Can I Appeal a Partner Visa Refusal?

Can I appeal partner visa refusal decisions? That is the first question most couples ask when the refusal letter arrives, and the answer is usually yes. If you are asking "can I appeal partner visa refusal outcomes made against me or my partner", this guide gives you the direct answer for each type of partner visa, explains the refusals that cannot be appealed, and sets out the strict deadline that applies.

The short answer to the question can I appeal partner visa refusal decisions is this. Most partner visa refusals are reviewable by the Administrative Review Tribunal (ART). The application for review must be made, and the application fee paid, within 28 days after the day you are notified of the refusal. The time limit is 7 days if the review applicant is in immigration detention on the day of notification. The deadline cannot be extended.

The right of review depends on three facts. The first is which visa was refused. The second is where the applicant was when the visa application was made and when the decision was made. The third is the legal power the Department used to refuse. This article works through each of those facts in turn. It is written for couples who still have time to act, so read the deadline section carefully and act early.

This article focuses on one issue: whether your particular refusal can be appealed at all. For a wider view of what to do after a refusal, see our guide to partner visa refused appeal options. For the firm's refusal and review service, see the page on partner visa refusal appeals.

Can I appeal partner visa refusal decisions in Australia?

Yes, in most cases you can appeal a partner visa refusal in Australia by applying to the ART for merits review within 28 days after you are notified of the decision. The Migration Act 1958 calls these decisions "reviewable migration decisions". Section 338 of the Act, and regulation 4.02 of the Migration Regulations 1994, list which decisions are reviewable and who may apply.

For most couples, the question can I appeal partner visa refusal decisions has a positive answer. Onshore refusals of the Subclass 820 and Subclass 801 visas are reviewable under section 338(2). Refusals of the offshore Subclass 309 visa are reviewable under regulation 4.02(4)(saa). Refusals of the Subclass 300 Prospective Marriage visa are reviewable, and regulation 4.02(4)(s) covers them. A Subclass 100 refusal is reviewable only if the applicant was in Australia when the decision was made and is in Australia when review is sought.

The refusal letter (the decision notice) must tell you whether the decision is reviewable, who may apply, and the time limit. Read that section of the letter first. It is the starting point for every answer in this guide. The rest of this guide answers can I appeal partner visa refusal decisions for each visa separately. If the letter says the decision is reviewable, the clock is already running.

When the decision is reviewable, the review is a genuine second chance. The ART is not limited to the evidence the Department had. It can consider new evidence and new arguments. Many refusals turn on evidence that was thin or missing, and that gap can often be addressed at review. Our article on why partner visas get refused explains the common grounds, and our article on the most common reasons Subclass 820 visas are refused looks at the onshore visa in detail.

What does "appeal" mean for a partner visa refusal?

An "appeal" of a partner visa refusal is, in legal terms, an application to the ART for merits review of the Department's decision. The ART reviews the decision afresh. It is not a court, and it does not only look for legal mistakes. It decides for itself whether the visa criteria are met.

The ART replaced the Administrative Appeals Tribunal on 14 October 2024. Decisions of the former Tribunal remain useful guidance, and this article refers to some of them. The ART "stands in the shoes" of the Department's decision maker (Administrative Review Tribunal Act 2024, section 54). It has all the powers the delegate had, and it decides the matter on the evidence before it at the time of the review.

So when couples ask can I appeal partner visa refusal decisions, they are really asking whether the ART has jurisdiction. Jurisdiction means the legal power to hear the matter. The ART has jurisdiction only if three things are true:

• The decision is a reviewable decision. The decision must fall within section 338 of the Migration Act or regulation 4.02 of the Regulations, and no exclusion applies.
• The right person applies. The review applicant must be the person the law names, such as the visa applicant or the sponsor.
• The application is properly made. The application must be lodged within the time limit, in an approved form, with the fee paid within the same period.

