Second chance for Ministerial intervention requests

A very important case was decided by the High Court of Australia on 12 April 2023. This case found that a decision not to refer a case to the Minister for intervention cannot be made by a Department officer; this power, by law, was only given to the Minister himself.

This means that any person who has applied for ministerial intervention after 2016 and their case was not referred to the Minister by a Department officer would lawfully have a case that has not yet been finalised. This would open the gateway for clients to provide further up to date evidence about their life circumstances and other unique or exceptional circumstances for the Minister to consider.

If this situation applies to you, please contact Ray Turner Immigration Lawyers on (02) 8223 6500 to book a consultation so we can assist you.

Please find attached relevant High Court case – Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and DCM20 v Secretary of Department of Home Affairs [2023] HCA 10