What is ministerial intervention?
Ministerial intervention is a personal power under section 351 of the Migration Act 1958. The Minister may replace an Administrative Review Tribunal decision with one more favourable to the applicant if the Minister thinks that doing so is in the public interest.
Section 351(1), (3) and (7) of the Migration Act distinguish the power, its personal exercise and the absence of any duty to consider exercising it. An applicant requests intervention; that request does not require the Minister to intervene, or even to consider intervention.
The current intervention powers under the Migration Act are section 351 and section 501J.
When can you ask for ministerial intervention?
Only after a merits review tribunal decision. Home Affairs’ “Ministerial intervention” page requires a decision from the ART or the former Administrative Appeals Tribunal.
A Department refusal alone is not enough. It follows from that requirement that, where no tribunal review was available and no tribunal decision exists, there is no section 351 request route.
There is also a separate referral stage. Under section 13 of the Ministerial Instructions, the Department refers qualifying requests to the Minister; it does not refer requests that do not meet those criteria. Referral and the Minister’s decision are distinct steps, and section 351 of the Migration Act imposes no duty on the Minister to consider intervention.
The Ministerial Instructions under section 351
The current document is titled Ministerial Instructions under sections 351 and 501J of the Migration Act 1958. Home Affairs’ “Ministerial intervention” page, updated 23 September 2025, records that the Instructions were issued on 4 September 2025 and the amended version on 17 September 2025, effective on signing.
These Instructions replaced the Minister’s Guidelines on ministerial powers dated 11 March 2016, according to Home Affairs’ “Ministerial intervention” page. Older explanations based on those Guidelines should not be treated as explanations of the current referral process.
Section 13 sets out which requests the Department refers to the Minister. Read its actual wording in the Instructions available through the Home Affairs page: this guide does not reproduce or summarise those criteria.
Home Affairs also records that Personal Procedural Decisions made on 4 September 2025 finalised many requests lodged before that date. If you have an earlier request, check its correspondence rather than assuming it remains pending.
How to make a ministerial intervention request
Start with the tribunal decision. Home Affairs’ “Ministerial intervention” page requires an ART or former AAT decision before a request.
Read section 13 of the Instructions. Home Affairs identifies this section as the referral criteria. Assess the request against the current Instructions, not the replaced Guidelines.
Prepare certified copies. Follow Home Affairs’ certified-copies guidance for the eligible certifier, certification wording and identifying details. Ordinary copies prepared for an online visa application are not a substitute.
Arrange NAATI-accredited translations. Home Affairs’ “Ministerial intervention” page requires translations of documents that are not in English.
Follow the current lodgement directions on Home Affairs’ “Ministerial intervention” page. Check that page for the submission method; this guide does not specify a form, email address or online channel.
Do not assume the request will receive ministerial consideration. Section 351 of the Migration Act gives the Minister no duty to consider exercising the power. The sources used for this guide do not establish a processing time, so no reliable waiting period is given here.
Rather than using a generic letter example, structure the request around section 13 and the tribunal’s findings—the decision that must exist before intervention is requested.
Section 417 and protection cases
Section 417 was repealed from 14 October 2024 by the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Act No. 38, 2024). Home Affairs’ “Ministerial intervention” page says former section 417 cases can still be dealt with under section 351.
After the ART affirms an 858 refusal: when a s 351 request is the remaining step
For a National Innovation visa (subclass 858), a section 351 request is open only once the ART has decided the review. Home Affairs’ “Ministerial intervention” page requires that tribunal decision.
Onshore applicants usually have access to ART review under sections 338(2) and 347A(2) of the Migration Act 1958: the application was made in Australia, the decision was not made in immigration clearance, and the applicant must be in Australia when seeking review.
For offshore applications, the available route follows from sections 338(7A) and 347A(3): the applicant must have been in Australia when refused and must be in Australia when applying for review. If those requirements leave you without review and without a tribunal decision, the ministerial intervention precondition is not met.
Other steps to assess after the ART decision are:
Judicial review: sections 477, 477A and 486A of the Migration Act set a 35-day application period. The court may extend time in the interests of justice.
A fresh EOI and invitation: Home Affairs’ EOI after-submission guidance permits re-submission only after a significant change in circumstances or new achievement claims, with withdrawal of the old EOI. Regulation 858.211 of the Migration Regulations 1994 requires a written invitation before a new visa application.
If section 48 of the Migration Act applies, being in Australia without a substantive visa after the relevant refusal restricts new applications. Class BX is not listed in regulation 2.12 of the Migration Regulations, so an 858 application must be made outside Australia in that situation. A pending or completed review does not lift the bar.
Advice: treat a ministerial intervention request as a step alongside, not instead of, any other option still open. The Minister’s lack of a duty to consider under section 351 makes it unsafe to rely on a request as a substitute for checking a court deadline.
Ministerial intervention and other options after an 858 refusal
The tribunal step comes first: read about reviewing an 858 refusal. For the broader decision path, see review and other options after an 858 refusal.
For eligibility, evidence and deadline checks, see where an Australian migration lawyer helps with your 858. The 858 visa guide explains the underlying National Innovation visa pathway.
Frequently asked questions
What is ministerial intervention in Australia?
Under section 351 of the Migration Act 1958, it is the Minister’s personal power to replace a tribunal decision with a more favourable decision in the public interest, with no duty to consider a request.
How long does a ministerial intervention take?
The sources available for this guide do not establish a processing time. Section 351 of the Migration Act gives the Minister no duty to consider a request at all.
What are the new ministerial intervention guidelines?
Home Affairs’ “Ministerial intervention” page identifies the Instructions issued on 4 September 2025 and amended on 17 September 2025. They replaced the 2016 Guidelines; Personal Procedural Decisions also finalised many earlier requests.
Can I ask for ministerial intervention without going to the ART?
Not without a tribunal decision. Home Affairs’ “Ministerial intervention” page requires an ART or former AAT decision first.
Do documents for a ministerial intervention request need to be certified?
Yes. Home Affairs requires certified copies and NAATI-accredited translations of non-English documents, unlike online 858 application documents, which do not need certification.
Is section 417 still available?
No. The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 repealed it from 14 October 2024; Home Affairs says former section 417 cases can be dealt with under section 351.
Ask an Australian migration lawyer to check whether the request meets section 13 of the Instructions and prepare certified, translated material that addresses the tribunal’s findings.