If any one of those three elements fails, the ART cannot hear the case. It does not matter how strong the relationship evidence is. A couple asking can I appeal partner visa refusal decisions must therefore check jurisdiction first and the merits second. For a general explanation of how review works after any refusal, see our guide on ART review and what to expect after your visa is refused, and the firm's page on visa refusals and appeals.

Is an ART review the same as making a new application?

No, an ART review is not the same as making a new partner visa application. A review keeps the original application alive and asks the Tribunal to decide it afresh. A new application starts the process again, with a new fee, new forms and possibly new barriers.

Some people cannot make a new application in Australia after a refusal. Section 48 of the Migration Act limits the visas a person can apply for in Australia after a refusal, although a partner visa is generally one of the visas still available. Some people would face Schedule 3 criteria on a new onshore application because they no longer hold a substantive visa. Our article on applying for a partner visa after a visa refusal explains these issues. The choice between review and a new application is a legal judgement made on the facts of each matter. For many couples, the better question is not only can I appeal partner visa refusal decisions, but whether review is the right path compared with a fresh application.

Which partner visa refusals can be appealed?

Most partner visa refusals can be appealed, but the legal basis and the person who may apply differ for each visa. The table of rights below is the core of the answer to the question can I appeal partner visa refusal decisions for your particular visa. It is set out visa by visa so you can find your own situation quickly. Wherever you sit in the map, the question can I appeal partner visa refusal decisions is answered by three facts: the visa, the location of the applicant and the power the Department used.

The partner visa category has five visas. The onshore pathway is the Subclass 820 visa followed by the permanent Subclass 801. The offshore pathway is the Subclass 309 visa followed by the permanent Subclass 100. The Subclass 300 Prospective Marriage visa is for couples who intend to marry in Australia. Our complete guide to partner visas in Australia explains how the five visas fit together.

Can I appeal partner visa refusal decisions on a Subclass 820 or Subclass 801?

Yes, a refusal of an onshore Subclass 820 or Subclass 801 visa is reviewable by the ART under section 338(2) of the Migration Act. Section 338(2) covers a refusal of a visa that can be granted in Australia, where the applicant applied in Australia, and where the decision was not made while the applicant was in immigration clearance.

The review applicant is the visa applicant, not the Australian sponsor. Under section 347A(2), the visa applicant must be physically present in the migration zone (in practical terms, in Australia) when the review application is made. A visa applicant who leaves Australia before lodging the review application loses the right to apply. This is one of the most important facts in this guide. Couples who ask can I appeal partner visa refusal decisions while living together in Australia are usually in this category.

For an onshore applicant, the answer to the question can I appeal partner visa refusal decisions is therefore "yes, if you are in Australia when you lodge and you lodge in time". The combined Subclass 820 and Subclass 801 application is usually refused at the temporary stage, and both visas are then refused together. Our guide to the Subclass 820 partner visa and our comparison of Subclass 820 and Subclass 801 explain the two stages.

Can I appeal partner visa refusal decisions on a Subclass 309?

Yes, a refusal of a Subclass 309 Partner (Provisional) visa is reviewable by the ART under regulation 4.02(4)(saa) of the Migration Regulations. Under regulation 4.02(5)(raa), the person who may apply for review is the visa applicant.

This surprises many couples. They assume that because the applicant is overseas, only the Australian partner can appeal. For a Subclass 309 refusal, the review application is made by the applicant. In practice the Australian partner usually instructs the representative, supports the review and gives evidence at the hearing. The refusal letter states who may apply. Read it and follow it. Couples asking can I appeal partner visa refusal decisions from overseas often lose time working out who should apply, so this point should be settled on the first day.

A Subclass 309 refusal also brings the associated Subclass 100 application to an end, because the permanent visa cannot be granted to a person who does not hold the provisional visa. So for offshore couples, the answer to can I appeal partner visa refusal decisions at the provisional stage is usually yes, and the review carries the permanent stage with it.

Can I appeal partner visa refusal decisions on a Subclass 300?

