Partner Visa Appeal Cost

The partner visa appeal cost that every refused couple must plan for is the Administrative Review Tribunal (ART) application fee of $3,727, which applies to fees paid on or after 1 July 2026. That fee is payable within 28 days of being notified of the refusal. Understanding the full partner visa appeal cost means looking at three things together: the Tribunal fee, the other expenses of preparing a review, and the much larger cost of losing the right to review by doing nothing.

This guide explains each part of the partner visa appeal cost in plain English. It covers how much the ART charges, who pays, when the fee must be paid, how the financial hardship reduction works, when part of the fee is refunded, what other costs a couple should budget for, how professional fees are set, and why the cost of not appealing is usually much higher than the cost of appealing. It deals with refusals of the Subclass 820, Subclass 801, Subclass 309, Subclass 100 and Subclass 300 visas.

If your partner visa has just been refused, the most important number is not a dollar figure. It is the date. Read our guide to your partner visa appeal options and what to do next, then speak to the firm's partner visa refusal appeal lawyers while the review period is still running.

How much does a partner visa appeal cost?

The Tribunal's part of the partner visa appeal cost is an application fee of $3,727 for review of a partner visa refusal, for any fee paid on or after 1 July 2026. A reduced fee of 50% of the full fee may be granted on financial hardship grounds. The fee is a government charge set by the Migration Regulations 1994, and it is the same whether the couple is represented or not.

In practice, the total partner visa appeal cost has three layers:

• The Tribunal application fee. This is the fixed government charge for lodging the review. It is payable to the ART, not to the Department of Home Affairs, and not to any lawyer.
• Evidence and preparation costs. These are the out-of-pocket costs of obtaining documents, translations, police certificates, health examinations if requested, and travel for the couple and their witnesses.
• Professional fees. If the couple engages a lawyer, the lawyer's fees are separate from the Tribunal fee and are set out in a written costs agreement.

Many couples focus only on the first layer. That is understandable, because the Tribunal fee is the one number published by the government. However, the partner visa appeal cost that matters for a decision is the total cost of running the review properly, compared with the cost of the alternatives. This article covers each layer in turn.

The ART is the body that reviews partner visa refusals. It replaced the Administrative Appeals Tribunal on 14 October 2024. Decisions of the former tribunal are still useful guidance on how partner visa reviews are decided. Our article on what to expect in an ART review after a visa is refused explains the general process, and our page on visa refusal appeal lawyers explains how the firm acts in reviews across visa types.

Why the fee is described as "from 1 July 2026"

The fee is described as applying from 1 July 2026 because the ART application fee for migration decisions is indexed every 1 July under regulation 4.13B of the Migration Regulations. The ART announced that the fee for reviewable migration decisions would increase to $3,727, and that the new fees apply to any application fee paid on or after 1 July 2026, even if the application was lodged before that date.

This matters for anyone reading older material about the partner visa appeal cost. Figures quoted in earlier years are out of date. A couple should always check the current fee on the ART website on the day they lodge. The fee will change again on 1 July 2027.

The ART application fee for a partner visa review

The ART application fee for a partner visa review is a single fee paid by the person who is entitled to apply for review. That person depends on the subclass refused. Knowing who must apply is part of understanding the partner visa appeal cost, because the review is only valid if the right person lodges it and pays.

Who applies and who pays

The rules on who may apply come from section 338 and section 347A of the Migration Act 1958 and regulation 4.02 of the Migration Regulations:

• Subclass 820 and Subclass 801 refusals (onshore). The visa applicant applies for review and 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 refusals (offshore). The visa applicant applies for review. The Australian partner usually instructs, supports the review and gives evidence. See the firm's Subclass 309 visa page.
• Subclass 300 refusals. The Australian sponsor applies for review. See the firm's Subclass 300 visa page.
• Subclass 100 refused while the applicant is outside Australia. There is no ART review of that decision, so there is no partner visa appeal cost to pay at the Tribunal. The options are different and need separate advice.

The law does not stop the couple from deciding between themselves who funds the fee. What matters legally is that the correct person makes the application and that the fee is paid in time.

