Australia’s Ministerial Intervention process has undergone its most significant reform in years. On 4 September 2025, the Minister for Immigration and Citizenship, The Hon Tony Burke MP, introduced new Ministerial Instructions and Personal Procedural Decisions (PPDs) that change how refused visa applicants can request the Minister’s help.
If you are considering a Ministerial Intervention request or seeking options after a visa refusal, here’s everything you need to know about the new rules and how they may affect your case.
What is Ministerial Intervention?
Ministerial Intervention is a process that allows the Minister to personally review a case and, in rare situations, grant a more favourable decision when it is in the public interest.
Under the Migration Act 1958 (Cth), the Minister can intervene under:
Section 351 – General visa refusals
Allows the Minister to substitute a more favourable decision after an ART affirming a refusal.
Section 501J – Protection visa refusals
Allows intervention in protection visa matters where the ART has upheld the refusal.
Section 46A and 48B – Bar lift requests
Applicants blocked by the section 46A bar or section 48 bar can request the Minister to lift the restriction so they can lodge a valid visa application.
Important: The Minister’s powers are discretionary and non-compellable – meaning the Minister can choose not to consider or act on any request.
Why the 2025 Migration Law Changes Matter
A 2023 High Court decision (Davis v Minister for Immigration) ruled that DHA officers could not decide which cases should be considered by the Minister. This created processing uncertainty and delays.
The new Instructions issued in September 2025 aim to:
- restore administrative efficiency
- introduce clear and objective referral criteria
- reduce the backlog of old requests
- improve transparency for applicants
These changes reshape which cases will reach the Minister’s desk and which will be finalised by the Department.
New Referral Criteria for Sections 351 and 501J
The new Instructions establish two filters:
1.When a request is “inappropriate for referral”
A request will not be referred to the Minister if:
- it is unmeritorious or repeated
- the applicant is offshore
- the applicant is an Australian citizen or permanent resident
- the applicant does not hold at least a bridging visa
- another visa application is already pending
These requests will be finalised by DHA officers.
2.Positive referral criteria
A request must also meet one of the following to be eligible:
- Applicant is working in a relevant skilled occupation
- Applicant is an essential carer of an Australian citizen requiring care
- Applicant is a parent of an Australian citizen or permanent resident child
- Applicant arrived in Australia as a minor, has lived here for over 50% of their life, and would face mental or physical harm if returned overseas
Only requests that satisfy these criteria may be sent to the Minister on a full submission.
Changes to Section 46A and 48B Bar Lift Requests
Bar lift requests now follow the same referral process, but the criteria differ.
1.When bar lift requests are NOT referred
- Improperly made requests
- Repeated requests
- Requests made while another application is pending
2.When bar lift requests MAY be referred
Only exceptional circumstances (e.g. changes to non-refoulement obligations) will justify a full submission.
Most bar lift requests will instead be forwarded as summary submissions.
PPDs: Clearing the Backlog
The Minister has issued PPDs that finalise large groups of older requests:
Requests no longer considered
- Section 351/501J requests lodged before 12 April 2023 with no decision by 4 September 2025
- Section 46A/48B requests not decided before 4 September 2025
Requests the Minister WILL consider
Requests lodged between 12 April 2023 and 4 September 2025 may be considered if the applicant:
- is onshore,
- is unlawful or holding a bridging visa, and
- has no ART or Federal Court matters pending
Applicants in this group may reapply under the new framework if their request was finalised.
Key Takeaways for Applicants
- The new Instructions make the process more structured and transparent.
- Skilled occupation applicants now have a clearer pathway for referral.
- Ministerial Intervention remains highly discretionary – success is never guaranteed.
- Strong, evidence-based submissions are more critical than ever.
Need Help with a Ministerial Intervention Request?
The Ministerial Intervention process is complex – and now more technical under the 2025 reforms. A well-prepared request can significantly improve your chances of being referred to the Minister.
At Brightstone Migration, we are highly experienced in:
- Ministerial Intervention requests
- visa refusal appeal strategies
- section 46A and 48B bar lift requests
- submissions under sections 351 and 501J
- complex cases involving compelling or compassionate circumstances
If you have received a visa refusal or are considering a Ministerial Intervention request, don’t navigate this alone.
Contact us today to book a consultation and get tailored advice for your situation.
This article was prepared and written by our immigration lawyer team at Brightstone Migration and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to provide professional insights and commentary. The content is for reference only and does not constitute specific legal advice.
Last updated: 10/12/2025
