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Ministerial Intervention Australia 2026: Sections 351 and 48B Explained
Ministerial intervention refers to personal discretionary powers given to the Minister under the Migration Act 1958. It is not an ordinary visa application and it is not a general right of appeal after an unsuccessful migration case.
Section 351
Section 351 permits the Minister, if satisfied that it is in the public interest, to substitute a more favourable decision for certain Administrative Review Tribunal decisions. The power is personal and discretionary. The Minister is not generally required to consider exercising it merely because a request is made.
Home Affairs overview: Ministerial intervention.
Section 48B and repeat Protection visa applications
Section 48A generally prevents a non-citizen in the migration zone from making a further Protection visa application after a previous protection refusal or cancellation. Section 48B allows the Minister, if the Minister thinks it is in the public interest, to determine that section 48A does not prevent a further Protection visa application during the statutory period specified in the notice.
Legislation: Migration Act 1958 — sections 48A and 48B.
No duty to intervene
Ministerial intervention powers are exceptional discretionary powers. A request does not itself create an entitlement to a favourable outcome or require the Minister to intervene. Home Affairs also states that ministerial intervention is not a visa application.
Intervention and lawful status
Making an intervention request does not automatically grant a visa or resolve immigration status. Anyone considering a request should separately understand their current visa, bridging visa, removal and review position.
See the Australian Visa Subclass Database for the broader visa framework.
See also our Australian Migration Law Changes 2026 Timeline.
