Partner Visa After Deportation: Can Your Partner Come Back?

A partner visa after deportation is the question an Australian sponsor asks when the person they love has been forced to leave Australia. Whether a partner visa after deportation can be granted depends first on one legal fact: was your partner deported under section 200 of the Migration Act 1958, or removed under section 198? The answer decides which special return criterion in Schedule 5 of the Migration Regulations 1994 applies, whether there is any waiver, and how long you must wait.

This guide is written for the Australian citizen, permanent resident or eligible New Zealand citizen whose partner has been deported or removed. It explains the legal difference between deportation and removal, the permanent bar in special return criterion 5001, the 12-month exclusion in special return criterion 5002, removal debts under public interest criterion 4004, character problems where the removal followed a section 501 cancellation, and the evidence you need to show that the relationship survived the separation. It also explains why the Subclass 309 offshore partner visa is usually the pathway, and how My Migration Lawyers assesses whether and when an application should be lodged.

For the full framework of partner visa subclasses, the complete guide to partner visas in Australia sets out each stage. The firm's partner visa lawyers page explains the legal work the firm does on these applications.

Partner visa after deportation: can your partner come back?

Yes, in many cases, but only if your partner was removed rather than deported, and only if no section 501 cancellation sits behind the removal. A partner visa after deportation in the strict legal sense, meaning a deportation order under section 200, cannot be granted under the ordinary visa criteria.

The Subclass 309, Subclass 100 and Subclass 300 visas all require an applicant who has previously been in Australia to satisfy special return criteria 5001 and 5002. Clause 309.226 sets this requirement for the Subclass 309 primary applicant, and clause 300.224 sets it for the Subclass 300 primary applicant. Each criterion deals with a different kind of departure:

• Special return criterion 5001 is a permanent bar. It applies to a person deported under section 200 and to a person whose visa was cancelled under section 501, 501A, 501B or 501BA, unless one of the narrow exceptions applies. Department policy states plainly that there is no provision to waive it.
• Special return criterion 5002 is a 12-month exclusion period. It applies to a person removed from Australia under section 198, 199 or 205. It can be waived where there are compassionate or compelling circumstances affecting the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

So the honest answer to the question "can my partner come back?" has three parts. If your partner was removed after overstaying, after a visa refusal or after an ordinary cancellation, a partner visa after deportation is usually achievable once the 12-month period has passed, and sometimes sooner. If your partner was removed after a section 501 cancellation that was never revoked, the position is extremely difficult. If your partner was deported under a deportation order, the ordinary partner visa pathway is closed.

Other criteria still apply on top of the special return criteria. Any removal debt must be dealt with under public interest criterion 4004. The character test in section 501 is assessed through public interest criterion 4001. Past false information is assessed under public interest criterion 4020. And the relationship itself must be genuine and continuing, which is harder to prove after a forced separation. Each of these is explained below, in the order a case officer usually considers them when deciding a partner visa after deportation.

Deportation or removal: which one actually happened?

Deportation and removal are two different legal processes in the Migration Act 1958, and most people who say their partner was "deported" were actually removed. The difference matters more than anything else in a partner visa after deportation assessment.

Removal under section 198

Removal is the ordinary process for an unlawful non-citizen. Section 198 of the Migration Act requires an officer to remove an unlawful non-citizen as soon as reasonably practicable in a range of situations. These include a person who asks in writing to be removed, a detainee whose visa application has been refused and finally determined, and a person whose visa was cancelled where no further valid application has been made.

Removal does not require a court or a Minister to make an order about the individual. It follows automatically from the person's status as an unlawful non-citizen. Common examples include:

• a partner who overstayed a visitor or student visa and was located by the Australian Border Force;
• a partner whose onshore visa application was refused, who did not seek review in time, and who was then detained;
• a partner whose visa was cancelled under section 116 and who had no further visa to hold; and
• a partner who asked to be removed while in immigration detention.

Each of these people was removed, not deported. Their families often use the word "deported" because that is what it felt like, and they search for a partner visa after deportation for the same reason. Legally, it was removal under section 198, and that is good news for a partner visa after deportation application, because the bar that follows removal is temporary and can be waived.