Yes, a refusal of a Subclass 300 Prospective Marriage visa is reviewable by the ART, and the person who applies for review is the sponsor. Regulation 4.02(4)(s) prescribes the refusal as reviewable, and regulation 4.02(5)(r) names the sponsor as the review applicant. Where the applicant is outside Australia at the time of the decision, section 338(5) also makes the refusal reviewable on the sponsor's application.

The Subclass 300 has a special rule at review. If the couple marry after the refusal and before the review is finally determined, and they tell the ART, the application is taken to also be an application for a partner visa if the matter is remitted (regulation 4.15(4)). That rule can change the whole strategy of a Subclass 300 review. For a Subclass 300 couple, the answer to can I appeal partner visa refusal decisions is yes, but the review must be lodged in the sponsor's name.

Can I appeal partner visa refusal decisions on a Subclass 100?

It depends on where the applicant was when the Subclass 100 was refused. A Subclass 100 applicant who is in Australia when the decision is made, and who is in Australia when the review application is made, can apply to the ART under section 338(7A) of the Migration Act. Section 347A(3) sets those two location requirements.

A Subclass 100 applicant who is outside Australia when the decision is made has no right of merits review. This is explained in the next part of this guide, because it is the most common reason a partner visa refusal cannot be appealed. Anyone asking can I appeal partner visa refusal decisions at the permanent stage should first confirm where the applicant was on the date of the decision.

What about family members included in the application?

Family members refused together with the main applicant can be included in one review application. Under regulation 4.12, review applications by members of the same family unit can be combined, and under regulation 4.13(3) only one fee applies. A dependent child refused with a parent should be included in the same review.

If you hold a Subclass 820 or Subclass 309 refusal and you are not sure whether your children were refused with you, the refusal letter will list every applicant. Each person named should be considered when the review application is prepared. If you are asking can I appeal partner visa refusal decisions for the whole family, the answer is usually yes, through one combined application.

Which partner visa refusals cannot be appealed to the ART?

Some partner visa refusals cannot be appealed to the ART because the law gives no right of review, or because there is no reviewable decision at all. For couples asking can I appeal partner visa refusal decisions in these situations, the honest answer is no, although other options may remain.

The main situations are set out below. Each one depends on precise facts, so an apparent bar should always be checked against the refusal letter and the file.

A Subclass 100 refused while the holder is outside Australia

No, a Subclass 100 refusal cannot be appealed to the ART if the Subclass 309 holder was outside Australia when the decision was made. Section 338(7A) of the Migration Act gives review rights to offshore applicants for a permanent visa only where section 347A(3) is satisfied. Section 347A(3) requires the applicant to have been in the migration zone when the decision was made and to be in the migration zone when the review application is made.

This has a practical consequence for couples on the Subclass 309. A Subclass 309 holder who expects a difficult decision on the permanent stage should think carefully about where they will be when the decision is made. That is a question for advice before the decision, not after it. Once the decision has been made offshore, the answer to can I appeal partner visa refusal decisions is no, and the remaining options are limited and need careful advice.

A conclusive certificate under section 339

No, a refusal cannot be reviewed if the Minister has issued a conclusive certificate under section 339 of the Migration Act. The Minister may issue a certificate if the Minister believes it would be contrary to the national interest to change the decision, or for the decision to be reviewed. Under section 338(1), a decision covered by a certificate is not a reviewable migration decision.

Conclusive certificates are rare in partner visa matters. If one has been issued, the refusal notice will say that merits review is not available. In that case the answer to the question can I appeal partner visa refusal decisions is no.

A character refusal made by the Minister personally

No, a character refusal made by the Minister personally under section 501 cannot be reviewed by the ART. Only a decision made by a delegate under section 501 is reviewable, under section 500 of the Migration Act. This is explained further in the section on character refusals below.

An invalid application

No, an invalid application cannot be appealed, because an invalid application does not produce a refusal decision. If an application did not meet the validity requirements of section 46 of the Migration Act and the relevant Schedule 1 item, the Department does not decide it on the merits. There is simply no decision for the ART to review.