One fee for family members refused together

Where family members were refused together, for example a partner and a dependent child included in the same application, a combined review application attracts only one fee. This comes from regulations 4.12 and 4.13(3) of the Migration Regulations. It means the partner visa appeal cost for a family is usually the same as for a single applicant, provided the review applications are combined correctly. Lodging separate applications for each family member can create unnecessary fees, so the way the application is made should be checked before payment.

What the fee pays for

The fee pays for the Tribunal to conduct a full merits review of the refusal. In a partner visa review, the Tribunal "stands in the shoes" of the Department's delegate under section 54 of the Administrative Review Tribunal Act 2024. It decides the application again on the evidence before it at the time of review, including new evidence that the delegate never saw.

This is why the partner visa appeal cost should be viewed as the price of a fresh decision. The couple does not pay to complain about the delegate. They pay for a new decision maker to consider the whole case again. The Tribunal can affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the application to the Department with a direction that a specified criterion is taken to be satisfied (section 349(2) of the Migration Act and regulation 4.15(1)).

When the partner visa appeal cost must be paid: the 28-day rule

The partner visa appeal cost must be paid within the same period allowed for lodging the review: 28 days after the day the applicant is notified of the refusal, or 7 days if the applicant is in immigration detention on the day of notification. If the fee is not paid in time, or a fee reduction request is not lodged with at least 50% of the fee paid in time, the review application is not properly made.

This is the single most important rule about the partner visa appeal cost. A properly completed form without the fee is not a valid review application. The ART then has no jurisdiction to review the refusal.

The time limit cannot be extended

The 28-day time limit in section 347(3) of the Migration Act cannot be extended by the Tribunal, by the Department or by agreement. Older material sometimes refers to 21-day or 70-day limits. Those limits were repealed and do not apply to partner visa refusals today. The current rule is 28 days, or 7 days in detention.

The ART's own fee guidance states that for migration reviews the fee must be paid before the deadline for applying for review. Couples should treat the fee as due on the day the refusal arrives, not as something to sort out later.

When the 28 days start

The 28 days start from the day after the applicant is notified of the decision. Under section 494C of the Migration Act:

• Email. A decision sent by email is taken to be received at the end of the day it is transmitted.
• Post. A decision posted within 3 working days of its date is taken to be received 7 working days after the date of the letter.
• In person. A decision handed to the person is received immediately.

If the refusal was sent to an earlier representative's email address, notification may have occurred on the day it was sent, even if the couple only learned of it later. Our guide on urgent immigration lawyer advice explains what to gather before you speak to a lawyer. If the couple was represented when the application was lodged, our article on appointing a representative with Form 956 explains how notices are sent to an authorised recipient.

What the review application must include

The review application should include a copy of the decision notice if the applicant has it (section 347(2) of the Migration Act and regulation 4.12A). It can be lodged using the ART online form, a paper form or a letter, as allowed by the Migration, Protection and Character Practice Direction. The fee, or the fee reduction request with at least 50% paid, must accompany it within the 28 days.

Can the partner visa appeal cost be reduced for financial hardship?

Yes. The ART may reduce the application fee to 50% of the full fee where paying the full fee would cause, or has caused, the applicant financial hardship. A request for a fee reduction must be lodged within the 28-day review period, with at least 50% of the fee paid within that period, for the review application to be properly made.

The financial hardship reduction is the main way the partner visa appeal cost can be lowered. It is not automatic. The applicant must ask for it and support the request with evidence.

How the Tribunal assesses financial hardship

The ART's fee guidance says the Tribunal considers whether paying the full fee would cause, or has caused, financial hardship, together with the household's financial situation, including income, expenses, liabilities and assets. The request is made on the Tribunal's request for fee reduction form.

The ART's guidance lists the kind of supporting evidence it expects, such as:

• Income. A current payslip or payment statements from Centrelink.
• Housing and living costs. Evidence of rent, board or mortgage payments and utility bills.
• Accounts. Bank, credit card and other account statements for the previous month.

The request should give an honest and complete picture of the household's position. An incomplete or inconsistent request is unlikely to help, and a partner visa review is the wrong place to give the Tribunal any reason to doubt the applicant's candour.

Paying in full first and seeking a reduction later

A couple can pay the full fee within the 28 days and then seek a reduction. The ART's guidance states that if the applicant paid the full fee and the Tribunal decides the applicant can pay the reduced fee, it will refund 50% of the full review fee. The request must be made before the Tribunal has decided the review.