Deportation under section 200

Deportation is a separate and much rarer process. Section 200 provides that the Minister may order the deportation of a non-citizen to whom Division 9 of Part 2 applies. The Act defines a deportation order as an order for the deportation of a person made under, or continued in force by, the Act.

Division 9 applies to limited groups of non-citizens. Section 201 deals with non-citizens who have been in Australia for less than 10 years and are convicted of crimes. Section 202 deals with deportation on security grounds, where the Minister holds an adverse security assessment. Section 203 deals with non-citizens convicted of certain serious offences, including specified offences against the Criminal Code. Section 206 provides for a deportation order to be executed, and section 253 deals with the detention of a deportee.

A deportation order is a personal decision about that individual. It is not something that happens automatically because a visa expired. If your partner was deported, there will be a written deportation order, and the Department's records will show it. If there is no deportation order, the partner visa after deportation question is really a question about removal.

In practice, the Department now deals with most non-citizens who commit serious offences by cancelling their visa under section 501 and then removing them under section 198, rather than by making a deportation order under section 200. That is why the third category below matters so much for anyone considering a partner visa after deportation. The firm's guide to a partner visa with a criminal record explains how offending is assessed for partner visas generally.

Removal after a section 501 cancellation

Some partners are removed under section 198 only after their visa was cancelled on character grounds under section 501. Legally this is removal, not deportation. But the cancellation itself triggers special return criterion 5001, which is a permanent bar. For a partner visa after deportation, a section 501 cancellation is treated much more like deportation than like ordinary removal.

The firm's guides on a partner visa after visa cancellation and on section 501 character concerns for partner visas explain the cancellation side in more detail. The short answer page on whether you can get a partner visa after a section 501 cancellation gives the headline position.

How do you find out whether your partner was deported or removed?

You find out by reading the documents your partner received and, where they are missing, by requesting the Department's file. A partner visa after deportation should never be lodged on an assumption about how the departure happened.

The documents that usually answer the question are:

• The cancellation notice, if a visa was cancelled. It states the section used, for example section 116 or section 501.
• Any notice of a decision not to revoke a mandatory cancellation under section 501CA(4).
• Detention and removal paperwork, which normally refers to section 198.
• A deportation order, if one was made. This is a separate document signed under section 200.
• Refusal letters for any visa applications made before the departure.
• Any invoice from the Department for the costs of removal.

Many removed partners left Australia in a hurry and do not have these papers. In that case a request for the immigration file under the Freedom of Information Act 1982 is usually the first step. The firm's guide to a partner visa FOI request explains how to obtain the file and what it contains.

The file also shows other matters that affect a partner visa after deportation, such as the exact date of removal, whether any earlier visa was cancelled under section 109 for incorrect information, and whether a debt was raised. Department policy instructs officers to check its systems, including the Movement Alert List, to confirm the start and end dates of any exclusion period. You should know those dates before the Department does.

Where the history is unclear, the firm's work on partner visa refusals often begins with the same file request. People who have a complicated history can read about the work of a partner visa lawyer for applicants with visa history problems, and about disclosing a previous visa refusal on a partner visa.

Which special return criteria apply to a partner visa after deportation?

Special return criteria 5001 and 5002 apply to every offshore partner visa applicant who has previously been in Australia. Public interest criteria 4013 and 4014 do not apply to the Subclass 309.

This point is often misunderstood. Public interest criterion 4013 imposes a three-year exclusion after certain visa cancellations, and public interest criterion 4014 imposes a three-year exclusion on a person who left Australia as an unlawful non-citizen or on certain bridging visas. Those three-year exclusions are criteria for some visas, such as the Subclass 417 Working Holiday visa. The Department's exclusion periods policy states expressly that public interest criteria 4013 and 4014 are criteria for a Subclass 417 visa but not for a Subclass 309 visa. The list of public interest criteria in clause 309.225, and in clause 300.223 for the Subclass 300, does not include them.

That means a partner who overstayed, left as an unlawful non-citizen, or had a visa cancelled under section 109 or section 116 does not face a three-year bar for a Subclass 309 application. The relevant timing rule for a partner visa after deportation is the 12-month exclusion in special return criterion 5002, if the partner was removed. A partner who overstayed before leaving can also read the guide on a partner visa after overstaying.

