How to Appeal a Partner Visa Refusal

Knowing how to appeal partner visa refusal decisions can decide whether a couple stays together in Australia. If you are searching for how to appeal partner visa refusal decisions, the short answer is this. Most partner visa refusals are reviewed by the Administrative Review Tribunal (ART), and the application must be made, with the fee paid, within 28 days after the day you are notified of the refusal. That deadline cannot be extended.

This guide explains how to appeal partner visa refusal decisions as a series of practical steps. It starts with the refusal notice and ends with the Tribunal's decision and what happens after a matter is sent back to the Department. It is written for couples who are still within time and want to act properly. If you want a broader picture first, our guide to partner visa refusal appeal options explains the choices, and our overview of what to expect at ART review explains the Tribunal itself.

The word "appeal" is used here because that is the word most people search. Strictly, the process is an application for merits review. The ART does not simply check whether the Department made a mistake. It looks at the whole application again and makes its own decision on the evidence before it. That is why the steps below matter. A well-run review can repair an application that was refused for thin evidence, a missed document or a misunderstanding. The firm's partner visa refusals service describes how My Migration Lawyers acts in these matters.

How to appeal partner visa refusal decisions: the 12 steps at a glance

How to appeal partner visa refusal decisions comes down to 12 steps, and the first five must all be completed inside the 28-day review period. The steps are:

• Read the refusal notice and the decision record. Identify the visa refused, the date of the decision, how it was sent, and each criterion the delegate found was not met.
• Calculate the deadline. Work out the day you were notified and count 28 days from the next day, or 7 days if you are in immigration detention.
• Confirm who lodges. The onshore applicant, the Subclass 309 applicant or the Subclass 300 sponsor, depending on the visa.
• Lodge the review application. Use the ART online form, the paper form or a letter, and attach the decision notice.
• Pay the application fee. Pay it within the 28 days, or apply for the financial hardship reduction and pay at least half within the 28 days.
• Receive the acknowledgement and case number. Keep your contact details up to date with the Tribunal.
• Request the Department's documents. Ask for them early under section 362A of the Migration Act.
• Build the evidence. Answer each refusal reason with documents and statements.
• File written submissions. Set out the law and the evidence on each criterion before the hearing.
• Prepare for the hearing. Respond to the hearing invitation and prepare the applicant, the sponsor and any witnesses.
• Attend the hearing. Give oral evidence and answer the Tribunal member's questions.
• Receive the decision. The ART affirms, varies, sets aside and substitutes, or sets aside and remits, and gives written reasons.

Each step is explained in detail below. Steps 1 to 5 are urgent. Steps 6 to 12 decide whether the review succeeds. The firm's page on visa refusals and appeals covers refusal review across visa types, and the firm's partner visa lawyers page describes partner visa work at every stage.

Can you appeal a partner visa refusal in Australia?

Yes, most partner visa refusals in Australia can be appealed to the Administrative Review Tribunal, but not every refusal and not by every person. The right to review depends on the visa refused, where the applicant was when the application was made, and who applies for review.

The ART replaced the Administrative Appeals Tribunal on 14 October 2024. Decisions of the former Tribunal are still useful as precedent, and the rules on how to appeal partner visa refusal decisions are now found in Part 5 of the Migration Act 1958 together with the Administrative Review Tribunal Act 2024.

The main partner visas and their review rights are:

• Subclass 820 and Subclass 801 (onshore). The refusal is reviewable. The applicant must be physically present in Australia when the review application is made. See the firm's Subclass 820 visa page and our guide to Subclass 820 and Subclass 801.
• Subclass 309 (offshore). The refusal is reviewable, and the visa applicant applies for review. See the firm's Subclass 309 visa page.
• Subclass 300 (prospective marriage). The refusal is reviewable, and the Australian sponsor applies. See the firm's Subclass 300 visa page.
• Subclass 100 refused while the person is outside Australia. There is no ART review (Migration Act s 338(7A) and s 347A(3)).

If you are unsure which category applies, the refusal notice usually states whether the decision is reviewable and by whom. Reading that statement is the start of learning how to appeal partner visa refusal decisions properly. Our complete guide to partner visas in Australia explains each subclass in more detail.

