Ministerial Intervention Updates: Migration Act 1958

Ministerial intervention acts as a last-resort safety net in Australia’s migration system. On 4 September 2025, new Ministerial Instructions under the Migration Act 1958 came into effect, revising how intervention requests are handled. These updates clarify the criteria for requests to be considered by the Immigration Minister and strengthen the discretionary nature of the process.

New Rules for Ministerial Intervention Requests

The updated guidelines replace the 2016 and 2017 instructions, introducing more objective criteria for MI referrals. Applicants must now ensure their requests meet all requirements before the Department refers them to the Minister.

Ministerial Intervention – Tightened Access from 19 September 2025

From 19 September 2025, new rules further restrict which cases are considered:

• Only cases involving urgent, compassionate, or internationally sensitive circumstances are likely to reach the Minister.

• Examples of eligible situations include:

  • Major human rights concerns

  • Serious medical issues

  • Urgent compassionate reasons

• Requests lacking urgent or extraordinary grounds are unlikely to be accepted.

Ministerial intervention remains discretionary and rare, serving as a last-resort option when all other appeal avenues have been exhausted.

Ministerial Intervention: Conclusion & Next Steps

The September 2025 updates to Ministerial Intervention under the Migration Act 1958 tighten eligibility and clarify the submission process. Understanding these changes is crucial for anyone considering an MI request.

If you have had a previous MI request finalised, or plan to submit a new request under the updated guidelines, book a consultation with our migration experts. We’ll guide you through the process, help ensure your request meets the new criteria, and provide personalised advice to maximise your chance of a successful intervention.

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