Who can request for the Ministerial intervention?
The option to request for a Ministerial intervention may apply to an individual who has:
- received a decision by review tribunal
- previously been refused or deny a protection visa or;
- his protection visa has been cancelled
What to know about the guidelines for this option
The guidelines for this option serve as the description of the case types that might be referred for the consideration of the Minister. An assessment and request are made against the said guidelines. In connection to this, requests that do not meet the guidelines are finalised. Most requests do not meet the guidelines and are not referred to the Minister. Other things to consider before attaining a ministerial intervention decision include:
- the Minister has described the kinds of unique or extraordinary circumstances in which a particular case might be referred for the consideration of the minister
- the guidelines indicate that specific cases that do not meet the guidelines for referral are unsuitable for consideration
- the Minister has described the cases’ conditions in the guidelines.
- the Minister is expecting the Government to finalise such requests minus further processing
The things to know about judicial review
If the Department sends a person notification in a decision letter that he has been refused the visa or his visa has been cancelled, and he is qualified for judicial review of the decision, he should quickly act if he aims to apply for a review of that particular decision. This is for the reason that there is a time restriction as to when there should be a lodging of the application to make it reviewable by the AAT. The AAT cannot make an extension with the date when the application for the Administrative Appeals Tribunal (AAT) for a review of the decision must be made. Appropriate form must be completely filled out and a corresponding fee must also be paid for within the time limit set.