Step 1: Read the refusal notice and the decision record

The first step in how to appeal partner visa refusal decisions is to read two documents carefully: the refusal notice and the decision record. The notice tells you that the visa was refused and whether review is available. The decision record explains why.

What the refusal notice tells you

The refusal notice is the letter or email from the Department of Home Affairs. It identifies the visa refused, the date of the decision and the review rights. It usually states the time limit for review and who may apply. Keep the original email or envelope. The way the notice was sent controls when the 28 days start, so the date and method of sending are evidence in themselves. Every plan for how to appeal partner visa refusal decisions starts with this letter.

What the decision record tells you

The decision record sets out the delegate's findings and reasons. It lists each criterion considered and whether it was met. For a partner visa, the central criterion is usually whether the couple are spouses or de facto partners within section 5F or section 5CB of the Migration Act, with a mutual commitment to a shared life to the exclusion of all others and a genuine and continuing relationship. Other refusals turn on Schedule 3, public interest criterion 4020, sponsorship limitations, health or character.

Read the record criterion by criterion. Make a list of every finding against you. Each finding becomes a task in the review, and that list becomes your plan for how to appeal partner visa refusal findings one by one. Our article on why partner visas get refused and our list of the most common Subclass 820 refusal reasons explain how these findings are usually expressed.

What to look for in the reasons

When studying how to appeal partner visa refusal decisions, couples often read the record looking for unfairness. A more useful approach is to look for gaps. Ask three questions about each finding:

• What evidence did the delegate say was missing? For example, joint financial documents, evidence of living together or Form 888 supporting statements.
• What evidence did the delegate doubt? For example, inconsistent dates in the relationship statement and the forms.
• What did the delegate not consider at all? For example, documents lodged late, or a change in circumstances since the decision.

If the Department sent a section 56 request or a section 57 natural justice letter before refusing, read those letters too. Our guides to responding to a section 56 request and the section 57 natural justice letter explain what those letters were asking for.

Step 2: Calculate 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 you are in immigration detention on the day of notification (Migration Act s 347(3)). The time limit cannot be extended. A late application is not properly made, and the ART has no jurisdiction to review the decision.

This is the most important rule in how to appeal partner visa refusal decisions. Nothing else in this guide helps if the deadline is missed.

When are you notified?

You are notified on the day the law treats you as having received the decision, which is not always the day you read it. Section 494C of the Migration Act sets the rules:

• 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 the letter was posted within 3 working days of that date.
• In person. The decision is received immediately.

The 28 days run from the day after notification. Consider a couple whose refusal email is sent on a Monday. Notification happens at the end of that Monday. Day 1 of the review period is the Tuesday. If the email went to a previous representative or an authorised recipient, the clock may already be running before the couple sees the decision.

Why the old time limits no longer apply

Some older websites mention 21 days or 70 days. Those limits were repealed. For a partner visa refusal reviewed by the ART, the time limit is 28 days, or 7 days in detention. Anyone researching how to appeal partner visa refusal decisions should rely only on the current rule in the notice and in section 347(3).

Practical deadline rules

For anyone deciding how to appeal partner visa refusal decisions, the safest approach is to treat the deadline as much earlier than it really is. In practice:

• Write the deadline down on the day the refusal arrives. Note the date and method of sending.
• Lodge well before day 28. Online systems can fail and payments can be rejected.
• Do not wait for the evidence. The review application can be lodged first. Evidence is provided later in the process.
• Do not wait for advice to arrive by post. Ask for an urgent immigration lawyer review of the notice if you are close to the deadline.

If you are in immigration detention, the 7-day limit leaves almost no room. In detention, how to appeal partner visa refusal decisions becomes a question of days, not weeks. Lodging the review application must come before everything else.

Step 3: Confirm who lodges the appeal

The person who lodges the appeal depends on the subclass refused, and lodging by the wrong person can make the review application invalid. The rules are in sections 338 and 347A of the Migration Act and regulation 4.02 of the Migration Regulations 1994. This step in how to appeal partner visa refusal decisions takes minutes, but an error here cannot be corrected after the deadline.

