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Ministerial Intervention Request — Sections 351 / 417 Migration Act

After exhausting all merits review avenues, visa applicants or holders can write to the Minister for Immigration requesting the exercise of non-compellable ministerial intervention powers under sections 351 or 417 of the Migration Act to substitute a more favourable decision in the public interest.

Issuing authority

Department of Home Affairs (Minister for Immigration)

Official source

immi.homeaffairs.gov.au

Cost

Free (no government fee; legal representation costs apply separately)

Deadline

No statutory deadline — however requests should be lodged promptly after exhausting ART review; the Minister's Instructions set out current criteria (updated September 2025)

How to apply

  1. Confirm eligibility — a ministerial intervention request under s351/s417 is available only after a decision by the Administrative Review Tribunal (ART) or its predecessor, and only where all other merits review pathways have been exhausted (s351 applies to non-protection visa cases; s417 applies to protection visa cases including refugee claims)
  2. Understand the non-compellable nature of the power — the Minister has no obligation to consider or act on any request, and cannot be compelled to do so by any court or tribunal; success rates are very low and reserved for genuinely exceptional cases
  3. Prepare a written request addressed to the Minister for Immigration — the request may be made by the applicant directly or by their authorised representative (migration agent or lawyer)
  4. Structure the request around the criteria in the Minister's Instructions (updated September 2025 under Minister Tony Burke) — departmental officers now assess requests strictly against defined criteria only; 'unique and exceptional circumstances' submissions alone are no longer sufficient without meeting specified criteria
  5. Include all supporting evidence relevant to the humanitarian or public interest grounds — e.g., length of residence in Australia, family ties, health conditions, country conditions for protection cases, community contributions, hardship to Australian citizen family members
  6. Send the written request to the Department of Home Affairs Immigration Status Resolution Service — contact details and postal address available at immi.homeaffairs.gov.au/what-we-do/status-resolution-service/ministerial-intervention
  7. Await acknowledgement and assessment by departmental officers — there is no set processing time and no guarantee of a decision; the Minister acts entirely at discretion
  8. If the Minister decides to consider the case and exercises the power, they may grant a visa or substitute a more favourable decision; if the Minister declines, no further merits review is available and judicial review in the Federal Court on jurisdictional error grounds is the only remaining avenue

Related topics

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