The Minister has powers under the Migration Act 1958 in sections 351, 417 and 501J to replace a decision of a merits review tribunal on a person’s case with a decision that is more favourable to that person if the Minister thinks it is in the public interest to do so.

A person who has had a visa refusal or visa cancellation and has subsequently received an unsuccessful outcome at merits review may make a ministerial intervention request to the Minister for Immigration if they believe their circumstances are unique and exceptional.

Any request for ministerial intervention should be made as soon as practicable after receiving a negative AAT decision. Failure to lodge before the person’s Bridging visa expires will result in them losing any work rights they may have while the request is being processed.