Invalidity can arise, for example, where the wrong form is used, the application charge is not paid, the applicant is barred from making the application, or a required document for validity is missing. A letter telling you an application is invalid is very different from a refusal letter. If you have received one, the answer to the question can I appeal partner visa refusal decisions does not apply, because there is nothing to appeal. The question becomes whether, and how, a new valid application can be made.

A withdrawn application

No, a withdrawn application cannot be appealed, because once an application is withdrawn there is no refusal decision to review. Couples sometimes withdraw an application after a difficult letter from the Department, or after a short separation, without understanding what they are giving up.

Withdrawal can also have consequences for bridging visas and for future applications. If you are thinking about withdrawing an application because a refusal seems likely, get advice first. A reviewable refusal may leave more options open than a withdrawal does. For a withdrawn application, can I appeal partner visa refusal decisions is the wrong question; the real question is what can be lodged next.

Can I appeal partner visa refusal decisions made on character grounds?

Yes, if the character refusal was made by a delegate of the Minister under section 501, it can be reviewed by the ART under section 500 of the Migration Act. If the decision was made by the Minister personally, it cannot be reviewed by the ART.

A character refusal follows different rules from an ordinary refusal. The review is conducted in the ART's General Division, not under Part 5 of the Migration Act. The person must still be someone who would have been entitled to seek review if the decision had been made on another ground (section 500(3)). For an onshore Subclass 820 applicant, that generally means the applicant can apply, provided they are in Australia when they apply.

The most important difference is time. Under section 500(6B), if the decision relates to a person in the migration zone, the application to the ART must be lodged within 9 days after the day the person was notified of the decision. That is much shorter than 28 days, and it cannot be extended. The review is also expedited: under section 500(6L), if the ART has not made a decision within 84 days after the day the person was notified of the decision, the decision under review is taken to be affirmed.

So for a person refused on character grounds, the question can I appeal partner visa refusal decisions has an urgent answer. Yes, if a delegate made the decision, but the application must be lodged within days. The firm's page on visa cancellations covers character matters more broadly.

Is a character refusal the same as a public interest criterion refusal?

No, a character refusal under section 501 is different from a refusal for failing a public interest criterion. Public interest criterion 4020 deals with false or misleading information and bogus documents. Public interest criterion 4004 deals with debts to the Commonwealth. A refusal on those grounds is an ordinary refusal under section 65, and the usual 28-day time limit and the usual review rights apply.

Our guide to completing the Form 80 without errors explains how inconsistent forms can lead to integrity concerns. The ART can find that a public interest criterion is satisfied even where the Department found it was not. For a refusal under public interest criterion 4020, the answer to can I appeal partner visa refusal decisions is yes, and the Tribunal considers the integrity issue afresh.

What if the sponsorship was not approved?

If the Department refuses to approve the sponsor, the partner visa is refused as well, and the refusal of the visa is the decision that is taken to the ART. Since 18 November 2016, the partner sponsorship has been assessed as part of the partner visa application under Division 1.4B of the Migration Regulations.

A sponsorship can be refused, for example, because of sponsorship limitations (a sponsor who has sponsored before, within the limits set by regulation 1.20J), or because the sponsor has been convicted of a relevant offence and the delegate decided it was not reasonable to approve the sponsorship. The Tribunal can review those findings on the review of the visa refusal. Our article on when a sponsor cannot sponsor a partner visa and the firm's page on partner visa sponsorship limitations explain those rules.

So if you are asking can I appeal partner visa refusal decisions where the problem was the sponsor, the answer is usually yes, through the review of the visa refusal. The decisions discussed later in this guide include several sponsorship matters that the Tribunal sent back to the Department.

Does it matter where you are when you appeal?

