Key Takeaways
- The partner visa appeal deadline is 28 days after the day you are notified of the refusal, or 7 days if you are in immigration detention on the day you are notified. This comes from subsection 347(3) of the Migration Act 1958.
- The clock starts from notification, not from the date printed on the decision. An email is taken to be received at the end of the day it is sent. A letter posted within Australia is taken to be received 7 working days after the date of the letter.
- The partner visa appeal deadline cannot be extended by the Administrative Review Tribunal, by the Department or by anyone else. An application made one day late is not properly made and the Tribunal cannot hear it.
- For an onshore refusal, the applicant lodges the review and must be physically in Australia when it is lodged. For an offshore Subclass 309 or Subclass 300 refusal, the Australian sponsor lodges the review.
- Lodging a valid review application on time usually keeps a Bridging visa A in effect while the review is decided. Waiting until the last day can leave a gap, because the bridging visa cessation date is counted from the date of the refusal decision.
- The safest course is to act in the first 48 hours: confirm the notification date, work out the last day, identify who must apply, and lodge well before the partner visa appeal deadline.
What is the partner visa appeal deadline?
The partner visa appeal deadline is 28 days after the day you are notified of the refusal decision, or 7 days after the day you are notified if you are in immigration detention on that day. The partner visa appeal deadline is set by subsection 347(3) of the Migration Act 1958, and it applies to applications to the Administrative Review Tribunal (ART) for review of a refused partner visa. The Department of Home Affairs' own procedural instruction on merits review confirms that this timeframe cannot be extended, and that an application made after it has ended is not properly made.
That is the whole rule in one paragraph, and it is short for a reason. Parliament has made the partner visa appeal deadline strict so that reviews start quickly. For a couple who have just received a refusal, the practical meaning is simple. The time to decide whether to seek review is now, not at the end of the period. Couples who want to understand the wider picture after a refusal can read the guide to partner visa refused appeal options. This guide deals with one question only: how long you have, how the time is counted, and what must happen before the partner visa appeal deadline ends.
Why the partner visa appeal deadline is treated so seriously
Most legal time limits in Australia have some way to ask for more time. The partner visa appeal deadline does not. The ordinary power of the Administrative Review Tribunal to extend time, found in section 19 of the Administrative Review Tribunal Act 2024, does not apply to reviewable migration decisions. The Migration Act sets its own period, and the Department's instruction says plainly that the Tribunal does not have jurisdiction to consider an application that is not properly made.
This is why a refusal letter should be treated as urgent from the moment it arrives. A strong case that is lodged late cannot be heard. A case that is lodged on time, even if it still needs a great deal of work, keeps every option open. The Partner Visa Refusals page explains how My Migration Lawyers approaches refused partner visas generally.
The ART replaced the AAT on 14 October 2024
The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. Older websites, forums and even some older decision letters still describe review periods that applied before that date. Those periods no longer apply to a decision made under the current law. The partner visa appeal deadline for a reviewable migration decision is now 28 days after notification, or 7 days for a person in immigration detention. A short transitional rule treated the detention period as 7 working days, but the Department's instruction records that this rule applied only until 14 April 2025. If you are reading advice that mentions a different period for a partner visa refusal, check whether it was written for the old Tribunal.
The guide to what to expect at an ART review explains what happens after the application is lodged. The rest of this article explains how to make sure it is lodged in time.
Which refusals does the partner visa appeal deadline apply to?
The partner visa appeal deadline applies to every refused partner visa that is a reviewable migration decision under section 338 of the Migration Act, which covers the onshore Subclass 820 and Subclass 801 visas and the offshore Subclass 309, Subclass 100 and Subclass 300 visas. The period is the same for each of them. What changes is which subsection makes the decision reviewable, and therefore who is allowed to apply.