For many couples, the safest course is to secure the review first and then consider the reduction. What must never happen is a review that fails because the couple waited for a decision on hardship before paying anything. At least 50% of the fee must be paid within the 28 days in every case.

Hardship and the rest of the partner visa appeal cost

A fee reduction only reduces the Tribunal's charge. It does not reduce the other parts of the partner visa appeal cost, such as translations, documents and professional fees. Couples under financial pressure should plan the whole review budget early, so that money is not spent on the fee only to leave nothing for the evidence that decides the case.

Do you get the fee back if a partner visa appeal succeeds?

Yes, in part. The ART refunds 50% of the fee paid, whether the full fee or the reduced fee, if the refusal is set aside or varied, or if the application is remitted to the Department of Home Affairs. If the Tribunal affirms the refusal, the fee is not refunded.

This refund rule changes the real partner visa appeal cost of a successful review. A couple who paid the full fee of $3,727 and obtains a remittal receives half of the fee back. A couple who paid the reduced fee and obtains a remittal receives half of the reduced fee back.

What counts as success for the refund

Most successful partner visa reviews end in remittal. The Tribunal sets the refusal aside and sends the application back to the Department with a direction that a specified criterion, such as the relationship criterion, is taken to be satisfied. That outcome attracts the 50% refund. The Department must then assess any remaining criteria, such as health, character and police certificates, and is bound by the Tribunal's finding on the remitted criterion.

Remittal is a significant result, but it is not the visa itself. The couple should keep their documents current, because the Department may ask for updated police certificates or health examinations before making its decision.

Withdrawals and refunds

If the applicant withdraws the review application, the ART's guidance states that it can only refund the fee in very limited circumstances. A couple should not lodge a review expecting to withdraw it and recover the fee. The partner visa appeal cost should be treated as committed once it is paid.

Matters sent back to the Tribunal by a court

Where a court sets aside a Tribunal decision for legal error and sends the matter back to the Tribunal for reconsideration, the ART's guidance provides that the applicant does not have to pay a new initial fee and that a fee previously paid in those circumstances is refunded in full. Court review on legal error is a separate process with its own costs, and it is outside the scope of this article.

What else should a couple budget for in a partner visa appeal?

A couple should budget for the cost of the evidence that will decide the review, not only the Tribunal fee. In most partner visa reviews, the Tribunal fee is only one part of the partner visa appeal cost. The other costs depend on why the visa was refused and what evidence is needed to answer each refusal reason.

The following costs commonly arise. Exact amounts vary by provider and country, so no figures are given here:

• Translations. Every document not in English must be accompanied by an English translation. Relationship documents, marriage certificates, police certificates and messages in another language may all need translation.
• Police certificates. If the refusal involved character or criminal history requirements, or if certificates have expired, new police certificates from Australia and from overseas countries may be needed. Some overseas certificates take time to obtain.
• Health examinations if requested. If the refusal involved the health requirement, or if the Department asks for updated examinations after remittal, the applicant may need to pay for the examinations.
• Documents from third parties. Bank statements, tenancy records, utility accounts, insurance records and other evidence of shared life may involve small fees or administrative costs.
• Travel for witnesses. People who give Form 888 supporting statements may be asked to give oral evidence. Most hearings are held by video or telephone, but some couples choose to have witnesses attend in person.
• Time off work. The applicant, the sponsor and witnesses will usually need to take time off work to prepare and to attend the hearing.
• Professional representation. If the couple engages a lawyer, professional fees are an additional part of the partner visa appeal cost. They are discussed in the next section.

The cost of evidence depends on the refusal reason

The cost of evidence depends heavily on why the visa was refused. A refusal based only on a missing police certificate may be answered with a single document. A refusal based on findings that the relationship is not genuine and continuing usually requires a full re-examination of the evidence across the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects and the nature of the commitment.

Our guides to partner visa relationship evidence, the partner visa document checklist and the Subclass 820 evidence checklist explain what evidence is usually relevant. Our guide to why partner visas get refused and our article on the common reasons Subclass 820 visas are refused explain the refusal reasons that drive these costs.

Statements are evidence, not an expense to cut

The couple's relationship statement and the Form 888 supporting statements of people who know them are central evidence in most relationship reviews. A partner visa has one relationship statement, which is the couple's own account of their relationship. Our guide to writing a partner visa relationship statement explains its role. Our articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain supporting statements.