The position is different for visitor visas. If your partner hopes to visit Australia while a partner visa after deportation is being processed, the visitor visa has its own criteria, and those may include exclusion periods that do not apply to the Subclass 309. The firm's guides on visiting Australia during partner visa processing and visiting Australia while a Subclass 309 is processed explain the risks.

Special return criterion 5001: the permanent bar

Special return criterion 5001 is a permanent exclusion. Department policy describes it as a criterion that a non-citizen may never satisfy if the person falls within it, and states that there is no provision to waive it. For a partner visa after deportation, it is the provision that decides whether the ordinary pathway exists at all, so it is always checked first.

Deportation under section 200

A person who was deported from Australia under section 200 cannot satisfy special return criterion 5001. The same applies to a person deported under the equivalent earlier provisions, sections 55, 56 or 57 as in force from 19 December 1989 to 1 September 1994, and sections 12, 13 or 14 as in force before 19 December 1989.

Department policy states that the bar starts on the date of deportation and never ends. No compassionate circumstances can be considered by the case officer. The length of the relationship, the presence of Australian children and the hardship to the sponsor do not change the result at the primary decision stage.

That does not mean every couple affected by a deportation order has no option. It means the ordinary partner visa pathway, where a case officer applies the criteria, is closed. Any remaining avenue depends on the Minister's personal powers, which are discretionary and exceptional. This is discussed below, in the section on refusal and review.

Cancellation under section 501, 501A, 501B or 501BA

A person whose visa was cancelled under section 501, 501A or 501B cannot satisfy special return criterion 5001 unless:

• the cancellation was revoked under section 501C(4) or section 501CA(4); or
• after the cancellation, the Minister acting personally granted the person a permanent visa.

A person whose visa was cancelled under section 501BA cannot satisfy special return criterion 5001 unless the Minister has personally granted a visa after that cancellation.

For most couples, this means a partner visa after deportation that followed a section 501 cancellation depends on whether the cancellation was ever revoked. If your partner's visa was cancelled under the mandatory cancellation provision in section 501(3A), the most important question is whether a revocation request was made under section 501CA, and what happened to it. If revocation was refused and that decision is final, special return criterion 5001 remains a permanent barrier to the ordinary grant of a partner visa.

This is the most common way a sponsor's partner ends up facing a permanent bar, and the most common reason a partner visa after deportation cannot proceed in the ordinary way. It is also the situation in which families are most often given wrong information, usually that "after 10 years" or "after a waiting period" the bar falls away. Under special return criterion 5001 it does not.

What special return criterion 5001 does not cover

Special return criterion 5001 is narrower than many people assume. Department policy confirms it does not apply where:

• the visa was refused, rather than cancelled, on character grounds; or
• the visa was cancelled under section 501 before 1 June 1999 on grounds other than past criminal conduct, for example general conduct.

It also does not apply to cancellations under other sections, such as section 109, section 116 or section 128, even if the partner was later removed. Those cancellations, and the removal that followed, are dealt with under special return criterion 5002 and the other criteria, not under the permanent bar.

A character refusal of an earlier visa application is still highly relevant, because the Department will assess the character test again for the partner visa. But it is not a permanent bar under special return criterion 5001. The guide on a partner visa character refusal explains the options after a character refusal, and the page on partner visa character requirements explains the test itself.

Special return criterion 5002: the 12-month exclusion after removal

Special return criterion 5002 prevents the grant of a partner visa to a person removed from Australia under section 198, 199 or 205 if the application is made within 12 months of removal, unless the case officer is satisfied that the grant is justified by compelling or compassionate circumstances. For most sponsors, this is the criterion that governs a partner visa after deportation.

Department policy sets out the key features:

• Start date: the date the non-citizen was removed.
• End date: 12 months after the date of removal.
• Waiver: available where there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
• Valid application: the exclusion does not stop the partner from lodging a valid application. It affects whether the visa can be granted.

