Merchants Prosperity
Lawyer Practitioner Number: P5512330
Lawyer Practitioner Number: P0031769
Mara Number:0741684
Immigration minister appeal
If a visa is refused and an appeal to the AAT fails, you can continue to appeal to the Federal Circuit Court (FCC), or you can ask the Immigration Minister to intervene. If the minister agrees to intervene, the applicant is generally granted a visa. The ministerial intervention, together with the first trial of the Immigration Department, the review of the Office of Review and the appeal hearing of the Federal Circuit Court, constitutes the complete immigration law system in Australia, reflecting the fairness of Australia's immigration law. The USCIS and the Office of Review focus on the legal aspects of an application, the Federal Court is responsible for judging the legality of the USCIS and the Office of Review methods, and the Minister of Immigration may consider granting an application on humanitarian grounds, even if the application is not qualified from the perspective of immigration law.
The success rate of ministerial intervention is not high. The minister intervenes only in cases considered to be exceptional.
Its requirements include:
As the Australian government is a party to the Convention on the Rights of the Child, if the applicant, as a guardian of a minor, is refused a visa and forced to leave Australia, whether the child's rights and interests will be harmed to some extent;
Whether the applicant has serious physical and mental health problems that require him or her to remain in Australia and otherwise cause irreparable harm to the applicant;
Whether the applicant is unable to return to his or her country of origin for the following reasons: the applicant may be subjected to inhuman treatment or punishment, may face the death penalty, and the applicant's personal safety, dignity and human rights will be seriously threatened;
Whether the applicant has been in Australia for a long time and is well integrated into Australian society;
If the applicant stays in Australia, he or she will make a special contribution to Australia's economy, technology, culture or other fields.
In addition to the above requirements, the Immigration Minister will also consider:
Does the applicant pose a threat to Australian national security?
Does the applicant have any criminal record in Australia?
Has the applicant been complying with the visa conditions in Australia?
Any other conditions that will be considered.
Here are the basic procedures for "ministerial intervention" :
Nature: "Request" for intervention (not an immigration application);
Application fee: None;
Eligibility: You are only eligible to request ministerial intervention after an unsuccessful appeal to the AAT;
Trial period: 3-6 months;
Visa: Pending the outcome of the Ministerial intervention process, applicants may apply for a Bridging visa Category "E" visa.
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