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The Australian Government has recently introduced significant updates to how Ministerial Intervention (MI) requests are handled under the Migration Act 1958.

On 4 September 2025, and subsequently 17 September 2025, the Minister for Home Affairs, Immigration and Citizenship, Hon Tony Burke MP, issued new Ministerial Instructions that replace the previous guidelines governing MI powers under sections 46A, 48B, 351, and 501J of the Act.

What has changed

• • The Department of Home Affairs will now assess MI requests against clear, objective criteria, rather than the previous “unique or exceptional circumstances” test.
  • Departmental officers can no longer initiate MI requests. Only properly made requests that meet the set criteria will be referred to the Minister.
  • The new instructions outline Personal Procedural Decisions (PPDs) from the Minister:
    • MI requests made before 4 September 2025 (for sections 46A and 48B) or before 12 April 2023 (for sections 351 and 501J) will not be considered, except in limited circumstances.
    • Individuals whose requests are affected by these PPDs will be notified directly or via public notice that their previous requests have been finalised.

What this means for visa applicants

• • If you had an MI request submitted before the above dates, it may now be finalised.
  • You can make a new MI request under the updated process. These will be assessed under the new, stricter guidelines to determine if referral to the Minister is appropriate.
  • Each case will continue to be considered on its individual merits, within the framework of the new instructions.

Next steps

For Tang Law clients who may be affected by these changes, our team will be in touch directly to provide tailored advice and guidance on your next options.

If you have questions or believe these updates may impact your matter, please don’t hesitate to contact our Migration Law team for assistance.