Master prompt
Unlawful non-citizen recovery + Ministerial Intervention (Australia)
Client has become an unlawful non-citizen (visa expired without lodgement, or visa cancelled under s.116/s.137). Map the BVE + s.351/s.417 ministerial intervention pathway.
AustraliaVisa extensionUnlawful non-citizenBVEMinisterial interventionSection 351
[CLIENT_NAME] became an unlawful non-citizen on [STATUS_LOST_DATE]; today is [CURRENT_DATE]. Australia has NO statutory restoration window equivalent to Canada's R182 — recovery is at ministerial discretion only.
§1 — IMMEDIATE TRIAGE
Days unlawful = compute days between [STATUS_LOST_DATE] and [CURRENT_DATE].
Three immediate paths:
PATH A — Apply for Bridging Visa E (BVE — subclass 050) immediately
• Form 1008 (Application for a Bridging Visa)
• Permits lawful presence while resolving status
• Does NOT permit work UNLESS specific compelling financial need granted (cl.050.612A)
• Reports client to Department — be sure first (do not lodge if client could leave voluntarily without re-entry consequences)
PATH B — Voluntary departure under s.198 (deemed)
• If unlawful < 28 days at departure: may not trigger 3-year exclusion period (s.501 / PIC 4013)
• If unlawful 28+ days: 3-year exclusion under PIC 4013 generally bites
• Recommended if no compelling circumstances + no AU-citizen family
PATH C — Ministerial Intervention under s.351 / s.417
• Available AFTER an AAT refusal (so requires prior substantive application that has been refused, then reviewed)
• Personal, non-compellable, non-reviewable power of Minister
• For "unique or exceptional circumstances"
• Very low grant rate (< 5%); long timeline (6-18 months)
Recommendation depends on [COMPELLING_CIRCUMSTANCES] and [REASON_STATUS_LOST]. State the recommended path explicitly with one-sentence rationale.
§2 — BRIDGING VISA E (BVE) APPLICATION
Form pack:
A. Form 1008 (BVE application)
B. Photocopy of:
• Passport biographical page
• Most recent visa grant + cancellation notice (if cancelled)
• Australian arrival records
C. Statement of circumstances — see §3
D. Evidence of compelling circumstances: [COMPELLING_CIRCUMSTANCES]
• Medical certificates
• AU citizen/PR family member documentation
• Birth certificate of AU-born child
• Family violence evidence (if applicable — DV provisions in Migration Regulations)
E. Evidence of identity (multiple — Department flags absconding risk)
F. Address evidence (lease, utility bill)
G. No VAC for BVE itself, but separate application fees if combined with substantive visa application
BVE may carry condition 8101 (no work) or, in compelling cases, work rights with condition 8104.
§3 — STATEMENT OF CIRCUMSTANCES (300-500 words)
Address Department's review:
(a) Honest account of how status was lost — use [REASON_STATUS_LOST] verbatim
— Do NOT minimise; do NOT exaggerate
— Active voice ("I failed to lodge", not "lodgement did not occur")
(b) Why immediate departure is not feasible:
— Medical condition (with treating doctor letter)
— Caring responsibilities for AU citizen/PR family
— AU-born child (citizenship rights)
— Active matter before a Court / Tribunal
(c) Compelling/compassionate factors: [COMPELLING_CIRCUMSTANCES]
(d) Steps client is taking to regularise status:
— Engaged MARA-registered migration agent
— Identified pathway (s.351 intervention; new substantive visa offshore; partner sponsorship; etc.)
— Timeline (specific dates, not "as soon as possible")
§4 — IF EMPLOYMENT DURING GAP
If No indicates "Yes":
• Material misrepresentation risk — Department likely already aware via Single Touch Payroll / TFN data
• Full disclosure in statement of circumstances
• Cease work immediately
• Employer may face civil penalties under s.245AC (Migration Act) for employing unlawful workers
• Concealment = PIC 4020 misrepresentation finding = 3-year exclusion period
§5 — MINISTERIAL INTERVENTION (s.351 / s.417)
When available:
s.351 — Substitution of more favourable AAT decision (general migration)
s.417 — Substitution of more favourable AAT decision (protection)
s.501J — Substitution of refusal/cancellation decision
Threshold: "unique or exceptional circumstances" — guidance under PAM3 includes:
• Length of residence in Australia
• Strong AU citizen/PR family ties (especially AU-born minor children)
• Severe medical condition with no equivalent treatment in home country
• Significant contribution to Australian community
• Genuine hardship if returned
• Mistakes by Department or AAT that AAT could not correct
Process:
• Application via Form 1454 / 1455 (or letter) to Minister
• Department prepares ministerial submission with recommendation
• Minister considers — non-compellable; no right to be heard; no review
• Decision: refuse to intervene; grant a visa under s.195A; substitute AAT decision
Realistic expectation:
• <5% grant rate
• 6-18 months timeline
• Repeat applications generally not considered
If [COMPELLING_CIRCUMSTANCES] is weak: do NOT recommend ministerial intervention; recommend voluntary departure + offshore re-application.
§6 — DEPARTURE + EXCLUSION PERIOD
Under PIC 4013:
• Unlawful 28+ days at departure → 3-year exclusion from re-entry as substantive visa holder (waiver available in compelling/compassionate circumstances under PIC 4013(3))
• Unlawful <28 days OR exempt class: no exclusion
Under PIC 4014:
• Removed from Australia (compulsory departure) → 3-year exclusion (waiver more restrictive)
Under s.48:
• Person with visa refused/cancelled while in Australia → barred from most onshore further applications (limited exceptions: partner, protection, child, etc.)
§7 — OUTCOME SCENARIOS
• BVE granted → client lawful, no work right; pursue offshore re-application OR ministerial intervention
• BVE granted with work right → can support self while waiting
• BVE refused → client must depart; may be detained under s.189
• Voluntary departure → 3-year exclusion may apply per §6
• Ministerial intervention granted → s.195A visa issued (varies by category)
• Ministerial intervention declined → no further onshore pathway typically; depart
§8 — IRON RULES
• Concealment of unlawful work / family / identity = misrepresentation = 3-year ban
• Do not promise the client a specific outcome — ministerial intervention is discretionary
• If client has AU-born minor child: highlight child's citizenship + best-interests considerations
• If detained under s.189: contact migration agent for urgent representation; AAT review of detention available under limited circumstances
End with: "DRAFT unlawful non-citizen recovery package — for MARA-registered migration agent review. Ministerial intervention has a low success rate; do not raise client expectations. Cross-check PIC 4013 / 4014 exclusion period applicability and current ministerial intervention guidelines before client submission. Departure strategy may be more honest than recovery strategy in many cases."Unlock the vault to see the full prompt