Special Direction Request under Section 378

​When you tried reconsideration and failed, and you are unlawful, you try a section 61 request. If this request is failed, you seem like you run out of options. 

In this case, we can try this Ministerial Intervention (or special direction request under Section 378), which the Associate Minister of Immigration performs on behalf of the Minister of Immigration.

The Associate Minister of Immigration will not usually agree to look at a case unless all options have been exhausted. Or you will be asked to try other options first before you try this Ministerial Intervention. 

Due to the recent scandalous handling of Czech drug runner Karel Sroubek's deportation appeal, the current Minister of Immigration has ordered officials to take over more decision-making from him following the below recommendations.
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The five recommendations are:
  • Where a decision is to be made by the Minister, rather than a delegated decision maker (DDM), which has factual or legal complexities, or is unusual or novel, the Minister should request and receive advice from INZ officials (as and when the Minister considers necessary).
  • INZ's Resolutions team should have a limited inquiry function to check or corroborate the veracity of the information provided to INZ.
  • A simplified two-stage process could be applied to criminal cases where the offence is relatively minor.
  • Consideration should be given to shifting the DDMs process in automatic liability cases (involving more serious offending) to after an appeal option to the Immigration and Protection Tribunal (IPT) has been exercised or lapsed.
  • Other process changes could be made, including sending copies of relevant evidence to a client who faces deportation, obtaining a final Summary of Facts in relation to all criminal cases, and streamlining certain administrative processes.

Therefore, nowadays, many ministerial interventions have been delegated to DDM (delegated decision-makers) under the Immigration Act 2009. The Minister of immigration and the associate Minister has key decision making responsibility under the act. Still, in practice, many of the decisions are delegated to immigration officers to ensure the smooth running of the immigration system. 

For this Ministerial Intervention, you will need to provide a full account of the current situation and explain what exceptional circumstances exist that might lead the Minister and the Associate Minister to intervene in a case and make an exception to immigration instructions.

"Not all is lost when your immigration case doesn't go your way.
With Immigration Trust, there's always another door."

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