# Ministerial Intervention



## red55199 (Jan 25, 2014)

Hi every one,

Does any one know about Ministerial Intervention on visa refusal from MRT due to not satisfying the health requirements. My best friend Visa was refused because of his HIV status. His migration agent is planning make a submission to Minister in intervene on his case under section 351.

whats is the success rate of 351 section any advises and suggestions are appreciated.

Thanks.


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## ProblemChild (Mar 12, 2013)

*Official Statistics*



red55199 said:


> Hi every one,
> 
> Does any one know about Ministerial Intervention on visa refusal from MRT due to not satisfying the health requirements. My best friend Visa was refused because of his HIV status. His migration agent is planning make a submission to Minister in intervene on his case under section 351.
> 
> ...


Hi red55 199

The success rate of Ministeial intervention differs depending upon the Minister at the time. I think we have not had enough experience with the current Minister so we have to wait and see.

As for the past statistics, there is the Department official statistics published on the web.
<http://www.immi.gov.au/media/publications/statistics/ministerial-intervention/>

It is surprisingly high rate of success in the statistics differing from my understanding of the success rate (somewhere between 2 and 8 %). I cannot stop suspecting that the Department only counted the requests actually presented to the Minister while in fact, the Department rejected most requests without passing on to the Minister.

I hope some experienced migration agnet will follow up.

PC

PS - I once got a visa under s 351 after the Commonwealth Ombudsman had persuaded the Department to recomend the Minister to intervene.


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## red55199 (Jan 25, 2014)

Hi PC,
Thanks for the information. The only good thing for my friend is he got 457 but he still want make submission to Minister Intervention. He is sure that he will get PR by applying Visa 186 after years because 186 visa have health waiver. But 2 years is long time and he is highly skilled and contributing taxes and he will never become a Bordon from AUS community because he can take of himself and he got our support as well.

Do you think Immigration dept will recommend this issue to Minister, what if dept refuse the request to Minister Intervention, how he knows that about our request? does support letters from local Federal MP is worth full?

Have you seen these kind case were successful on past, does minister really interested on our submission on ground of skills?

Thanks


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## ProblemChild (Mar 12, 2013)

red55199 said:


> Hi PC,
> Thanks for the information. The only good thing for my friend is he got 457 but he still want make submission to Minister Intervention. He is sure that he will get PR by applying Visa 186 after years because 186 visa have health waiver. But 2 years is long time and he is highly skilled and contributing taxes and he will never become a Bordon from AUS community because he can take of himself and he got our support as well.
> 
> Do you think Immigration dept will recommend this issue to Minister, what if dept refuse the request to Minister Intervention, how he knows that about our request? does support letters from local Federal MP is worth full?
> ...


Hi red

It is standard to attach supporting letters from other Ministers and/or a local MP, the employer, colleagues and community people (church, volunteer organisations etc) as well as ATO's tax assessment letters and certified copies of your qualifications etc. My own experience is that those are simply ignored.

The problem your friend faces is a matter of sentiment. The Department does not want to admit its mistake so that it will most likely to make exactly the same submissions and recommendation to the Minister as it made to the Tribunal, namely the reason of the initial refusal.

What we do not know is whether or not the current Minister (I heard that the Assistant Minister is the one who is dealing with Ministerial intervention though) actually look at the case. In the past, some Minister did and some simply followed whatever told by the Department.

Given that the current Government got in very recently, I suspect that no migration agent has sufficient experience to forshadow the precise action of the (Assistant) Minister. But we never know. Someone may reply to you.


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## red55199 (Jan 25, 2014)

Hi PC,
Thanks for the infomation


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## Needhelp (Jan 30, 2014)

*Partner visa (mrt) refusal*

Hi I got married in 2010 , my wife is aus citizen while I am from india .. I applied for partner sponsor 
Visa .. I was asked to provide the documents which where submitted by my lawyer at time 
But my case officer did a blunder and rejected my file by saying she didn't get the document s on time but my agent gave the proof that documents being received by dept on time and it's her fault that she couldn't locate them !! Which later on she aggreed and she apologise and said she would take rejection back but next day she replied the law doesn't allow to take the rejection back so I have to lodge a mrt which I did ...and while I wa waiting for mrt decision I had no work rights so eventually my relation went worst cause I was not able to support my wife financially .. We separated without divorce and when mrt wanted to see us both .. We were not there because of the fights a nd stress we were not even talking to each other .. And finally mrt rejected my file !! I am still married to her it's been 4 years .. Can someone tell me where is the ray of hope for me ? Can I do something ...


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## Maggie-May24 (Jul 24, 2011)

What is the status of your relationship now? If you are still separated, I don't see much hope for you to successfully be granted a partner visa. If you are back together and your relationship is healthy, I'd suggest you speak with a migration agent to see if there are any options.


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## Needhelp (Jan 30, 2014)

No we r not together ... I know I won't get positive answer for my appeal .. But I wanted to know that even it was my case officer s fault in the begining which made me go through mrt .. There is nothing which should go in my favour


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## red55199 (Jan 25, 2014)

Hi,
I'm soo surprised how come u lost your work rights while u r with MRT.
I was with MRT before and I got my work rights.
One more this is , r you doing a submission to Minster Intervention 
Thanks


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## Maggie-May24 (Jul 24, 2011)

Needhelp said:


> No we r not together ... I know I won't get positive answer for my appeal .. But I wanted to know that even it was my case officer s fault in the begining which made me go through mrt .. There is nothing which should go in my favour


I don't think ministerial intervention would serve any purpose if all you want to prove is that your case officer made an error. Unfortunately, I think if you want to immigrate to Australia, you're going to need to find another route.


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## Needhelp (Jan 30, 2014)

Well I am already in aus ... And now about to go for minister intervention .. Will I get work rights while I wait for decision ?


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## ash_bas2002 (Jul 1, 2014)

hi, 

I have a visa matter that wanted to share it with you, any idea please get back to me. 

I applied for minister intervention in Saturday 2013 in order to appeal my refused 485 visa (Graduate Visa). I have been waiting for him to get back to me but no update so far... 

Any idea how long it might take ( I know no one knows how long, but similar experience might ease the guess) to hear back from him ? and also where can I find the updated ministerial intervention statistics file in immigration system, seems the last one dates back to last year. 

Regards,


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