Preparing these properly costs time rather than money. It is often the part of the partner visa appeal cost that gives the most value, because credibility and consistency decide many relationship reviews.

Is the partner visa appeal cost worth paying?

Whether the partner visa appeal cost is worth paying depends on the reasons for the refusal, the evidence the couple can provide at review, and what the couple would lose by not applying. For most couples who are still within the review period and whose relationship is genuine and continuing, the review is the only way to have the same application decided again by a new decision maker.

No one can promise that a review will succeed. What a couple can do is assess, before paying, whether each refusal reason can be answered with evidence. That assessment is the real test of whether the partner visa appeal cost is worth paying in a particular case.

Questions to ask before paying the fee

Before paying, a couple should be able to answer these questions:

• What exactly was refused? Which criterion or criteria did the delegate find were not met, and on what evidence?
• Can each reason be answered? Is there genuine evidence, available now, that responds to each finding?
• Is anything missing? Was the refusal caused by a missing police certificate, health examination or document that can now be provided?
• Is the evidence consistent? Do the relationship statement, the forms and the documents tell one consistent story, or are there inconsistencies the couple must address?
• What happens if we do nothing? Will the applicant lose a bridging visa, lose the original application date, or face limits on applying again?

Where the answers show that the refusal reasons can be addressed, the partner visa appeal cost is usually modest compared with what is at stake. Where the answers show that a criterion cannot be met at review, a different course may be more sensible, and that should be decided with advice inside the 28 days.

Paying the fee does not decide the review

Paying the fee secures the review. It does not improve the evidence. The partner visa appeal cost that changes outcomes is the time and care spent on answering the refusal reasons, preparing the couple's evidence and preparing for the hearing.

Professional fees for a partner visa appeal

Professional fees for a partner visa appeal are separate from the Tribunal fee and are not set by the government. At My Migration Lawyers, professional fees are quoted after the initial consultation, once the lawyer has seen the refusal decision and understands the work involved, and they are set out in a written costs agreement with fixed fees for each stage of the matter.

This approach means a couple knows in advance what each stage of the professional part of the partner visa appeal cost will be. There are no hourly accounts that grow during the review.

Why the professional fee depends on the matter

The professional part of the partner visa appeal cost depends on what the review requires. A review that turns on a single document is different from a review in which the Department found the relationship was not genuine, the applicant gave false information, or Schedule 3 criteria were not met. Factors that affect the scope of work include:

• The refusal reasons. The number of criteria found not met, and how complex each one is.
• The evidence on the Department's file. Whether adverse information, interview records or third-party allegations need to be answered.
• The state of the existing evidence. Whether the relationship statement, the forms and the documents are consistent, or whether gaps and inconsistencies need to be addressed by the couple.
• Witnesses. How many people may need to give evidence, and whether they need to be prepared for the hearing.
• Remittal work. Whether the matter is likely to need further work at the Department after a remittal.

How to compare fee proposals fairly

When comparing fee proposals, a couple should compare what each proposal includes rather than only the headline number. Our articles on what a fixed-fee immigration lawyer quote should include, how much an immigration lawyer costs in Australia, partner visa lawyer fees and how to choose and choosing Australian migration lawyers by fees and services explain what to look for.

A proposal that excludes hearing preparation, submissions or attendance at the hearing may look cheaper but leave the couple unprepared at the point that matters most. A clear costs agreement should say whether the Tribunal fee is included or paid separately, which stages are covered, and what happens if the matter is remitted.

Lawyers and registered migration agents

Both immigration lawyers and registered migration agents can represent applicants before the ART in migration reviews. They are regulated under different frameworks. Our factual comparison of a partner visa migration agent or lawyer and our guide on migration agents and immigration lawyers explain the differences. Our article on what a visa appeal lawyer does explains the work involved in a Tribunal review.

Common misconceptions about partner visa appeal cost

Many couples make decisions about the partner visa appeal cost based on assumptions that are wrong. The following misconceptions come up often.

"The fee can be paid after the 28 days"

This is wrong. The fee must be paid, or a fee reduction request lodged with at least 50% of the fee paid, within the 28-day review period. A review application without the fee paid in time is not properly made, and the Tribunal cannot review the refusal.