Onshore refusals: Subclass 820 and Subclass 801
A refusal of an onshore Subclass 820 visa is reviewable under subsection 338(2), because the visa can be granted while the applicant is in the migration zone and the applicant applied while in the migration zone. The same applies to a refusal of the permanent Subclass 801 visa at the second stage. The Subclass 820 visa explained and the Subclass 820 vs Subclass 801 guide describe how the two stages fit together. For both stages, the partner visa appeal deadline is 28 days after notification.
Offshore refusals: Subclass 309, Subclass 100 and Subclass 300
A refusal of a Subclass 309 visa or a Subclass 300 prospective marriage visa is reviewable under subsection 338(5). These visas cannot be granted while the applicant is in Australia, and a sponsorship by an Australian citizen, permanent resident or eligible New Zealand citizen is a criterion for grant. The partner visa appeal deadline is again 28 days after notification, but it is the sponsor, not the applicant, who must lodge.
A refusal of the permanent Subclass 100 visa is more complicated. The Department's instruction explains that subsection 338(7A) covers a permanent visa applied for outside Australia that can be granted either in or outside Australia, such as a Subclass 100 visa refused after the applicant has come to Australia on a Subclass 309 visa. Under subsection 347A(3), review is available only if the applicant was in the migration zone when the decision was made and is in the migration zone when the review application is made. The instruction states that if a Subclass 309 visa holder is outside Australia when the Subclass 100 visa is refused, there is no right to merits review of that refusal. For a Subclass 100 refusal, the partner visa appeal deadline must therefore be read together with where the applicant is physically located.
Related refusals that follow the same period
Partner visa refusals often arrive alongside other decisions, such as the refusal of a sponsorship or a decision about sponsorship limitations. Each decision letter must state whether the decision is reviewable, the period for review, who can apply and where the application can be made. Read every letter separately and work out the partner visa appeal deadline for each. Where a refusal relies on character grounds under section 501, different and shorter rules apply, and urgent advice is essential. The broader visa refusals page covers refusals outside the partner visa program.
When does the partner visa appeal deadline start?
The partner visa appeal deadline starts on the day you are notified of the refusal decision, and the 28 days are counted from the day after that day. The date printed at the top of the decision record is the date the decision was made. It is not necessarily the day you were notified. Getting this difference right is the single most important step in working out your partner visa appeal deadline.
How the Department gives notice of a refusal
Section 66 of the Migration Act requires the Department to notify an applicant of a decision to refuse a visa, and the notice must set out the review rights, including the period for applying. The Department usually gives notice by one of the methods in section 494B of the Migration Act. These include handing the document to the person, sending it by prepaid post, and sending it by email or other electronic means to the last address given for that purpose. Most partner visa refusals today are sent by email or through ImmiAccount, and most applicants have agreed to electronic communication in their application. The guide on how to create an ImmiAccount explains where correspondence appears.
Deemed receipt under section 494C
Section 494C of the Migration Act says when a person is taken to have received a document sent by a section 494B method. These are the rules that decide when the partner visa appeal deadline starts.
If the document is handed to the person, it is received when it is handed over.
If the document is sent by email or other electronic means, the person is taken to have received it at the end of the day on which it is transmitted. In practice, an email sent at 4pm on a Monday is taken to be received at the end of that Monday, even if it was not opened until the following week.
If the document is sent by prepaid post from a place in Australia to an address in Australia, and it is dispatched within 3 working days of the date of the document, the person is taken to have received it 7 working days, in the place of that address, after the date of the document. In any other case of posting, such as a letter sent to an address outside Australia, the person is taken to have received it 21 days after the date of the document.
The deemed receipt rules work regardless of when the email is read or the letter is opened. This is a common and serious error. People often say they did not see the email for several days, and they count the partner visa appeal deadline from the day they opened it. The law does not count from that day. The partner visa appeal deadline runs from the deemed day of receipt.