• Onshore refusal (Subclass 820 and Subclass 801). The visa applicant applies for review under section 338(2). The applicant must be physically present in Australia, in the migration zone, when the review application is made.
• Subclass 309 refusal. The visa applicant applies for review (reg 4.02(4)(saa) and 4.02(5)(raa)). The Australian partner usually instructs the lawyer, supports the review and gives evidence.
• Subclass 300 refusal. The Australian sponsor applies for review (reg 4.02(4)(s) and 4.02(5)(r)).
• Family members refused together. A combined application for review can be made, and only one fee is payable (regs 4.12 and 4.13(3)).

Why physical presence matters onshore

An onshore applicant who leaves Australia before lodging the review cannot make a valid review application. Couples sometimes plan a trip to see family after a refusal. When working out how to appeal partner visa refusal decisions made onshore, the applicant should stay in Australia until the review application is lodged, and should take advice before any travel during the review. Our guide to Bridging Visa B explains how travel works for some bridging visa holders.

The sponsor's role in every review

Even where the sponsor is not the review applicant, the sponsor is almost always a central witness. The Tribunal will want to hear from both partners about the relationship. The sponsor should be part of every decision about how to appeal partner visa refusal decisions from the start. Same-sex couples have exactly the same review rights, and the firm's LGBTI partner visa page explains how the firm assists.

If the sponsor is affected by a sponsorship limitation, that issue also needs to be addressed at review. See the firm's sponsorship limitations page and our article on when a sponsor cannot sponsor a partner visa.

Step 4: Lodge the review application with the ART

The review application is lodged with the Administrative Review Tribunal using the ART online form, the ART paper form, or a letter, in line with the Tribunal's Migration, Protection and Character Practice Direction. Lodging online is usually the most reliable method because it gives an immediate record of the date and time. For most couples working out how to appeal partner visa refusal decisions, the online form is the simplest route.

What the application must include

The application must include a copy of the decision notice if the applicant has it (Migration Act s 347(2) and reg 4.12A). It should also include:

• The review applicant's details. Full name, date of birth, address in Australia (for onshore applicants), email and telephone.
• The decision under review. The visa subclass, the date of the decision and the Department's file reference.
• Any other family members. Where family members were refused together, they should be included in one combined application.
• The representative's details. If a lawyer or registered migration agent acts, the Tribunal should be told.

The application does not need to contain the full argument or the evidence. Those come later. The point of step 4 in how to appeal partner visa refusal decisions is to start a valid review in time. A short, accurate application lodged on day 10 is far safer than a detailed one lodged on day 29.

Common lodgement errors

The errors that cause the most damage at this stage are simple ones. When planning how to appeal partner visa refusal decisions, avoid these:

• The wrong review applicant. For example, the sponsor lodging for a Subclass 309 refusal, or the applicant lodging for a Subclass 300 refusal.
• An onshore applicant lodging from overseas. The application is not valid if the applicant is outside Australia.
• No decision notice attached. Attach it if you have it.
• No fee paid. Lodging the form without paying the fee within time does not make a properly made application.

If a representative lodged the original partner visa application, the review can still be handled by a different representative. Our article on Form 956 and Form 956A explains how a representative is appointed, and our guide on changing your immigration lawyer explains how a file moves from one adviser to another.

Step 5: Pay the application fee within the 28 days

The ART application fee must be paid within the same 28-day period for the review application to be properly made. Alternatively, a request for the financial hardship reduction can be lodged within the 28 days, with at least half of the fee paid within that time.

This is a step many people miss when they first look up how to appeal partner visa refusal decisions. They assume the fee can follow later. It cannot. An application without the fee, or without a fee-reduction request and at least 50% of the fee, is not properly made.

The financial hardship reduction

The Tribunal can reduce the application fee by 50% if paying the full fee has caused, or is likely to cause, severe financial hardship. The request is made with evidence of the applicant's income, expenses and assets. Even with a reduction request, at least half of the fee must be paid within the 28 days. Couples who are unsure how to appeal partner visa refusal decisions when money is tight should make the hardship request and the part payment together, well before day 28.

Refund of part of the fee

If the ART sets aside, varies or remits the decision, 50% of the fee paid is refunded. There is no refund if the refusal is affirmed. The fee is substantial and it increases each year on 1 July (reg 4.13B). Check the current fee on the ART's website on the day you lodge, not on an older page or a forum post.

