New Policy re. Ministerial Intervention

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New Policy re. Ministerial Intervention


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Old 04-13-2016, 02:19 AM
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New Policy re. Ministerial Intervention

New policy provisions regarding when the Minister will not exercise his intervention powers expand the classes of people who will not be able to successfully apply for intervention.

The new guidelines prevent a wide range of people successfully applying for ministerial intervention. Note that hat the revised guidelines are being applied to requests for intervention made before they were introduced.

Here are some of the new exclusions:

  •  the person is in the community and: is an unlawful non-citizen and remains an unlawful non-citizen throughout the course of their Ministerial intervention request; and/or does not cooperate in ensuring that a valid travel document is available (or has not satisfied the Department that they are stateless)
  • the person has been found not to satisfy a fraud-related Public Interest Criterion for the grant of a visa
  • the person’s visa has been cancelled because they breached their visa conditions
  •  the person has had a visa refused because they did not comply with the conditions of a previous visa
  • the person has been refused a visa or has had a visa cancelled on character grounds
  • ASIO has determined that the person is a direct or indirect risk to national security through issuing the person with an Adverse Security Assessment (ASA) which remains in effect
  • the person has left Australia
  • he person has an ongoing application for a substantive visa (either onshore or offshore) with the Department
  • the person’s review tribunal decision was in relation to the refusal or cancellation of a Bridging visa E
  •  a Notice of intention to remove has been issued to the person, and the Ministerial Intervention request has not been initiated by the Department
  •  the person holds a Bridging visa E with visa condition 8512, which specifies that the person must leave Australia by a specified date

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Last edited by CCMS; 04-13-2016 at 02:22 AM.

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Old 05-13-2016, 11:42 AM
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Hi, my partner had applied for ministerial intervention in Sept 2015 after being refused a partner visa due to not satisfying schedule 3. According to this, my partner would not be able to successfully apply for intervention, is that correct?

Quote:
Originally Posted by CCMS View Post
New policy provisions regarding when the Minister will not exercise his intervention powers expand the classes of people who will not be able to successfully apply for intervention.

The new guidelines prevent a wide range of people successfully applying for ministerial intervention. Note that hat the revised guidelines are being applied to requests for intervention made before they were introduced.

Here are some of the new exclusions:

  •  the person is in the community and: is an unlawful non-citizen and remains an unlawful non-citizen throughout the course of their Ministerial intervention request; and/or does not cooperate in ensuring that a valid travel document is available (or has not satisfied the Department that they are stateless)
  • the person has been found not to satisfy a fraud-related Public Interest Criterion for the grant of a visa
  • the personís visa has been cancelled because they breached their visa conditions
  •  the person has had a visa refused because they did not comply with the conditions of a previous visa
  • the person has been refused a visa or has had a visa cancelled on character grounds
  • ASIO has determined that the person is a direct or indirect risk to national security through issuing the person with an Adverse Security Assessment (ASA) which remains in effect
  • the person has left Australia
  • he person has an ongoing application for a substantive visa (either onshore or offshore) with the Department
  • the personís review tribunal decision was in relation to the refusal or cancellation of a Bridging visa E
  •  a Notice of intention to remove has been issued to the person, and the Ministerial Intervention request has not been initiated by the Department
  •  the person holds a Bridging visa E with visa condition 8512, which specifies that the person must leave Australia by a specified date


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Old 07-07-2016, 10:17 AM
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Hi CCMS,

i have a oz child, he's 6 yrs old, my tem. partner visa got cancelled in Nov 2010 just before my daughter was born , i was didn't know that the visa cancelled until March 2011 ,because i was living separately with my ex wife.
I tried to use the my Son's birth certificate to use it to apply for permanent resident visa, but my ex refused to add my name on the birth certificate . i went to immigration to seek for visa extension , they told me that my visa cancelled 6 month ago and now they only gave me 1 week to get out or apply for another visa. i was running against time , i had no option left , no option other applying for refugee and i did apply for protection in April 2011 , it got knocked back , i went MRT it got rejected.
My ex report me immigration about family violence and sort of bad accusations.

I submitted my file for ministerial intervention since Dec 2013, no reply yet .. too long ..
i don't have access to my Son, Family court is currently involve .
my ex is doing everything to foil my visa application, She refuse to cooperate with the court, she's still sending emails to the minister saying bad staff about me for the minister to reject my request.

do u think i have any chance with the minister ?, specially with the new minister guidelines new exclusions.


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Old 07-08-2016, 01:42 AM
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Quote:
Originally Posted by varataria View Post
Hi CCMS,


do u think i have any chance with the minister ?, specially with the new minister guidelines new exclusions.
I can't possibly answer that, as it would be pure speculation. It would really depend on why your visa was canceled in the first place. I have only done a couple of Ministerial Intervention requests in recent years and in both cases visas were granted within 6 months. I really only consider them where I believe there is a good chance of success.

https://www.border.gov.au/Trav/Refu/Mini#inappropriate

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Please do not send Private Messages.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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