When a representative or authorised recipient receives the notice
If the applicant has appointed a registered migration agent, a lawyer or another person as an authorised recipient, the Department sends the notice to that person instead. The partner visa appeal deadline is then counted from the day the authorised recipient is taken to have received it. This is one reason the Form 956 and Form 956A appointments matter. If a former representative is still recorded as the authorised recipient, the notice may have gone to them, and the clock may already be running.
What the refusal letter must tell you
A refusal letter for a reviewable partner visa decision must tell the applicant that the decision can be reviewed, the period within which an application for review can be made, who can apply for review, and where the application can be made. The Department's instruction tells decision makers to check that the notification states the correct timeframe before it is sent. Read that paragraph of the letter first, before reading the reasons. It is the paragraph that tells you how long you have and who must act. If the period stated in the letter does not match the rules in this guide, do not choose the longer period. Get advice and lodge within the shorter one.
How to count the partner visa appeal deadline
To count the partner visa appeal deadline, find the day you are taken to have been notified, treat the next day as day 1, and count forward 28 days. Day 28 is the last day on which a valid application can be made. If you are in immigration detention on the day you are notified, count 7 days instead.
Worked example: refusal sent by email
Suppose the Department emails a Subclass 820 refusal on Monday 2 November 2026. The applicant is taken to have received it at the end of Monday 2 November 2026. Day 1 is Tuesday 3 November 2026. Day 28 is Monday 30 November 2026. The partner visa appeal deadline in this example is Monday 30 November 2026, and the application should be lodged well before that day.
Worked example: refusal sent by post within Australia
Suppose a refusal letter is dated Wednesday 4 November 2026 and posted within 3 working days to an address in Australia. The applicant is taken to have received it 7 working days after the date of the letter, which is Friday 13 November 2026, assuming no public holidays fall in that period in the place of the address. Day 1 is Saturday 14 November 2026. Day 28, and therefore the partner visa appeal deadline, is Friday 11 December 2026.
Worked example: letter posted to a sponsor outside Australia
Deemed receipt for a letter posted to an address outside Australia is 21 days after the date of the document. If such a letter were dated Wednesday 4 November 2026, it would be taken to be received on Wednesday 25 November 2026, and the partner visa appeal deadline would be Wednesday 23 December 2026. Sponsors of offshore applicants usually live in Australia, so this example matters mainly where the sponsor was overseas or gave an overseas address.
Do not plan to use the last day
These examples are for understanding only. The partner visa appeal deadline is not a target. Online systems can fail, documents can be missing, and payment problems can arise on the final day. As explained below, waiting until late in the period can also leave a gap in bridging visa status. The guide to urgent immigration lawyer advice explains why the first days after a decision matter most.
Can the partner visa appeal deadline be extended?
No. The partner visa appeal deadline cannot be extended. The Department's procedural instruction on merits review states that the timeframe to apply for review of a reviewable migration decision cannot be extended, that an application made after the timeframe has ended will not be properly made, and that the ART does not have jurisdiction to consider an application that is not properly made.
Why the general extension power does not help
Many people know that the Administrative Review Tribunal can extend time for some kinds of applications. That power exists in section 19 of the Administrative Review Tribunal Act 2024, and it applies to what the Department's instruction calls the standard ART provisions. A refused partner visa is not reviewed under those standard provisions. It is a reviewable migration decision, and Part 5 of the Migration Act sets the period in subsection 347(3). The Tribunal cannot use a general power to override the specific time limit Parliament has set for migration decisions.
Why "good reasons" do not change the partner visa appeal deadline
Illness, travel, a lost email, a misunderstanding with a previous adviser, or a family crisis can all be genuine reasons for delay. They do not change the partner visa appeal deadline. The Tribunal has no discretion to accept a late application because the reason is sympathetic. That is the hard truth behind every strict time limit, and it is why this guide is written for people who still have time to act.
A late application cannot be accepted, and that is the reason to act now rather than later.
