Helping You Call Australia Home
Call Us Today: 02 9291 9288

Ministerial Intervention (351/417)

You may make a request of the Ministerial for Immigration to intervene in your case if you have been refused your visa application by the MRT, RRT or AAT. You must lodge your request within 28 days of being refused your visa application.

You may request intervention from the Minister for Immigration under Section 351 or Section 417of the Migration Act.

If your first request for intervention has been denied, you may have the option of making a second request in certain circumstances. The Australian Government does not charge a fee for the request.

You may apply for a Bridging visa and seek permission to work.

You may be eligible for Medicare.

If you make a request under Sections 351 or 417:

The Minister for Immigration may exercise his discretion to substitute a more favourable decision than the Migration Review Tribunal or Refugee Review Tribunal which is in the public interest in accordance with Sections 351 or 417 provided that you satisfy one or more of the following unique and exceptional circumstances :

  • Strong compassionate circumstances such that failure to recognise them would result in irreparable harm and continuing hardship to an Australian family unit (where at least one member of the family is an Australian citizen or Australian permanent resident) or an Australian citizen.
  • The length of time the person has been present in Australia (including time spent in detention) and their level of integration into the Australian community.
  • The age of the person.
  • The health and psychological state of the person.
  • Exceptional economic, scientific, cultural or other benefit to Australia.
  • Circumstances that may bring Australia’s obligations as a signatory to the Convention on the Rights of the Child (CROC) into consideration.
  • Circumstances that may bring Australia’s obligations as a signatory to the International Covenant on Civil and Political Rights (ICCPR) into consideration.
  • Circumstances that the legislation does not anticipate.
  • Clearly unintended consequences of legislation.
  • Intended, but in the particular circumstances particularly unfair or unreasonable consequences of legislation.
  • Where there is a threat to a person’s personal security, human rights or human dignity on return to their country of origin, including:
  • Persons who may have been refugees at time of departure from their country of  origin, but due to changes in their country, are not now refugees and it would be inhumane to return them to their country of origin because of their subjective fear.
  • For example, a person who has experienced torture or trauma and who is likely to experience further trauma if returned to their country.
  • Persons who have been individually subject to a systematic program of harassment or denial of basic rights available to others in their country, but this treatment does not constitute Refugee Convention persecution as it is not sufficiently serious to amount to persecution or has not occurred for a Convention reason.
  • Substantial grounds for believing a person may be in danger of being subject to torture if required to return to their country of origin, in contravention of the International Convention Against Torture (CAT).

The Minister for Immigration will balance these circumstances against threats to Australian security;  whether you are able to access protection in another part of your own country; character concerns, your right of residence and entry into a third country, and the degree to which you have cooperated with the Department of Immigration in the past.

Copyright

Copyright © Andronicos Lawyers