"Each family member must pay a separate fee"

This is wrong in most cases. Where family members were refused together, a combined review application attracts one fee under regulations 4.12 and 4.13(3). Lodging separate applications unnecessarily can increase the partner visa appeal cost.

"If we win, the whole fee is refunded"

This is wrong. If the refusal is set aside, varied or remitted, the ART refunds 50% of the fee paid. The other half is not refunded. If the refusal is affirmed, there is no refund.

"Reapplying is cheaper than appealing"

This is usually wrong. A new partner visa application attracts a new visa application charge, which is a separate and substantial government charge. An onshore applicant may also lose lawful status, face limits on making a new application in Australia, and have to meet Schedule 3 criteria. The comparison is explained later in this guide.

"The fee is the same as it was last year"

This is wrong. The ART fee for migration decisions is indexed every 1 July. The figure of $3,727 applies to fees paid on or after 1 July 2026. Earlier published figures are out of date.

"A lawyer can tell us the cost and the result at the same time"

The partner visa appeal cost can be quoted. The result cannot be promised by anyone. The Tribunal decides the review on the evidence and the law. What preparation can do is make sure the Tribunal has every lawful reason to be satisfied.

What does it cost not to appeal a partner visa refusal?

Not appealing a partner visa refusal usually costs far more than the partner visa appeal cost itself. The applicant loses the right to have the refusal reviewed, an onshore applicant loses the bridging visa that keeps them lawful, and the couple must usually start again with a new application and a new visa application charge, if a new application is possible at all.

This is the comparison that matters when a couple weighs the partner visa appeal cost. The Tribunal fee is known and limited. The cost of losing the review right is often much larger and harder to reverse.

Loss of lawful status for onshore applicants

For an onshore applicant, the bridging visa usually decides the cost of not appealing. A Bridging A visa granted with a partner visa application on or after 19 November 2016 ceases 35 days after the refusal decision if no review is lodged (Schedule 2, clause 010.511 of the Migration Regulations). If a review is lodged in time, the bridging visa continues and ceases 35 days after the Tribunal's decision, or remains in effect if the matter is remitted. Bridging B and Bridging C visas follow the same 35-day pattern.

So the partner visa appeal cost is also the cost of staying lawful while the review runs. A person who does not apply for review may become an unlawful non-citizen once the bridging visa ceases. That can affect work rights, travel and the ability to make a new application. Our guides to Bridging Visa A, Bridging Visa B, bridging visas in Australia and working on a Bridging Visa A while a Subclass 820 is pending explain how bridging visas work.

Limits on applying again in Australia

An onshore applicant whose visa has been refused may face limits on what visas they can apply for while they remain in Australia, under section 48 of the Migration Act. A further partner visa application may still be possible in some circumstances, but the requirements are different and must be checked carefully. If the applicant has become unlawful, a new application may also need to meet Schedule 3 criteria, which require compelling reasons in many cases.

Our guides to applying for a partner visa after a visa refusal, the Schedule 3 criteria for applicants who are unlawful and the Schedule 3 partner visa waiver explain these issues, and the firm's Schedule 3 waiver page explains how the firm acts in them.

Starting again from the beginning

A fresh application means a new visa application charge, new forms, new evidence and a new wait for processing. Our guide to how much a Subclass 820 partner visa costs explains the government charges for a new onshore application, and our articles on Subclass 820 processing times and how long a Subclass 820 takes onshore explain the wait. The visa application charge for a partner visa is substantially higher than the Tribunal fee.

A new application also carries the old refusal with it. The Department will usually see the earlier decision and the findings made. Unless the problems identified in the refusal are fixed, a new application may meet the same result. A review, by contrast, gives a new decision maker the chance to reach a different view on the same application.

Partner visa appeal cost compared with reapplying

For most couples who are still within the review period, the partner visa appeal cost is lower than the total cost of reapplying, and the review keeps the original application alive. The comparison is not only about government charges. It is about lawful status, time, and the risk of repeating the same refusal.