One fee for a combined application

Where family members were refused together and apply for review together, only one fee is payable (regs 4.12 and 4.13(3)). That is another reason to include every refused family member in a single application. Our article on immigration lawyer fees in Australia explains how professional fees are usually structured, separately from government and Tribunal charges.

Step 6: Acknowledgement, case number and staying in contact

After a properly made review application is lodged, the ART sends an acknowledgement with a case number. Keep it. Every later document you send to the Tribunal should quote that number. The acknowledgement is also your proof that the first five steps of how to appeal partner visa refusal decisions were completed in time.

The Tribunal also tells the Department about the review. Within 10 working days after being notified, the Department must give the ART the documents relevant to the decision under review (Migration Act s 352). The Minister is a non-participating party in a migration review (s 348A). In practice, the Department generally does not appear at the hearing or argue against the applicant. The review is between the applicant and the Tribunal.

Keep your contact details up to date

Keeping the Tribunal informed is a quiet but essential part of how to appeal partner visa refusal decisions. The ART will send hearing invitations, requests and its decision to the address and email it holds. If you move house, change email or change telephone number, tell the Tribunal straight away. If you appoint a lawyer, the Tribunal will usually correspond with the lawyer.

A review can fail simply because a hearing invitation went to an old address. A non-appearance at a hearing can lead to the review being dismissed, as explained in step 11. That risk is avoidable.

How long the review takes

The ART does not publish a fixed processing time for partner visa reviews, and waiting times change. Some matters are decided within months and others take much longer. Couples should plan for a review that may take a considerable time, and should keep collecting evidence of the relationship while they wait. Our articles on Subclass 820 processing times and how long the onshore partner visa takes explain timing at the Department stage.

Step 7: Request the Department's documents early

The applicant is entitled to ask the Department for access to the documents it gave the ART for the review, under section 362A of the Migration Act. The request can be made at any time after the review application is lodged and before the ART gives its decision. It should be made as early as possible.

The Tribunal's practice direction says that the request should be made as soon as practicable after the review starts. The Tribunal will not treat a late request, on its own, as an adequate reason to adjourn a hearing. That is why step 7 sits early in any plan for how to appeal partner visa refusal decisions.

Why the Department's file matters

The Department's file shows exactly what the delegate had. It often contains:

• The application forms. Including every answer given and every date stated.
• The documents lodged. Including what was uploaded, and sometimes what was not.
• Requests and responses. Section 56 requests, section 57 letters and any replies.
• Other material. Records of interviews, site visits, information from third parties, or earlier visa applications.

Comparing that file with your own records shows where the gaps were. If a document you believed was lodged is not there, the review is the place to provide it. If the file contains adverse information you have never seen, the review is the place to respond to it. This comparison shapes every later decision about how to appeal partner visa refusal findings on the evidence.

Earlier applications and inconsistencies

The Department's file may include earlier visa applications made by the applicant or the sponsor. Information given in those applications, such as a previous relationship or a different address, can become an issue under public interest criterion 4020. Knowing what is on the file before the hearing is a central part of how to appeal partner visa refusal decisions safely.

Step 8: Build evidence that answers each refusal reason

The evidence at review must answer each reason the delegate gave for the refusal, one criterion at a time. The ART decides the matter on the evidence available at the time of the review, including new evidence that was never before the delegate. It "stands in the shoes" of the delegate (ART Act s 54).

This is the heart of how to appeal partner visa refusal decisions. A review is not a complaint about the delegate. It is a fresh opportunity to show that every criterion is met now.

Where the refusal was about the relationship

Most partner visa refusals turn on whether the relationship is genuine and continuing. The Tribunal considers the circumstances of the relationship under reg 1.15A(3) for spouses and reg 1.09A(3) for de facto partners. Those circumstances are grouped into four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment to each other.

The evidence usually includes:

• The relationship statement. A partner visa has one relationship statement. It is the couple's own account of how they met, how the relationship developed and how they live now. It must be accurate and consistent with the forms. A lawyer reviews it against the documents and asks the couple to correct and complete their own account. See our guide to the partner visa relationship statement.
• Financial evidence. Joint accounts, shared bills, transfers between partners and joint commitments.
• Household evidence. Leases, correspondence to the same address and how household tasks are shared.
• Social evidence. Photographs over time, invitations, travel together and recognition by family and friends.
• Commitment evidence. Plans for the future, wills, superannuation nominations and time spent together during separations.
• Form 888 supporting statements. Statements from Australian citizens or permanent residents who know the couple. See our guides on who can make a Form 888 and Form 888 example answers.

