Eminent Migration can represent you to make a request for ministerial intervention (MI) if you have received a decision by a review tribunal. The MI appeal must be lodged within 28 days of the decision received. There are public interest powers contained in sections 351, 417 and 501J of the Migration Act 1958. These powers can only be used by the minister and are non-compellable. This means they act as a ‘safety net’ only and the minister is not legally bound to intervene, or consider intervening.

Appellants for MI usually have to report to their DIBP office to maintain their lawful status in Australia as MI application does not automatically extend the bridging visa of the MI appellant.

This is because the minister’s public interest powers need a review tribunal decision to exist before he can intervene. A ‘review tribunal’ means the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT).