The Department of Home Affairs has released updated Ministerial Instructions that significantly update the handling of Ministerial Intervention requests for sections 351, 501J, 46A, and 48B of the Migration Act 1958.
Sections 351 and 501J (Updated 17 September 2025)
New instructions amend those issued on 4 September 2025, for applicants seeking MI on s351 and s501J grounds.
Key changes include:
- Departmental officers can no longer initiate MI requests or assess ‘unique and exceptional circumstances.’
- Officers must now assess Ministerial Intervention requests strictly against clearly defined criteria outlined in the Minister’s Instructions.
Personal Procedural Decisions (PPD) for these sections:
- Ministerial Intervention requests made on or before 11 April 2023 will not be considered, except where:
- The request falls under a Personal Procedural Decision (PPD) or
- substantive public interest decision, or
- The individual is listed in an annexure to the PPD.
- Affected individuals will be notified individually or through public notification once their request is finalised.
- Individuals with finalised requests may submit new Ministerial Intervention requests if they meet the new criteria.
- Ministerial Intervention requests made on or after 12 April 2023 that meet PPD criteria will be referred for Ministerial consideration.
- All new Ministerial Intervention requests will be assessed against these updated criteria.
Sections 46A and 48B (Updated 4 September 2025)
- The Minister has decided it is not in the public interest to consider any Ministerial Intervention requests under s46A and/or s48B received before 4 September 2025, with a small number of exceptions that will continue to be processed.
- Affected individuals will be notified either individually or via a public notice on the Department’s website.
For more information on this click here:
Positive personal procedural decision (section 351 and 501J)
Negative personal procedural decision (section 351 and 501J)
PPD for Historic and Active MI Requests (section 351 and 501J)
Ministerial Intervention – sections 351 and 501J of the Act 1958