Ministerial Intervention
If you have had a visa refused, have appealed to the Migration and Refugee Review Tribunal and were not successful, it some situations you may be able to make a direct request to the Minister for Immigration and Border Protection. The Minister can make any decision he/she deems appropriate but will only do so in some very restricted situations.The key test as to whether you will succeed will be whether an Australian citizen or Permanent Resident will suffer to a very high level if you leave. There are situations but this is the most likely to succeed.
The Minister has provided guidance on the “unique and exceptional circumstances” he will consider for Ministerial Intervention. Do not think this is easy, you need a qualified and experienced registered migration agent to help you. They include:
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Circumstances that may bring Australia’s obligations as a party to the Convention on the Rights of the Child (CROC) into consideration.
Example: Your child, stepchild.
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Strong compassionate circumstances such that failure to recognise them would cause irreparable harm and hardship to an Australian citizen or permanent resident should you have to leave the country.
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Exceptional economic, scientific, cultural or some other benefit to Australia.
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Compassionate circumstances about your age and/or health and/or psychological state so that failure to take them into account would result in harm and hardship to you.
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Length of time you have been in Australia and your level of mixing into the Australian community.
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Circumstances that the legislation does not anticipate or that the application of the legislation leads to unfair or unreasonable results.
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You are not able, through a situation outside your control, to return to your country or usual residence.