The Minister for Immigration and Citizenship, the Hon Tony Burke MP, has issued new Ministerial Instructions and Personal Procedural Decisions (PPDs) under sections 351, 501J, 46A, and 48B of the Migration Act 1958.
These new instructions were issued on 4 September 2025 and 17 September 2025, and took immediate effect. They replace the previous Ministerial guidelines issued in 2016 (for sections 351, 501J, and 48B) and 2017 (for section 46A).
Ministerial Intervention requests lodged before 12 April 2023
If your Ministerial Intervention request was lodged prior to 12 April 2023, and:
- The Minister is not already personally considering your case, and
- You are not listed in the annexure to the decision,
then the Minister has decided not to consider your request, and your case will be finalised by the Department.
Ministerial Intervention requests lodged from 12 April 2023 to 3 September 2025
If your request was lodged between 12 April 2023 and 3 September 2025 (inclusive), and:
- The Minister is not already personally considering your case, and
- Your case is not part of a class of requests to be referred, and
- You are not listed in the annexure to the decision,
then the Minister has decided not to consider your request further.
Regardless of the outcome, you will be formally notified by the Department.
Submitting a New Request
If your previous request has been finalised under the Minister’s PPDs, you may lodge a new request. However, all new requests will be assessed under the updated Ministerial Instructions, to determine whether they meet the criteria for referral to the Minister. Legal advice from an experienced immigration lawyer is recommended.
When you can make a request?
You can make a request for Ministerial Intervention if you have received a decision by either the:
- Administrative Review Tribunal (ART)
- Administrative Appeals Tribunal (AAT)
The minister’s powers are not available if:
- there is no review decision by a merits review tribunal (ART);
- a minister has already intervened to grant a visa;
- the review decision has been quashed by a court;
- a tribunal has returned your case to us for further consideration and the Department of Home Affairs (DHA) have made a subsequent decision on your case.
Who can make a request?
You, or your immigration lawyer/authorised representative, can make a request for Ministerial Intervention.
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