Yes, where the review applicant is located can decide whether the appeal is possible at all. The rules differ by visa:

• Subclass 820 and Subclass 801. The visa applicant must be physically present in Australia when the review application is made (section 347A(2)).
• Subclass 100 (offshore applicants). The applicant must have been in Australia when the decision was made and must be in Australia when the review application is made (section 347A(3)).
• Subclass 309. The review applicant is the visa applicant. The Department's instructions record that a review applicant in this category may be in or outside Australia when applying.
• Subclass 300. The review applicant is the sponsor, and no location requirement applies to the sponsor.

So when someone asks can I appeal partner visa refusal decisions, the reply must always take into account where the review applicant is now.

The location rules mean that a person refused in Australia should not leave Australia before the review application is lodged. Travel after lodging also needs advice. A Bridging A visa does not allow re-entry to Australia, and leaving may end it. Our guides to the Bridging A visa, the Bridging B visa and bridging visas in Australia explain travel and bridging visa rules.

What if the review applicant leaves Australia during the review?

Leaving Australia during a review can damage the case even after a review application has been properly made. A person who departs on a Bridging A visa usually has no right to return on that bridging visa. Some partner visas also require the applicant to be in a particular place when the visa is granted.

Anyone considering travel during a review should get advice before booking. The answer will depend on the visa refused, the bridging visa held and the stage the review has reached.

Common misunderstandings about partner visa appeal rights

Several mistaken beliefs cause couples to lose a review right they could have used. Each of them comes up often when people search "can I appeal partner visa refusal" online.

"I can appeal any time, as long as I explain why I was late"

This is wrong. The 28-day time limit in section 347(3) of the Migration Act cannot be extended by anyone. An application made after the time limit is not properly made, and the ART has no jurisdiction to consider it. There is no discretion and no exception for good reasons.

"Only the Australian partner can appeal"

This is wrong for most partner visas. For a Subclass 820, Subclass 801 and Subclass 309 refusal, the visa applicant is the review applicant. Only for the Subclass 300 is the sponsor the review applicant. Using the wrong review applicant can mean the application is not validly made. Before asking can I appeal partner visa refusal decisions in the sponsor's name, check who the law names.

"An appeal means going to court"

This is wrong. A partner visa appeal is a merits review in the ART. The ART is a tribunal that decides the visa afresh. Court review is a different and narrower process, which deals only with legal error.

"If the refusal was my representative's fault, I cannot appeal"

This is wrong. The ART does not ask who caused the refusal. It asks whether the visa criteria are met on the evidence now available. A refusal caused by missing evidence, an unanswered request or a poorly prepared file can usually be reviewed in the normal way. Our article on hiring an immigration lawyer after lodging your own visa application and our guide on changing your immigration lawyer explain how a new representative takes over.

"If I appeal, I lose my right to make a new application"

This is generally wrong. Lodging a review does not of itself stop a person making a new application, although section 48 and Schedule 3 may restrict what can be lodged in Australia. Whether a review or a new application is the better path depends on the facts, and that is a judgement your lawyer makes after reading the decision. Asking can I appeal partner visa refusal decisions and asking whether to reapply are two separate questions.

What can the ART actually review in a partner visa refusal?

The ART can review every criterion the Department relied on to refuse, and it can consider criteria the Department did not reach. Couples who ask can I appeal partner visa refusal decisions often want to know whether their particular reason for refusal is one the Tribunal can look at. In nearly every ordinary refusal, it is.

The grounds the Tribunal commonly reviews include:

• The genuine and continuing relationship. For a spouse, section 5F of the Migration Act; for a de facto partner, section 5CB. The Tribunal considers all the circumstances of the relationship, including the four aspects in regulation 1.15A(3) or regulation 1.09A(3): the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The question is whether the couple have a mutual commitment to a shared life as spouses (or partners) to the exclusion of all others.
• The de facto relationship requirements. This includes whether a de facto relationship existed for 12 months before the application, and whether an exception applies. Our article on the de facto partner visa 12-month rule explains this.
• Schedule 3 criteria. These apply to some onshore applicants who did not hold a substantive visa when they applied. Our guides to Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the compelling reasons test, and the firm's Schedule 3 waiver page covers the service.
• Public interest criteria. These include public interest criterion 4020 (false or misleading information) and public interest criterion 4004 (debts to the Commonwealth).
• Sponsorship. This includes sponsorship limitations and sponsors with relevant convictions.
• Relationship ended because of family violence. The family violence provisions in Division 1.5 of the Regulations can be raised at review. The firm's page on family violence partner visas and our article on what happens if a Subclass 820 relationship breaks down explain these provisions.