Two practical consequences follow for a partner visa after deportation. First, once 12 months have passed since the removal, special return criterion 5002 is no longer an obstacle, and a partner visa after deportation is assessed on the ordinary criteria. Second, an application lodged inside the 12 months is possible, but it needs a properly prepared waiver submission. Department policy is that the exclusion criteria are usually assessed before any other criteria, and that the visa application charge may not be refunded if the visa is refused.

A partner who was removed and also had an earlier visa cancelled may face more than one exclusion at once. The Department's policy gives the example of a person whose visa was cancelled under section 109 and who was then removed under section 198, applying for a visa that lists both public interest criterion 4013 and special return criterion 5002. For a Subclass 309, public interest criterion 4013 is not a criterion, so only the removal exclusion is relevant.

Compassionate or compelling circumstances for an Australian sponsor

The waiver in special return criterion 5002 is written with sponsors in mind. It refers expressly to circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen. That is the sponsor in a partner visa after deportation case.

Department policy gives examples of compassionate circumstances affecting the interests of an Australian, including where, if the visa were not granted:

• family members in Australia would be left without financial or emotional support;
• family members in Australia would be unable to properly arrange a relative's funeral; or
• a parent in Australia would be separated from their child.

These examples are not exhaustive. In a partner visa after deportation case, the circumstances that commonly carry weight in a waiver submission include an Australian citizen child separated from a parent, a sponsor with a serious illness or disability who depends on the partner for care, a pregnancy, a sponsor who cannot relocate overseas because of their own health, children or custody orders, and serious financial hardship caused by the separation.

The case officer first decides whether compelling or compassionate circumstances exist, and then decides whether they justify granting the visa within the exclusion period. Both steps must be addressed. A submission that lists hardship without explaining why it justifies grant now, rather than in a few months, does not answer the second step.

The firm's articles on compelling and compassionate circumstances for partner visas and on compelling reasons involving Australian citizen children explain how these arguments are built in other parts of partner visa law. The same discipline applies here.

What the Department does not accept

Department policy also lists claims that should not, by themselves, be treated as unintended consequences of the exclusion provisions. These include claims that the person did not know the conditions of their visa, did not receive a visa label, or believes the Department wrongly cancelled a previous visa where they did not seek review or review failed.

Policy also says that a claim that the person would work and pay taxes, pay fees or spend money in Australia does not amount to compelling circumstances affecting the interests of Australia. A partner visa after deportation waiver must therefore focus on the effect on the Australian sponsor and family, supported by evidence, rather than on general benefits to Australia.

Removal debt and public interest criterion 4004

A removal debt must be paid in full, or covered by an instalment arrangement approved by the Department, before a partner visa after deportation can be granted. Public interest criterion 4004 requires that the applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.

Section 210 of the Migration Act makes a removed or deported non-citizen liable for the costs of the removal or deportation. Section 212 deals with the costs of removed or deported spouses, de facto partners and dependants. The Department invoices these costs, and Department policy records debts owed by non-citizens on the Central Movement Alert List until they are paid in full, waived, or the person becomes an Australian citizen.

The Department's policy on public interest criterion 4004 sets out how a case officer deals with a debt:

• Payment in full. As a matter of policy, in most circumstances the Department expects the debt to be paid in full before the visa is granted.
• Approved instalment arrangement. A person who cannot pay in full must apply for an instalment plan. The Department's Debt Management Unit negotiates and approves instalment plans and deferrals.
• Failure to pay or arrange. Policy states that failure to pay the debt or enter an acceptable arrangement will result in the applicant being unable to satisfy the visa criteria, and the visa will be refused.
• Write-off does not help. A debt that has been written off as uneconomical to pursue still remains payable, stays on the alert list and must still be taken into account under public interest criterion 4004.
• Waiver extinguishes the debt. A waiver is a separate concession made under the Public Governance, Performance and Accountability Act 2013 by the Minister for Finance or Department of Finance delegates. It has not been delegated to Home Affairs officers. A waived debt is not counted.

Two points about removal debts are often misunderstood by sponsors preparing a partner visa after deportation. First, the debt belongs to the person who was removed, and the case officer will check it whether or not the sponsor knew about it. Second, Department policy lists detention debts as arising only for illegal foreign fishers and people smugglers, so an ordinary removed partner's debt is usually the cost of the removal itself, not a bill for months in detention. The amount should be confirmed from the invoice or the Debt Management Unit rather than guessed.

