Section 351
Applies to most migration decisions. Minister has discretion to substitute a more favourable decision for an ART decision.
Sections 351 & 417 Migration Act · Last Resort
Ministerial intervention is Australia's last resort when normal processes have ended.
The Minister for Immigration has discretionary power to substitute a more favourable decision in exceptional cases. Requests are not common and not often successful. Our Immigration Lawyer Prateek Maan leads these submissions.
What intervention is
A discretionary power. Not a right of review.
Sections 351 and 417 of the Migration Act empower the Minister to substitute a more favourable decision for the ART in specific circumstances.
Section 417
Applies to protection visa decisions. Similar discretionary power reserved for refugee and complementary protection matters.
Entirely discretionary
The Minister is not required to consider intervention requests and is not required to grant intervention. There is no right to a response.
Not a right of review
Intervention is not an appeal pathway. It is an extraordinary remedy reserved for cases that fall outside normal decision-making frameworks.
When intervention may be appropriate
Three scenarios. Not a long list.
The Minister's guidelines identify specific categories. Cases outside these rarely succeed.
Exceptional compelling and compassionate circumstancesSevere health issues, family situations involving Australian children, and other extraordinary circumstances fall into the intervention category.
Cases where the law produces unjust resultsSometimes strict application of migration law produces results that seem unjust given specific circumstances. Intervention exists for these.
Circumstances not foreseeable when the ART decidedSignificant new circumstances arising since the ART decision can support intervention.
Not for disagreement with ARTDissatisfaction with the ART's decision on its merits is not a basis for intervention. Nor is the ability to argue the case more strongly.
What an intervention request includes
Five components. Legal preparation matters.
Intervention submissions are complex. They succeed on structure and evidence, not volume.
Exceptional circumstances narrative and guidelines
Clear presentation of why the case falls outside normal migration decision-making. Engagement with the Minister's intervention guidelines and statutory framework.
Supporting evidence across domains
Medical, family, psychological, character, and compliance evidence. Evidence that the applicant has complied with Australian law and is of good character.
Impact evidence
Evidence of the impact on Australian family members, children, and the broader community if intervention is not granted.
Ministerial intervention requests are granted in a small percentage of cases.
The exact numbers vary by year and Minister, but historically fewer than 10% of intervention requests succeed. This reflects the exceptional nature of the power. It is not a routine pathway. But for the right case, it can be the only remaining option and sometimes produces life-changing results.
Common questions
The questions we hear most.
For intervention submissions, book with our Immigration Lawyer Prateek Maan.
How long do I have to lodge an intervention request?
There is no strict legal deadline in most cases. However, prompt lodgement after the ART decision is advisable, particularly because bridging visa arrangements and other status issues are time-sensitive.
Does lodging intervention extend my bridging visa?
Not automatically. Bridging visa arrangements after ART decisions are complex and depend on specific circumstances. We assess this case by case.
Is intervention free to apply for?
There is no Department fee for most intervention requests. However, legal preparation costs apply. Unlike ART and Federal Court, there is no government filing fee.
Can I appeal a refusal of intervention?
No. The Minister's decision not to intervene is not reviewable in most cases. This is why intervention is a last resort, not a routine pathway.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.