Same-sex couples have exactly the same review rights as other couples. The firm's page on LGBTI partner visas explains the issues that sometimes arise in proving those relationships. In short, if the refusal is reviewable, the answer to can I appeal partner visa refusal decisions on any of these grounds is yes.

What is the deadline to appeal a partner visa refusal?

The deadline to appeal a partner visa refusal is 28 days after the day you are notified of the decision, or 7 days if the review applicant is in immigration detention on the day of notification (section 347(3) of the Migration Act). For a character refusal by a delegate where the person is in Australia, the deadline is 9 days (section 500(6B)). None of these time limits can be extended.

For anyone asking can I appeal partner visa refusal decisions, the deadline is the single most important fact. The right to review exists only inside that window. The application fee must also be paid within the same period, or a request for a fee reduction must be lodged with at least 50% of the fee paid within the period. If the fee is not paid in time, the application is not properly made. The ART charges a substantial application fee for a migration review, and the fee increases each year on 1 July.

When are you "notified" of the refusal?

You are notified of the refusal on a date fixed by section 494C of the Migration Act, which depends on how the decision was sent. The 28 days start on the day after notification:

• By email. The decision is taken to be received at the end of the day it is transmitted.
• By post. The decision is taken to be received 7 working days after the date of the letter, if it was posted within 3 working days of that date.
• In person. The decision is received immediately when it is handed to the person.

A decision sent to your authorised recipient or representative is generally treated as sent to you. That means the 28 days may already be running before you have read the letter. If you received a refusal through a previous adviser, find out the date it was sent to them. Anyone asking can I appeal partner visa refusal decisions received through an adviser should check that date first. Our guide to Form 956 and Form 956A explains how appointing a representative or authorised recipient works.

How is the review application made?

A review application is made to the ART by the online form, by the paper form, or by letter, in line with the ART's Migration, Protection and Character Practice Direction. It must include a copy of the decision notice if the applicant has one (section 347(2) and regulation 4.12A). The application must be made by the right review applicant, and the fee must be paid within the time limit.

Do not wait to finish collecting evidence before lodging. Evidence can be provided after the application is lodged. The time limit applies to the application itself, not to the evidence. Couples who ask can I appeal partner visa refusal decisions near the end of the 28 days should lodge first and build the evidence afterwards. If you are close to the deadline, our guide to urgent immigration lawyer advice explains what to have ready.

What happens to my bridging visa if I appeal?

If you lodge a review in time, your bridging visa usually continues during the review. For a Bridging A visa granted with a partner visa application on or after 19 November 2016, the bridging visa ceases 35 days after the refusal decision if no review is lodged. If a review is lodged in time, it continues and ceases 35 days after the ART decision, or remains in effect if the ART sends the matter back to the Department (Schedule 2, clause 010.511). The same 35-day pattern applies to Bridging B and Bridging C visas.

This is why the question can I appeal partner visa refusal decisions is also a question about staying lawful in Australia. A review lodged in time keeps the bridging visa in effect. A person who does not lodge a review, and has no other visa, may become unlawful when the bridging visa ends. Our article on working while waiting for a Subclass 820 visa on a Bridging A visa explains work rights during processing.

What does the ART look at on a partner visa appeal?

The ART looks at the whole application afresh, on the evidence available at the time of the review, including new evidence that was never before the Department. It is not limited to the reasons in the refusal letter. It can find against the applicant on a ground the Department did not use, and it can find in favour of the applicant on a ground the Department rejected. This is why the answer to can I appeal partner visa refusal decisions is so often worth acting on: the Tribunal is not bound by the delegate's view.