The main differences are these:

• Government charge. The review requires the Tribunal fee, with half refunded if the refusal is set aside, varied or remitted. A new application requires a new visa application charge, which is substantially higher, and is not refunded if the new application is refused.
• Lawful status. A review lodged in time keeps the onshore bridging visa in effect. A new application may not be possible onshore, and if it is, the applicant may first need to meet Schedule 3 criteria.
• Application date. A review keeps the original application and its time of application. Some criteria are assessed at the time of application, so keeping the original date can matter.
• Evidence. At review, the Tribunal considers evidence available at the time of review, including new evidence that the delegate never saw. A new application also allows new evidence, but it starts the whole assessment again.
• Findings. A review allows the couple to answer the delegate's findings directly. A new application may be assessed by a decision maker who reads the earlier findings first.

There are cases where a new application is the more sensible course, for example where the refusal turned on a criterion that cannot be met at review. Our page on partner visa refusal appeal lawyers explains how that decision is made. The comparison must be done on the facts of the refusal, within the 28 days, because once the review period passes the choice disappears and the deadline cannot be extended.

Subclass 300 refusals and marriage after refusal

For a Subclass 300 refusal, there is a special rule that affects the partner visa appeal cost comparison. If the couple marries after the refusal and before the review is finally determined, and notifies the ART, the review application is taken to also be a partner visa application if the matter is remitted (regulation 4.15(4) of the Migration Regulations). The Australian sponsor applies for review in a Subclass 300 case. This rule can make the review more valuable than a new application, and it needs careful advice.

Offshore Subclass 309 refusals

For an offshore Subclass 309 refusal, the review is lodged by the visa applicant. The Australian partner usually funds and supports the review and gives evidence at the hearing. Because the applicant is outside Australia, lawful status is not the issue it is onshore. The comparison is mainly between the partner visa appeal cost and the cost and delay of a fresh Subclass 309 application, together with the risk that the same findings are made again.

What Tribunal decisions show about the value of a partner visa review

Tribunal decisions show that many partner visa refusals are set aside because the evidence provided at review answers the reason the visa was refused. That is the value the partner visa appeal cost buys: a new decision maker who considers the evidence available at the time of review.

The following published decisions are examples of refusals that the Tribunal set aside and remitted to the Department. They are described only by the issues reported in each decision's headnote. They are not cases of My Migration Lawyers, and they do not predict the outcome of any other review.

• Klein (Migration) [2023] AATA 661. A Subclass 820 refusal on criminal history grounds was remitted after an Israeli police certificate was provided upon review.
• Biskaps (Migration) [2023] AATA 2972. A Subclass 820 refusal on the health requirement was remitted after a medical assessment was provided upon review. The headnote also notes an Australian citizen child of the relationship.
• Le (Migration) [2025] ARTA 2423. A Subclass 820 refusal concerning the genuine and continuing relationship and incorrect residential information in the visa application was remitted. The headnote refers to a joint bank account and shared education expenses.
• Pham (Migration) [2024] ARTA 107. A Subclass 309 refusal on the genuine and continuing relationship was remitted. The headnote refers to joint social activities and frequent travel, money transfers and a long-term relationship.
• Popov (Migration) [2025] ARTA 2388. A Subclass 309 refusal on the genuine and continuing relationship was remitted. The headnote refers to money transfers, joint bank accounts and shared work equipment and expenses.

Two lessons follow for anyone weighing the partner visa appeal cost. First, some refusals turn on a missing document, and the review gives the opportunity to provide it. Second, relationship refusals can be set aside where the evidence across the four aspects of the relationship is properly presented. In each case the evidence, not the fee, decided the result.

How to keep the partner visa appeal cost under control

The partner visa appeal cost is kept under control by acting early, lodging correctly and spending effort on the evidence that answers the refusal reasons. Most avoidable costs come from delay, duplicated applications and unprepared hearings.

Practical steps that help:

• Diary the deadline on the day of the refusal. Work out the date of notification and the last day of the 28 days, and pay the fee well before that day.
• Lodge one combined application where family members were refused together. This keeps the partner visa appeal cost to one fee.
• Consider the hardship reduction early. If paying the full fee would cause financial hardship, gather the evidence the ART asks for and lodge the request in time, with at least 50% of the fee paid.
• Request the Department's documents early. Under section 362A of the Migration Act, the applicant may request access to the documents the Department gave the Tribunal. Requesting them early avoids wasted work on the wrong issues.
• Order overseas documents immediately. Police certificates and translations can take weeks. Starting early avoids urgent fees and late evidence.
• Keep the evidence consistent. The relationship statement, the forms, the Form 80 and the documents should tell one consistent story. Our guide to completing Form 80 without errors explains why consistency matters.
• Attend the hearing. If the applicant does not attend a scheduled hearing, the Tribunal may dismiss the application (section 99 of the Administrative Review Tribunal Act). Reinstatement must be sought within 28 days after notice of the dismissal (section 368C of the Migration Act). A dismissed review wastes the whole partner visa appeal cost.
• Report changes promptly. Changes of address or circumstances should be notified. Our guide to Form 1022 change of circumstances explains how.

