repeat requests that are refused at departmental screening
- Missing the brief window between ART decision and removal
- Not coordinating the bridging visa status through the assessment period
Run this workflow on a real matter
Quillio drafts intervention requests against current ministerial guidelines with evidence checklists for each unique factor. See /practice-areas/immigration-lawyers.
This workflow is a general guide. Ministerial intervention is a last-resort avenue and the discretion is personal, non-compellable, and non-reviewable.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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