The usual steps in a partner visa review are these:

• Documents from the Department. The Department gives the ART the documents it holds. Under section 362A, the review applicant can ask for access to those documents. That request should be made early, because the file often shows exactly what the delegate relied on.
• Submissions and evidence. The review applicant provides written submissions and evidence addressing each criterion in issue. For a relationship refusal this usually includes the couple's relationship statement, documents on the four aspects of the relationship, and supporting Form 888 statements from people who know the couple.
• The hearing. The Tribunal usually invites the applicant and the sponsor to a hearing to give evidence. The Minister is a non-participating party (section 348A), so the Department generally does not appear. If the applicant does not attend after proper notice, the ART can dismiss the application (ART Act, section 99). Reinstatement must be sought within 28 days after notice of the dismissal (section 368C).
• The decision. The ART gives its decision with written reasons, and it must notify the applicant within 14 days after the decision is made (section 368A).

Our guides to partner visa relationship evidence, the partner visa relationship statement, preparing evidence of a genuine relationship, Form 888 for partner visas and Form 888 example answers explain how that evidence is prepared. The relationship statement is the couple's own account. A lawyer reviews it against the documents and the forms, and the couple correct and confirm it. The partner visa document checklist and the Subclass 820 evidence checklist list the documents that usually help.

What can the ART decide?

The ART can affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the matter to the Department with an order that a specified criterion is taken to be satisfied (section 349(2) and regulation 4.15(1)). In partner visa matters, remittal is the usual favourable outcome. For couples asking can I appeal partner visa refusal decisions, remittal is the result the review is usually aiming for.

On remittal, the Department must reassess the criteria that remain, such as health and character, and it is bound by the Tribunal's finding on the criterion the Tribunal decided. For a Subclass 820 refusal, a remittal usually directs that the relationship criterion is satisfied, and the Department then completes the remaining checks.

What Tribunal decisions show about reviewable partner visa refusals

Published Tribunal decisions show that many types of partner visa refusal are reviewable and can be sent back to the Department. Each decision below is a remittal: the Tribunal set aside the refusal and returned the matter to the Department. The descriptions are taken only from the issues reported for each decision. They also help answer can I appeal partner visa refusal decisions by showing the kinds of grounds the Tribunal has reviewed.

• Koroma (Migration) [2026] ARTA 200. A Subclass 309 refusal concerning a genuine and continuing relationship, where the couple were validly married in their home country but had limited financial, household and social aspects of the relationship while living in different countries.
• Wang (Migration) [2024] ARTA 822. A Subclass 820 refusal concerning a genuine and continuing relationship, where the couple married two months after meeting; the Tribunal considered the four aspects of the relationship and the couple's future plans.
• Le (Migration) [2025] ARTA 2423. A Subclass 820 refusal concerning a genuine and continuing relationship, involving incorrect residential information in the visa application, a joint bank account and shared education expenses.
• Promthong (Migration) [2024] AATA 2472. A Subclass 820 refusal on sponsorship limitations, where the prior sponsorship had been approved within 5 years of the time of the primary decision.
• Ellis (Migration) [2024] AATA 3411. A Subclass 820 refusal concerning sponsorship approval, where the sponsor had been convicted of a relevant offence and the question was whether it was reasonable to approve the sponsorship.
• White (Migration) [2019] AATA 56. A Subclass 300 refusal where the couple married before the review application was determined, the marriage certificate was provided, and the matter was assessed for a spouse visa.
• Ma (Migration) [2025] ARTA 148. A Subclass 820 refusal where the relationship with the sponsor had ceased, the applicant was a victim of family violence, and the couple had been in a genuine and continuing relationship.

These decisions do not predict the outcome of any other case. Each review turns on its own evidence. They show that the answer to "can I appeal partner visa refusal decisions on relationship, sponsorship and family violence grounds" is yes, and that the review can change the result where the evidence supports it.

