Success Story 9 – Request for Ministerial Intervention (2)
Our client first met us following a refusal from the Minister to Intervene – he’d previously made a request to the Minister pursuant to s417 of the Migration Act that was refused where the Minister refused to exercise his public interest power.
At the time, our client was expected to attend the Department of Immigration compliance department with the expectation they had made adequate arrangements for their departure from Australia.
Following a careful review of our client’s documents, including a copy of the previous request made to the Minister, our migration agents formed the view that the previous request failed to articulate any of the applicant’s unique or exceptional circumstances where the Minister may intervene under the Migration Act.
In contrast, the writer of the first request had reiterated on our clients Protection and RRT visa decisions that we felt were irrelevant to the circumstances where the Minister could lawfully intervene.
The Department of Immigration and Border Protection’s procedures and advice manual confirms that the following factors are relevant in assessing whether or not this case involves unique or exceptional circumstances which can convince the Minister to intervene:
Our client was both the parent and grandparent of Australian citizens all of whom were able to demonstrate compassionate circumstances, such that a failure to recognize them would result in irreparable harm and continuing hardship to these individuals.
Due to the sensitive nature of the compassionate circumstances demonstrated in this submission, we have chosen to refrain from providing an overview of the particulars we lodged to the satisfaction of the Minister.
However, we confirm our migration agents received notice of the Ministers decision to formally intervene on 12 January 2017.
This particular case highlights the need to engage a highly experienced Migration Agent. As stated above, our client first approached us after he had already applied to the Minister and had been rejected. The Australian government had been expecting he make adequate arrangements for his departure.
If you are considering making a request to the Minister for his personal intervention, please do not hesitate to seek an honest appraisal from our Migration Agents about your prospects of success.