Migration law empowers the Minister for Immigration and Border Protection to revoke an adverse decision and to personally replace it with a more favourable decision, if he or she believes that it is in the public interest to do so.
The Minister of Immigration decides what is and what is not in the public interest.
The Minister has provided guidance on the types of unique and exceptional circumstances that could be brought to the Minister’s attention.
There are a number of types of unique or exceptional circumstances which the minister can review such as:
- Strong compassionate circumstances that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident.
- Exceptional economic, scientific, cultural or other benefit that would result from you being permitted to remain in Australia.
- Compassionate circumstances regarding your age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship.
- Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case.
There are many other circumstances that may be accepted. This is not an exhaustive list or legal advice. This is a general overview only.
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