Immigration Law | Agent Limits and AAT Intervention

A Sydney-based immigration agent can help you prepare all your requirements for your visa application, but the decision to approve still depends on the Australian government.

Ministerial Intervention

There are cases in which a Visa application case decision is intervened by the Minister. This does not mean that they are legally bound to do so. The Minister only considers intervening in the decision on a Visa application if it is in the public interest. There are only a few Ministerial Intervention which is successful.

The applicant can apply for Ministerial Intervention if they have received a decision by the Administrative Appeals Tribunal or if an applicant has had their Protection Visa application refused or cancelled.

Only the applicants with existing visas can be considered for Ministerial Intervention for Visa Application. The applicant’s request for intervention will not be considered if they do not have an existing visa.

Should the Ministerial Intervention for visa application be unsuccessful, the applicant will be expected

to exit Australia. This situation is out of your Sydney-based immigration agent’s control.

Ministerial Intervention for Visa and the AAT

If the AAT has reviewed your application then there may be an opportunity for the decision to be reviewed by the Minister. This also includes the former Migration Review Tribunal and the Refugee Review Tribunal if the decision was prior to 1 July 2015.

Here are the guidelines that the Minister when determining if a circumstance should be considered for intervention or not:

  • Any circumstances that may result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit when ignored.

  • Any circumstances that are related to the applicant’s age and/or health and/or psychological state that could result in serious, ongoing and irreversible harm and hardship when ignored.

  • If an applicant can bring exceptional economic, scientific, cultural or other benefits to Australia if permitted to remain in the country.

  • Any circumstance that is not under the control of the relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in the applicant’s case.

  • In the case that the applicant cannot be returned to their country of residency due to circumstances outside of the applicant’s control.

A case cannot be considered for Ministerial Intervention if the visa application contradicts the public interest of the county. For instance, when a person fails to comply with the conditions of their visa during their stay, if an applicant does not meet the character requirements, if the applicant has been proven to be a direct or indirect risk to national security or when a partner visa application is subject to an 8503 condition no further stay condition or the person is barred from applying for a Partner visa onshore.

In the case that you are barred from applying for a Partner Visa onshore, even the best immigration agent in Sydney would not be able to change the situation. You would have to comply with the

decision made regarding your application.

Refusal or Cancellation of Protection Visas

An applicant is only allowed to apply for one Protection Visa. In the case that their application is refused, they will no longer be allowed to apply for a second time. Protection visas include permanent Protections Visas, Temporary Protection Visas or Safe Haven Enterprise Visas.

The opportunity to apply for a review of a protection visa is only through the Administrative Appeals Tribunal. As an applicant, you are expected to have submitted all the relevant information upon your initial application.

Once you have submitted your application for approval, you can only ask your Sydney-based immigration agent for advice. An immigration agent can only make sure that your application process itself goes smoothly, but ultimately, the decision to approve is not something that is under their control.

If your application has been considered by the DIBP or the AAT, the Minister will no longer entertain your submission. Although, the Minister may consider intervening in the case of a protection visa if the circumstances surrounding the protection visa claims have changed and it cannot be addressed in the initial application or to the Tribunal.

Protection visa will not be considered in the following countries: Austria, Belgium, Canada, Cyprus, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Japan, Malta, Netherlands, New Zealand, Norway, Portugal, South Korea, Spain, Sweden, Switzerland, United Kingdom and the United States of America.

Unless the applicant is from Afghanistan, Iraq, Libya, Somalia, South Sudan or Syria, reviewing the Protection Visa decision may take at least six months.

Under the Migration Act, the Minister is given the power to allow a person who would otherwise be barred to make another application for a protection visa.

 

 

Get in Touch with Lawyers in Sydney

*All information displayed on the Executive Legal website is informational and shall not be deemed as legal advice. If you’re currently dealing with an individual legal situation, you’re invited to contact us through email or by phone. Until an attorney-client relationship has been established, we urge that you avoid sharing any confidential information.