Public interest criterion 4004 also reaches debts owed to other Commonwealth agencies, such as the Australian Taxation Office or Services Australia, but not debts to State governments such as traffic fines or hospital debts. The firm's guides on partner visa immigration debt and on whether you can get a partner visa if you owe money to the Australian Government explain the wider rule.

In 1803906 (Migration) [2021] AATA 2023, a Subclass 300 refusal was remitted where the recorded issues were false or misleading information, previous refused visa applications, outstanding debts to the Australian Government and waiver of requirement. The case is recorded only by those issue words. It shows that debt and integrity issues can arise together, and that the Tribunal will look at the evidence afresh.

Character issues when removal followed a visa cancellation

Every partner visa after deportation application is assessed against the character test in section 501, through public interest criterion 4001. If the removal followed criminal conduct, the character assessment will be central even where special return criterion 5001 does not apply.

A person does not pass the character test if, among other things, they have a substantial criminal record. Section 501(7) defines a substantial criminal record to include a sentence of imprisonment of 12 months or more. Where the partner's visa was refused or cancelled under a provision other than section 501, or the partner's offending did not lead to a section 501 cancellation, the Department will still assess the full criminal history when deciding the partner visa.

For a partner visa after deportation, the character evidence usually includes:

• police certificates from Australia and from every country where the partner has lived for 12 months or more in the last 10 years since turning 16;
• court records, sentencing remarks and evidence of completion of any sentence;
• evidence of rehabilitation since the removal, such as employment, treatment programs and community references; and
• the sponsor's own account of the relationship and the family's circumstances, including any Australian children.

The firm's guides on a partner visa with a criminal record, the AFP police check, overseas police certificates and overseas convictions explain each of these. Where a certificate cannot be obtained, the short answer on what to do if you cannot get a police certificate applies.

In Madade (Migration) [2023] AATA 3843, a Subclass 309 refusal was remitted where the recorded issues were the character test, a statement from an appropriate authority, and certificates from the Zimbabwe Criminal Investigation Department Headquarters and the South African Police Service. The case is recorded only by those issue words. It illustrates that police certificate problems can be fixed on review when the right documents are obtained.

Public interest criterion 4020 and the removed partner's history

Public interest criterion 4020 is assessed for every partner visa after deportation application, and a removed partner's history often contains the information that triggers it. The criterion is concerned with false or misleading information and bogus documents given to the Department, and with identity.

A partner who was removed may have given information in earlier applications that the Department later found to be incorrect. A visa cancelled under section 109 for incorrect information, for example, does not create a three-year exclusion for a Subclass 309, but the underlying facts can still be relevant under public interest criterion 4020. A partner visa after deportation application must therefore be completely accurate about the partner's past, including the removal, any detention, any previous names and every earlier refusal or cancellation.

The firm's guides on partner visa PIC 4020, on a false information refusal and on undisclosed convictions explain how these issues are handled. Where the Department finds an earlier error, the guide on incorrect answers found by the Department is relevant.

Department policy also warns that a person who was removed and later obtained a visa under a changed name, where an exclusion period should have applied, may have that visa considered for cancellation. A partner visa after deportation must never be lodged under a different name or with the removal left out.

Why the offshore Subclass 309 is the usual pathway

The offshore Subclass 309 is the usual pathway for a partner visa after deportation because the partner is outside Australia and, in most cases, cannot lawfully return to apply onshore. The Subclass 309 and Subclass 100 are applied for together on one application, and the Subclass 309 is assessed first.

The onshore Subclass 820 partner visa requires the applicant to be in Australia when applying. A removed partner would first need a visa to travel to Australia, and that visa would have its own criteria, including the special return criteria and, for some visas, exclusion periods. Even if a visitor visa were granted, an onshore application can face a no further stay condition and Schedule 3 problems. The comparison between onshore and offshore partner visas and the page on the difference between the 820 and 309 partner visas explain the structure.

The Subclass 309 avoids those problems, which is why almost every partner visa after deportation is an offshore application. The application is lodged while the partner is outside Australia, and the Department assesses the special return criteria, the public interest criteria and the relationship. Where the couple are not yet married and intend to marry, the Subclass 300 prospective marriage visa is the alternative. It carries the same special return criteria under clause 300.224.