Our articles on partner visa relationship evidence, preparing evidence of a genuine relationship and the Subclass 820 evidence checklist show what a complete evidence base looks like. Where the refusal turned on whether a de facto relationship existed when the application was made, our guide to the de facto partner visa and the 12-month rule and our article on whether you need 12 months of de facto relationship explain the time point.

Where the refusal was under public interest criterion 4020

Public interest criterion 4020 deals with false or misleading information and bogus documents. Where a refusal turns on it, the evidence and submissions must explain what was said or provided, and why. In some cases there is a discretion to waive the criterion in compelling or compassionate circumstances. These matters need careful legal analysis before anything is said to the Tribunal, because explanations become evidence. In a criterion 4020 case, how to appeal partner visa refusal decisions is as much about what is said as about what is filed.

Where the refusal was about Schedule 3

An onshore applicant who did not hold a substantive visa when applying must usually meet Schedule 3 criteria 3001, 3003 and 3004, unless there are compelling reasons not to apply them. At review, the Tribunal considers whether compelling reasons exist at the time of its decision. Couples researching how to appeal partner visa refusal decisions based on Schedule 3 should collect evidence of circumstances as they stand now, not only as they stood at lodgement. See the firm's Schedule 3 waiver page and our guides to Schedule 3 criteria and the Schedule 3 partner visa waiver.

Where the relationship has ended or there is family violence

If the relationship has ended because of family violence, the special provisions in Division 1.5 of the Migration Regulations may allow the applicant to continue. The evidence then focuses on the relationship before it ended and on the family violence. In these matters, how to appeal partner visa refusal decisions safely includes protecting the applicant's wellbeing throughout the review. See the firm's family violence partner visa page and our article on what happens if the relationship breaks down.

Where documents were missing

Some refusals are caused by a missing police certificate, health examination or sponsorship form. These can often be supplied at review. Our partner visa document checklist lists the documents usually required.

Subclass 300: marriage after the refusal

For a Subclass 300 refusal, if the couple marry after the refusal and before the review is finally determined, and tell the ART, the application is also taken to be an application for a partner visa if the matter is remitted (reg 4.15(4)). That rule can change the whole strategy for how to appeal partner visa refusal decisions on a prospective marriage visa.

What happens to your bridging visa during the appeal?

If you lodge the review in time, an onshore bridging visa generally continues while the ART reviews the refusal. A Bridging A visa granted with a partner visa application on or after 19 November 2016 ceases 35 days after the refusal if no review is lodged. If a review is lodged in time, it continues and ceases 35 days after the ART's decision, or stays in effect if the matter is remitted (Sch 2 cl 010.511). The same 35-day pattern applies to Bridging B and Bridging C visas.

This is one of the strongest practical reasons to act quickly. Lodging the review in time preserves lawful status in Australia for the life of the review. That is why how to appeal partner visa refusal decisions is also a question of staying lawful. Our guides to Bridging Visa A, bridging visas in Australia and work rights on a bridging visa while waiting for a Subclass 820 explain the conditions that usually continue to apply.

Anyone working out how to appeal partner visa refusal decisions should check their own bridging visa grant and conditions. Bridging visa rules depend on the visa held, the date of grant and any conditions imposed.

What people get wrong about how to appeal partner visa refusal decisions

Several common beliefs about how to appeal partner visa refusal decisions are wrong, and acting on them can cost a couple the review.

"I can ask the Tribunal for more time"

This is wrong. The 28-day time limit in section 347(3) cannot be extended. A review application lodged late is not properly made, and the Tribunal cannot hear it.

"I can lodge now and pay the fee later"

This is wrong. The fee, or a fee-reduction request with at least half the fee paid, must be in place within the 28 days.

"The Tribunal only looks at what the Department had"

This is wrong. The ART decides the application afresh on the evidence before it at the time of review, including new evidence.

