The Australian Government has introduced updated guidelines for submitting requests for Ministerial Intervention under the Migration Act 1958. The reforms aim to provide a more structured and legally robust framework and improve transparency.
On 4 September 2025, Minister Tony Burke signed three new Ministerial Instructions covering:
- Requests for the Minister’s intervention power under sections 351 and 501J.
- Processing requests for Ministerial Intervention under subsection 46A(2).
- Processing requests for Ministerial Intervention under subsection 48B(1).
These updates follow the Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 case, which invalidated the use of subjective criteria for referring requests to the Minister. The new guidelines aim to establish clear and objective referral criteria, strengthen discouragement of unmeritorious requests, and ensure transparency in decision-making.
Key Changes and Processes:
- Pre-Davis Caseload: All existing Ministerial Intervention requests impacted by the Davis case, as well as those under sections 351 and 501J, will be finalised using Personal Procedural Decisions (PPDs), except for cases specifically exempted. Applicants whose requests are closed will have the opportunity to lodge new applications under the revised guidelines.
- Post-Davis Caseload: Requests will be assessed against the new objective criteria and either progressed for Ministerial consideration or closed.
These measures aim to create a more consistent, legally sound, and transparent process for Ministerial Intervention requests.