Practical points for a Subclass 309 after removal:

• Lodge from outside Australia. An offshore application made from inside Australia can be invalid. The short answer on whether an offshore application lodged in Australia is invalid explains why.
• Lodgement accuracy. Avoidable errors cause delay. The guide to offshore lodgement mistakes lists the common ones.
• Grant location. The rules about where the applicant must be at grant changed in recent years. The short answer on whether you need to be outside Australia when your Subclass 309 is granted explains the current position.
• First entry. Once granted, the visa will specify a date by which the holder must first enter Australia. The guide to the partner visa first entry deadline explains what happens if travel is delayed.
• Charge and timing. The visa application charge is payable on lodgement and may not be refunded if the visa is refused. The firm's guides on partner visa cost and processing times explain both.

The firm's guides on the offshore partner visa and the offshore partner visa lawyer set out the wider process. Sponsors who live overseas with the removed partner can read the guide for a partner visa sponsor living overseas.

Relationship evidence while you live apart

A partner visa after deportation succeeds or fails on proof that the relationship is genuine and continuing despite the forced separation. The Department assesses the four aspects of the relationship, financial, household, social and the nature of the commitment, and the removal changes how each one is proved.

Living apart because one partner was removed is not, by itself, a reason to refuse a partner visa after deportation. The legal question is whether the couple have a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, and whether they live together or do not live separately and apart on a permanent basis. A separation imposed by removal is the clearest example of a separation that is not permanent by choice. The guides on temporary separation, a partner visa without living together and long-distance relationships explain the legal test.

The evidence that carries weight in a partner visa after deportation case usually includes:

• Contact records. Regular calls, video calls and messages over the whole period since the removal. The guide on partner visa chat evidence explains how to present them without filling the file with thousands of screenshots.
• Visits. Travel by the sponsor to see the partner overseas, with boarding passes, passport stamps and accommodation records. The guide on travel evidence applies.
• Financial support. Money transfers from the sponsor, shared expenses during visits and any joint financial plans. The guide on financial evidence explains what is useful.
• Household history. Evidence of the period when the couple lived together in Australia before the removal, including leases, bills and shared care of children. The page on household evidence applies.
• Social recognition. Form 888 statements from Australian citizens or permanent residents who know the couple and who know about the removal. The guide on Form 888 for partner visas explains who can make one.
• Commitment. Plans for the future, the decision to marry or remain married despite the removal, and the steps already taken towards the application. The guide on commitment evidence explains this aspect.

Each partner also gives their own relationship statement. In a partner visa after deportation case, the statements should deal openly with the removal: what happened, how the couple kept the relationship going, and why they intend to live together in Australia. The guide on the partner visa relationship statement explains structure, and the overview of the four aspects of the relationship explains how the evidence fits together. Couples where the separation followed imprisonment can also read about a relationship during imprisonment.

When should a partner visa after deportation be lodged?

A partner visa after deportation should be lodged only after the departure has been confirmed from the documents, any removal debt has been dealt with or a plan is in place, and the relationship evidence is ready. Timing is a legal decision, not just a practical one, and getting it wrong is the most expensive mistake in a partner visa after deportation.

The usual timing questions are:

• Is the partner inside the 12-month exclusion? If yes, the choice is between lodging now with a waiver submission or waiting until the 12 months have passed. The strength of the compassionate or compelling circumstances, and the fact that the visa application charge may not be refunded on refusal, drive that decision.
• Is there a removal debt? If yes, contact with the Department's Debt Management Unit, and either full payment or an approved instalment arrangement, should be in place before the case officer reaches the public interest criteria.
• Are the police certificates current? Certificates must be current when the decision is made. The guide to expired police checks explains when to update them.
• Is the sponsor eligible? The sponsor must meet the sponsorship requirements, including the limitations in Division 1.4B of the Migration Regulations. The firm's page on partner visa sponsorship limitations and the guide to the partner visa sponsor explain these.
• Is there a section 501 cancellation? If yes, the first question is whether it was revoked. Without revocation, the ordinary application cannot satisfy special return criterion 5001, and lodging without a clear strategy usually wastes the application charge.