"A new partner visa application is quicker than an appeal"

This is often wrong for onshore applicants. After an onshore refusal, section 48 of the Migration Act limits the visas an applicant can apply for in Australia. Our article on applying for a partner visa after a visa refusal explains when a fresh application is available, and when review is the better path.

"The Department will argue against us at the hearing"

This is usually wrong. The Minister is a non-participating party, and the Department generally does not appear. The Tribunal member asks the questions.

Step 9: Written submissions before the hearing

In the process of how to appeal partner visa refusal decisions, written submissions are a document that sets out, criterion by criterion, why the visa should be granted on the law and the evidence. They are usually filed with the evidence before the hearing, within any timetable the Tribunal sets.

Submissions are where the legal work in how to appeal partner visa refusal decisions becomes visible to the Tribunal member. A good submission does four things:

• Identifies the issues. It states which criteria are in dispute and which are not.
• States the law. It sets out the relevant sections and regulations, such as section 5F or section 5CB, reg 1.15A(3) or reg 1.09A(3), Schedule 3 or public interest criterion 4020.
• Connects the evidence. It points to the specific documents and statements that answer each finding in the decision record.
• Deals with weaknesses honestly. It explains inconsistencies rather than ignoring them, using the couple's own evidence.

Submissions do not replace oral evidence. The Tribunal will still want to hear from the couple. But submissions help the member understand the case before the hearing begins, and they reduce the risk that an important point is missed. Our article on the visa appeal lawyer's role explains how submissions fit into the wider review.

Timing the evidence and submissions

Evidence and submissions should arrive in time for the member to read them. Material sent the night before a hearing may not be fully considered. When planning how to appeal partner visa refusal decisions, work backwards from the hearing date and allow time for translations, Form 888 supporting statements and any overseas documents.

Step 10: The hearing invitation and preparation

The ART will usually invite the review applicant to appear at a hearing to give evidence and present arguments. The invitation states the date, time and format of the hearing. It must be answered by the date given, usually by returning a response form.

Preparation is the stage of how to appeal partner visa refusal decisions where couples have the most control. Good preparation includes:

• Confirming attendance. Return the response to the hearing invitation on time and confirm who will attend.
• Naming witnesses. Tell the Tribunal in advance about the sponsor and any witnesses who will give evidence.
• Asking for an interpreter if needed. Tell the Tribunal in the response if an interpreter is needed for the applicant or a witness.
• Re-reading the evidence. Both partners should re-read their relationship statement, their application forms and the decision record.
• Practising the chronology. Dates of meeting, moving in together, marriage or registration, and periods apart are commonly asked about.

What preparation is not

Preparation is not rehearsing answers or agreeing on a story. The Tribunal wants honest evidence from each partner, in their own words. Where the partners remember an event differently, the right course is to say so. Preparation means making sure each person understands the process, knows the documents and is not surprised by the questions.

Hearings from overseas

For a Subclass 309 or Subclass 300 review, one partner may be outside Australia. The Tribunal can usually take evidence by telephone or video from overseas. Ask the Tribunal well before the hearing how overseas evidence will be taken, and check the time difference. For offshore couples, how to appeal partner visa refusal decisions includes planning for a hearing across two time zones.

Step 11: What happens at the ART hearing

At the ART hearing, a Tribunal member asks the applicant, the sponsor and any witnesses questions about the issues in the review, and the applicant or their representative can make submissions. The hearing is less formal than a court, but evidence is usually given under oath or affirmation. For many couples, the hearing is the part of how to appeal partner visa refusal decisions that causes the most worry, and knowing its structure helps.

A typical partner visa hearing follows this pattern:

• Opening. The member explains the issues and confirms the documents received.
• Evidence from the applicant. The member asks about the relationship, the evidence and any adverse findings.
• Evidence from the sponsor. The sponsor is usually asked similar questions, sometimes separately.
• Evidence from witnesses. Witnesses may be asked how they know the couple and what they have seen.
• Adverse information. If the member is considering information that could be a reason for affirming the refusal, the member will usually put it to the applicant for comment.
• Closing submissions. The representative summarises why each criterion is met.

If you cannot attend

If the applicant does not appear at a hearing after being properly notified, the ART may dismiss the review (ART Act s 99). An application to reinstate a dismissed review must be made within 28 days after the applicant receives notice of the dismissal (Migration Act s 368C). This is a short window, and it should not be relied on as a plan. If there is a genuine reason that makes attendance impossible, such as serious illness, contact the Tribunal before the hearing and ask for an adjournment with evidence.

