The current Australian Minister for Immigration (Mr Peter Dutton MP) has confirmed that the following types of visa related matters may be finalised without further his assessment as he considers them inapprorpiate to consider:
- repeat requests where there is migration-related litigation that has not been finalised, unless the case has been referred to the department by a tribunal for the Minister's attention;
- where it may be open to a person to make a valid application for a Partner visa onshore, as prescribed under Regulation 2.12(1) where an application for a Partner visa onshore, as prescribed under Regulation 2.12(1), has subsequently been refused
- where there is another visa application concerning the person ongoing with the department or a review application in relation to a visa application ongoing with a review authority
- where there is an ongoing Ministerial intervention request under a different public interest power covered by these guidelines
- where there has been a remittal or set aside from a review authority or from a court and a subsequent decision has not yet been made by the department or review tribunal which were decided by MIRO and are now at the AAT (Migration and Refugee Division)
- where the request is made by a person who is not the subject of the request or their authorised representative; and
- where the request is made only in relation to Australia’s non-refoulement obligations, unless the person is excluded from the grant of a Protection visa (PV) or has had a substantive visa cancelled or refused on character grounds.
Generally, The Minster has indicated that these cases should not be brought to his attention and may be finalised without further assessment.