The ART must give its decision with written reasons, and the applicant is notified within 14 days of the decision (section 368A of the Migration Act). If the Tribunal affirms the refusal, the Minister has a personal power under section 351 of the Migration Act to substitute a more favourable decision in the public interest. That power is non-compellable, and it is not a substitute for a well-prepared review.

Special circumstances that change the cost

Some partner visa refusals involve issues that add work and evidence. These include sponsorship limitations, relationship breakdown and the family violence provisions, same-sex relationships covered on the firm's LGBTI partner visa page, and refusals connected to an earlier visa cancellation. Our guides to when a sponsor cannot sponsor a partner visa, what happens if a Subclass 820 relationship breaks down and responding to a section 57 natural justice letter explain these issues.

How My Migration Lawyers handles partner visa appeal cost and review planning

My Migration Lawyers deals with the partner visa appeal cost as part of planning the whole review, so that the couple knows the government charges, the evidence costs and the professional fees before the review is lodged. The firm deals with complex partner visa refusals, including relationship findings, false information findings, Schedule 3, sponsorship limitations, family violence and Subclass 300 marriage cases. It acts in many Tribunal reviews of exactly this type and is capable of handling them from the review application through to remittal.

When the firm acts on a partner visa review, the cost and preparation work follows clear steps:

• Deadline first. We confirm the date of notification, calculate the last day of the 28-day period, confirm who must apply and whether the applicant must be in Australia, and make sure the application and the fee are lodged so the review is properly made.
• The Tribunal fee. We confirm the current ART fee on the day of lodgement, check whether a combined application for family members attracts one fee, and advise whether a financial hardship reduction should be requested and what evidence the ART expects.
• Fixed fees in writing. After the consultation, we set out the professional fees in a written costs agreement with a fixed fee for each stage, so the couple knows the full partner visa appeal cost of the professional work before it begins.
• Decision analysis. We break the refusal into each criterion found not met and each finding of fact, and identify the evidence that will answer each one. This keeps evidence costs focused on what decides the review.
• Department file. We request the documents the Department gave the Tribunal under section 362A, and compare them with the couple's own records.
• Evidence plan. We list the documents, translations, police certificates and health examinations needed, with the order in which they should be obtained, so that urgent costs and late evidence are avoided.
• Statements and witnesses. We review the couple's relationship statement against the decision and the documents, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account. We check Form 888 supporting statements and prepare witnesses who may give oral evidence.
• Submissions and hearing. We prepare written submissions on every criterion in issue, prepare the applicant and sponsor for the hearing, and appear with them before the Tribunal.
• After the decision. If the matter is remitted, we confirm the 50% fee refund process and 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, see the firm's partner visa lawyers page, read about its partner visa lawyer work in Australia, and read our guide on when you need an immigration lawyer for a partner visa. Our article on booking an immigration lawyer consultation explains what happens in a first meeting. Couples who prepared the original application themselves may find our article on partner visa lawyer help versus doing it yourself and our guide to hiring an immigration lawyer after lodging your own application useful. Those already represented can read about getting a second opinion from an immigration lawyer or changing your immigration lawyer. Our complete guide to partner visas in Australia covers every subclass.

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, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000, and you can also contact My Migration Lawyers in writing.

Every partner visa review is different, and no lawyer can promise the result. What My Migration Lawyers can do is tell you the full partner visa appeal cost before you commit, make sure the review is lodged and paid properly within the 28 days, and make sure the Tribunal sees complete, consistent and credible evidence.

Book a consultation with My Migration Lawyers to have your partner visa refusal, your review deadline and your partner visa appeal cost assessed. You can also call us on 1300 040 300.