Missing a hearing is one of the most avoidable ways to fail when learning how to appeal partner visa refusal decisions. Attendance at the hearing should be treated as seriously as the 28-day deadline itself.

Withdrawing a review

An applicant can withdraw a review by written notice to the Tribunal, and the application is then taken to be dismissed (ART Act s 95). Withdrawal should never be done without advice, because it ends the review and can end the bridging visa.

Step 12: The ART decision and written reasons

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 (Migration Act s 349(2) and reg 4.15(1)). In partner visa reviews, remittal is common. The Tribunal sets aside the refusal and sends the matter back with a direction that a specified criterion, such as the relationship criterion, is taken to be satisfied.

The ART must give a written statement of its decision with reasons (s 368(1)), and it must notify the applicant within 14 days after the day on which the decision is taken to have been made (s 368A). Read the reasons in full. They explain which criteria were accepted and what the Department must now do. The reasons are the final record of how to appeal partner visa refusal decisions in your own matter.

Can the ART decide without a hearing?

In some matters, the Tribunal decides the review in the applicant's favour on the papers, without a hearing. This usually happens where the only problem was a missing document that has now been supplied, or a time-based limitation that has since expired. The Tribunal decisions in the next section include examples.

If the ART affirms the refusal

If the ART affirms the refusal, the review is over and the bridging visa usually ceases 35 days later. The Minister has a personal, non-compellable power to substitute a more favourable decision in the public interest (s 351). Review by a court on a question of legal error also exists. Neither is a rehearing of the evidence. For this reason, the Tribunal stage is the most important stage in how to appeal partner visa refusal decisions.

What happens after the ART remits a partner visa refusal?

After the ART remits a partner visa refusal, the Department must reassess the remaining criteria and is bound by the Tribunal's finding on the criterion it decided. The Department does not reopen the question the Tribunal has settled.

In practice, the remaining criteria are often health, character, police certificates and public interest criteria. The applicant may receive requests for updated police certificates, health examinations or forms. These must be answered promptly. For an onshore matter, the Subclass 820 visa may then be granted, and the Subclass 801 is assessed later. Our guides to the Subclass 820 partner visa and the Subclass 820 onshore partner visa explain the two-stage process.

For a Subclass 309 matter, the applicant remains outside Australia while the Department completes its assessment. For a Subclass 300 matter where the couple married during the review and told the Tribunal, the application may proceed as a partner visa application (reg 4.15(4)).

Knowing what follows remittal is part of knowing how to appeal partner visa refusal decisions from start to finish. A remittal is a major step, but it is not yet a visa grant. The bridging visa generally stays in effect while the remitted application is decided.

What Tribunal decisions show about different refusal grounds at review

Tribunal decisions show that partner visa refusals on many different grounds have been set aside and remitted at review. In each decision below, the Tribunal set aside the refusal and sent the matter back to the Department. They illustrate how to appeal partner visa refusal decisions on different grounds. The summaries describe only what the published headnote records. They are not cases of My Migration Lawyers, and each turned on its own evidence.

The relationship criterion

• HAN (Migration) [2026] ARTA 1421. A Subclass 820 matter. The headnote records a genuine and continuing relationship, a valid marriage, and the financial, household and social aspects of the relationship and the nature of the commitment.
• HEJAZE (Migration) [2026] ARTA 1915. A Subclass 309 matter. The headnote records a genuine and continuing relationship, a valid marriage, the financial, household and social aspects of the relationship and the nature of the commitment, and good knowledge of each other's circumstances.
• 2306750 (Migration) [2026] ARTA 1754. A Subclass 820 matter. The headnote records a de facto partner of the sponsor at the time of the visa application, a valid marriage, residing together and joint bank accounts.
• THAPA (Migration) [2026] ARTA 962. A Subclass 820 matter. The headnote records a genuine and continuing relationship and a valid marriage after the delegate's decision.

Prospective marriage

• OUEIK (Migration) [2026] ARTA 870. A Subclass 300 matter. The headnote records a genuine intention to marry and live as spouses, relationship evidence, and wedding uncertainty caused by visa processing.

