New Ministerial Instructions – 4 September 2025
On 4 September 2025, the Hon Tony Burke MP, Minister for Home Affairs, Minister for Immigration and Citizenship, and Minister for Cyber Security, issued updated instructions to the Department of Home Affairs regarding the exercise of Ministerial Intervention (MI) public interest powers under sections 46A and 48B of the Migration Act 1958 (the Act).
These Ministerial Instructions replace the previous MI guidelines issued in 2016 for section 48B and in 2017 for section 46A. The new instructions, which took effect on the date they were signed, establish clearly defined and objective criteria against which the Department will assess MI requests. Requests will be referred to the Minister for consideration under the relevant section of the Act only if:
- the intervention powers are enlivened;
- the request is properly made; and
- the request is not deemed inappropriate for referral.
Minister’s Personal Procedural Decisions – Sections 46A and 48B
On the same day, Minister Burke made Personal Procedural Decisions (PPDs) under sections 46A and 48B. Under these PPDs, the Minister determined that it was not in the public interest to consider any MI requests received by the Department before 4 September 2025, with a small number of requests excluded from this decision and remaining ongoing. Individuals affected by the PPDs will be notified either individually or through public notification on the Department’s website that their MI request has been finalised.
New MI Requests
Any new MI requests—including those from individuals whose prior requests were finalised under the PPDs—will be assessed by the Department in accordance with the new Ministerial Instructions to determine whether they meet the criteria for referral to the Minister.