How to check whether your refusal can be appealed

You can check whether your refusal can be appealed by working through five questions, using the refusal letter in front of you. For anyone still asking can I appeal partner visa refusal decisions after reading this far, this is the practical checklist:

• Which visa was refused? Identify whether it was a Subclass 820, Subclass 801, Subclass 309, Subclass 100 or Subclass 300.
• What does the letter say about review? The decision notice must state whether the decision is reviewable, who may apply and the time limit.
• When were you notified? Work out the notification date under section 494C and count 28 days from the following day. Use 9 days for a delegate's character refusal, or 7 days if in detention.
• Who must apply, and where are they? Confirm whether the applicant or the sponsor is the review applicant, and whether that person must be in Australia when applying.
• Was there a real refusal decision? Check that the letter is a refusal, not a notice that the application was invalid or a record that it was withdrawn.

If all five answers point the same way, you have your answer to can I appeal partner visa refusal decisions in your case.

If any answer is unclear, get advice immediately. A second opinion can confirm the deadline and the review applicant. Our guide on getting a second opinion from an immigration lawyer explains what that involves, and our guide to what a visa appeal lawyer does explains the role of a representative at review.

What happens if the ART affirms the refusal?

If the ART affirms the refusal, the review is over and the Department's refusal stands. Two further avenues exist in limited circumstances. The Minister has a personal, non-compellable power under section 351 of the Migration Act to substitute a more favourable decision if the Minister thinks it is in the public interest. Separately, a court can review an ART decision for legal error only.

Neither avenue is a second merits review. That is why the ART review should be prepared thoroughly from the start. For most couples asking can I appeal partner visa refusal decisions, the ART hearing is the main opportunity to put the full evidence before an independent decision maker.

How My Migration Lawyers assesses and runs partner visa refusal appeals

My Migration Lawyers starts every refused partner visa matter by answering the question can I appeal partner visa refusal decisions of this exact kind, for this exact couple, before any other work is done. The firm deals with complex refusal matters, including onshore refusals with Schedule 3 issues, Subclass 309 and Subclass 300 refusals, sponsorship limitation and sponsor conviction refusals, public interest criterion 4020 findings, relationship breakdown and family violence. The firm acts in many partner visa refusal reviews of this type and is equipped to handle them.

Our work on a refused partner visa follows clear steps:

• Confirm reviewability. We read the decision notice, identify the visa and the power used, and confirm whether the decision is reviewable under section 338, regulation 4.02 or section 500, so that the couple has a firm answer to can I appeal partner visa refusal decisions of this kind.
• Fix the deadline. We work out the notification date under section 494C and the last day to lodge, whether that is 28 days, 9 days or 7 days, and we diarise it.
• Identify the right review applicant. We confirm whether the applicant or the sponsor must apply, and where that person must be when the application is lodged.
• Lodge in time. We prepare and lodge the review application with the decision notice, make sure the fee is paid within the time limit, and combine family members in one application where the law allows.
• Protect status. We advise on the bridging visa, travel and work rights while the review is running.
• Obtain the file. We request the Department's documents under section 362A so that we can see exactly what the delegate relied on.
• Build the review case. We decide which criteria and arguments to run. We review the couple's relationship statement against the file and the forms, identify gaps and inconsistencies, ask the couple to correct and confirm their own account, and check the Form 888 statements and documents.
• Prepare for the hearing. We prepare written submissions, prepare both partners to give evidence, and attend the hearing.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see the firm's work as partner visa lawyers, and read our guides on partner visa lawyer work in Australia and when you need an immigration lawyer for a partner visa. Our article on booking an immigration lawyer consultation explains how a first consultation works.

My Migration Lawyers acts for refused couples across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

Every refused partner visa is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is give you a clear answer to the question can I appeal partner visa refusal decisions in your case, make sure a reviewable refusal is lodged correctly and in time, and present your evidence to the Tribunal in the strongest lawful way.

Book a consultation with My Migration Lawyers to have your refusal letter and deadline checked. You can also call us on 1300 040 300.