Public interest criterion 4020

• PALASIT (Migration) [2026] ARTA 1914. A Subclass 820 matter. The headnote records false or misleading information, a previous relationship not declared, the element of fraud or deception, and the discretion to waive the criterion.

Schedule 3

• Ali (Migration) [2026] ARTA 640. A Subclass 820 matter. The headnote records compelling reasons to waive the Schedule 3 criteria, a genuine and continuing relationship, children of the relationship and DNA testing.

Family violence after the relationship ended

• 2538577 (Migration) [2026] ARTA 1176. A Subclass 820 matter. The headnote records that the relationship ceased, a genuine and continuing relationship before family violence, pooling of financial resources and shared household responsibilities.

Documents supplied and limitations expired, decided without a hearing

• Freeland (Migration) [2024] AATA 1083. A Subclass 820 matter. The headnote records the health requirements, evidence of the required examination provided to the Tribunal, and a decision made without a hearing being necessary.
• Fouracres (Migration) [2024] AATA 61. A Subclass 820 matter. The headnote records that an AFP certificate expired before the visa was finalised, a new certificate was provided to the Tribunal, and a decision was made without a hearing being necessary.
• Dang (Migration) [2024] AATA 137. A Subclass 820 matter. The headnote records a sponsorship limit, an application made within 5 years of a previous sponsorship, that the 5 years had now passed, and a decision made without a hearing being necessary.

The pattern across these decisions is that the Tribunal decided each criterion on the evidence before it at the time of review. That is the practical lesson in how to appeal partner visa refusal decisions: identify each reason, answer it with evidence, and put it before the Tribunal in time. None of these decisions predicts the result of another matter.

How My Migration Lawyers runs a partner visa refusal appeal from lodgement to decision

My Migration Lawyers runs partner visa refusal appeals at the Administrative Review Tribunal from the first reading of the refusal notice to the Tribunal's decision and the work that follows remittal. The firm deals with complex partner visa refusals, acts in many review matters of exactly this type, and is capable of handling an appeal whether the refusal turned on the relationship, Schedule 3, public interest criterion 4020, a sponsorship limitation or missing documents. When couples ask how to appeal partner visa refusal decisions, this is the work the firm does, step by step:

• Deadline and validity check. We confirm the date and method of notification, calculate the 28-day deadline, confirm who must apply, and check that an onshore applicant is in Australia.
• Lodgement and fee. We lodge the review application with the decision notice and make sure the fee, or a hardship request with at least half the fee, is paid within time, so the application is properly made.
• Department's documents. We request the Department's documents under section 362A as soon as the review starts and compare them with the couple's records.
• Decision analysis. We break the decision record into each criterion found not met, and identify any criterion likely to arise on remittal.
• Evidence review. We review the couple's relationship statement against the forms and the documents, identify gaps and inconsistencies, and ask the couple to correct and complete their own account. We organise Form 888 supporting statements and any police certificates or health examinations needed.
• Written submissions. We prepare submissions on each criterion in dispute, linking the law to the evidence.
• Hearing preparation and appearance. We respond to the hearing invitation, prepare the applicant, the sponsor and witnesses so they understand the process, and appear with them at the hearing.
• Decision and remittal. We read the Tribunal's reasons with the couple and, if the matter is remitted, manage the file back at the Department until the remaining criteria are assessed.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, about the firm's partner visa lawyer work in Australia, and about when you need an immigration lawyer for a partner visa. Our factual comparison of a partner visa migration agent or lawyer, our guide to partner visa lawyer help versus doing it yourself, and our article on getting a second opinion from an immigration lawyer explain what professional help involves. If you lodged the original application yourself, our article on hiring an immigration lawyer after lodgement explains how the firm steps in, and our guide to booking an immigration lawyer consultation explains the first meeting.

My Migration Lawyers acts for refused partner visa clients across Australia by video consultation. This includes 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 and Brisbane. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000, and you can contact My Migration Lawyers in writing.

Every partner visa refusal is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure the review is lodged properly and on time, that the Tribunal sees complete and consistent evidence on every criterion in dispute, and that you understand how to appeal partner visa refusal decisions at each step, from lodgement to the Tribunal's decision.

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