Once the application is lodged, the Department may send a request under section 56 or a letter under section 57 inviting comment on adverse information, such as the removal or the debt. The guides on responding to a section 56 request and a section 57 natural justice letter explain those steps. An independent application review before lodgement is often the most useful step for a partner visa after deportation, because most of the risk sits in the history, not in the forms.

What if a partner visa after deportation is refused?

A refused Subclass 309 can usually be reviewed by the Administrative Review Tribunal, and the visa applicant applies for that review in their own name. Under section 347(3) of the Migration Act, the application must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention. The time limit cannot be extended.

As at October 2026, the ART's fees page lists an application fee of $3,580 for review of a migration decision under Part 5 of the Migration Act, with a reduced fee of 50% available in cases of financial hardship. The fee must be paid by the review deadline. The firm's guides on who can lodge a partner visa appeal, who must apply for review of an offshore spouse visa refusal, the partner visa appeal deadline and ART fees set out the detail.

The Tribunal reviews a refused partner visa after deportation afresh, on the evidence before it. Where the refusal was based on special return criterion 5002, the Tribunal can consider for itself whether compassionate or compelling circumstances justify grant, on the evidence at the time of its decision. If 12 months have passed since the removal by the time the Tribunal decides, the exclusion may no longer stand in the way. The guide on the ART review process for partner visas explains the hearing, and the firm's page on urgent ART visa refusal applications explains how deadlines are met.

A refusal based on character under section 501, rather than under the ordinary criteria, follows different review rules. That situation is less common in a partner visa after deportation that follows ordinary removal, but it does arise. The review rights and time limits must be read from the refusal notice itself.

Where special return criterion 5001 applies, the Tribunal cannot waive it either. In those cases the only remaining avenue is usually a request to the Minister to exercise the personal power in section 351 to substitute a more favourable decision after the Tribunal has decided. That power is discretionary and non-compellable, and the Minister has no duty to consider a request. It is not a pathway to rely on, but it is the reason a partner visa after deportation that follows a deportation order or an unrevoked section 501 cancellation is assessed carefully before anyone gives up.

If the Tribunal affirms the refusal, the options are explained in the short answer on options if the Tribunal upholds a refusal and the guide to partner visa judicial review. The firm's partner visa refusals page explains the review work the firm does.

How My Migration Lawyers assesses a partner visa after deportation

My Migration Lawyers deals with complex partner visa cases, acts in many matters involving removal, cancellation and character history, and is capable of handling a partner visa after deportation from the first reading of the file through to review. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is set out on the about My Migration Lawyers page.

On a partner visa after deportation matter, the firm:

• reads the cancellation notice, any revocation decision, the removal paperwork and any deportation order to establish whether the departure was removal under section 198 or deportation under section 200;
• requests the immigration file under freedom of information where the papers are missing, and fixes the exact removal date so the 12-month exclusion under special return criterion 5002 can be calculated;
• identifies any section 501, 501A, 501B or 501BA cancellation and advises on whether special return criterion 5001 applies;
• confirms any removal debt with the Department and advises on payment or an instalment arrangement under public interest criterion 4004;
• prepares the waiver submission under special return criterion 5002 where the application is lodged inside the 12 months, built around the effect on the Australian sponsor and any children;
• prepares the character material, police certificates and rehabilitation evidence, and checks every earlier answer for public interest criterion 4020 risks;
• builds the relationship evidence for the period of separation and presents the sponsor's and the applicant's own statements, which each of them reviews and corrects, together with Form 888 statements; and
• responds to section 56 requests and section 57 letters, and acts on review at the Administrative Review Tribunal if the visa is refused.

The firm works by video consultation with sponsors across Australia and with partners overseas, from its office at Level 1, 60 Martin Place, Sydney. Sponsors can also read about the firm's work through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide, and in the guide to complex partner visa applications. The firm's visa cancellations page explains its cancellation work, and the partner visa questions hub collects related answers.

A partner visa after deportation is decided by the history behind the departure, and that history should be assessed before any application charge is paid. Book a consultation with My Migration Lawyers, or call 1300 040 300.