Ministerial Intervention Australia

13 day(s) ago
Main Category: News
Sub Category: Breaking News

If your visa application has been refused by the Department of Home Affairs and the refusal has been affirmed by the Administrative Appeals Tribunal, you may either consider judicial review or ministerial intervention. For many applicants, judicial review is not a viable option by the reason of jurisdictional errors being absent in the Tribunal’s decision.

Under the Migration Act 1958, the Minister has the overarching powers to overturn decisions of the Tribunal and grant visas. Nevertheless, this discretion is not exercised lightly, with the vast majority of the applications failing well before they are personally considered by the Minister. Even if reviewed by the Minister, the intervention will only occur if the applicants establish exceptional circumstances.




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