New Ministerial Instructions—requests for use of the Minister’s intervention powers

On 4 September 2025, Home Affairs Minister Tony Burke released his new Ministerial Instructions—requests for use of the Minister’s intervention powers under sections 351 and 501J of the Migration Act 1958.

The Minister has published the following list as his criteria for referring a request to a Minister. An individual of family seeking Ministerial Intervention must provide evidence that:

• Evidence is provided that the individual is the parent of an Australian citizen or permanent resident child who was a minor at the time of request.
• The individual:
  • Has skills required for a relevant skilled occupation;
  • Is currently working in that occupation;
  • Has provided required evidence.
• Former holder of a Subclass 188 visa and now meets the time-in-Australia criteria for Subclass 888 visa.
• Evidence that the individual is a carer of an Australian citizen with a Carer Visa Assessment Certificate (minimum impairment rating 30) and:
  • The person needing care has no eligible family in Australia;
  • Care services are otherwise unavailable.
• Excluded from, refused, or had a protection visa cancelled on character grounds, but a protection finding has been made under section 197C.
• Immediate family member of a child who:
  • Engages Australia’s non-refoulement obligations; and
  • Holds or held a protection or refugee/humanitarian visa.
• Under 18 and in the care of a State or Territory welfare authority.
• Would meet requirements of subclause 102.211(2) (Migration Regulations 1994) except for subparagraph (b)(ii), and was refused a visa for that reason.
• All of the following:
  • First entered Australia as a minor and has lived in Australia for at least 50% of life;
  • Commonwealth medical officer assessed return would adversely affect health;
  • No family in any country of residence/citizenship.
• Cannot return (or be returned) to country of citizenship or usual residence due to that country’s refusal to cooperate (e.g. refusal to recognise citizenship or issue travel documents).

If you have made or want to make an application for Ministerial Intervention, contact us for help. An application to the Minister is often a persons last chance to remain in Australia so don’t waste the opportunity with a weak application.