What the partner visa appeal deadline means for planning
Because the partner visa appeal deadline is fixed, planning should run backwards from it. The review application must be lodged and properly made inside the period. Evidence, submissions and witness statements do not need to be ready by the partner visa appeal deadline. They can be prepared and provided to the Tribunal after the application is lodged, within the timetable the Tribunal sets. Couples who delay lodging because they want to collect evidence first are making a costly mistake. The guide to partner visa relationship evidence explains the evidence that is usually prepared later for the hearing.
Who must lodge before the partner visa appeal deadline?
For an onshore Subclass 820 or Subclass 801 refusal, the visa applicant must lodge before the partner visa appeal deadline and must be physically present in the migration zone when the application is made. For an offshore Subclass 309 or Subclass 300 refusal, the sponsor must lodge, and there is no requirement about where the sponsor is located. Lodging in the wrong name is not a technicality. If the wrong person applies, the application may not be properly made.
Onshore applicants and the physical presence rule
Under subsection 347A(2) of the Migration Act, as described in the Department's instruction, a review of a decision covered by subsection 338(2) can only be made by a non-citizen who is physically present in the migration zone when the application for review is made. An onshore partner visa applicant who leaves Australia after a refusal, even briefly, and then tries to lodge from overseas does not meet this rule. The partner visa appeal deadline may still be running, but the person who is allowed to use it is not in the right place.
This rule matters most for couples who planned an overseas trip, who have a family emergency abroad, or who hold a Bridging visa B. Before anyone leaves Australia after a refusal, the review application should be lodged and advice should be obtained about the effect of travel on the bridging visa and on the review. The guide to Bridging visa B explains travel permission generally.
Offshore refusals: the sponsor lodges
Under section 338(5) and paragraph 347A(1)(b), as set out in the Department's instruction, only the sponsor in Australia is entitled to apply to the ART for review of a refused offshore partner visa. The applicant overseas cannot lodge in their own name. This catches many couples by surprise, because the refusal letter is addressed to the applicant, and the applicant is the person most affected. The sponsor must therefore be told about the refusal immediately, so that the sponsor can lodge before the partner visa appeal deadline.
Where the sponsor is unwell, overseas or unable to manage the online process, section 35 of the Administrative Review Tribunal Act 2024 allows an application to be made on a person's behalf by someone else. The application is still the sponsor's application, and it must still be made before the partner visa appeal deadline.
Subclass 100 refusals and location at the time of decision
For a Subclass 100 refusal reviewable under subsection 338(7A), subsection 347A(3) requires the applicant to have been in the migration zone when the decision was made and to be in the migration zone when the review application is made. A Subclass 309 holder who is outside Australia when the Subclass 100 visa is refused has no right to merits review of that refusal. Where a Subclass 100 decision is expected, couples should get advice about travel before the decision is made, not after.
De facto, same-sex and family violence cases
The partner visa appeal deadline is the same whether the couple is married or in a de facto relationship, and whether the relationship is opposite-sex or same-sex. The guide to the de facto partner visa and the same-sex partner visa page explain those relationships. Where the relationship has ended because of family violence, the review may involve the family violence provisions, and the applicant should not wait for the former sponsor to do anything. In an onshore case, the applicant is the person entitled to lodge.
What must be lodged before the partner visa appeal deadline?
Before the partner visa appeal deadline ends, the review applicant must make a valid application to the ART that meets every requirement of subsection 347(2) of the Migration Act and regulation 4.12A of the Migration Regulations 1994. An application that is lodged on time but is missing a legal requirement may not be properly made, and a defect discovered after the partner visa appeal deadline cannot be fixed by lodging again.
The application form and the method of lodging
The Department's instruction records that the Tribunal's Migration, Practice and Character Practice Direction allows an application for review of a reviewable migration decision to be made by the electronic form on the ART website, by a paper form posted, delivered or emailed to a registry, or by letter that includes the information required by subsection 347(2). The online form is usually the fastest and most reliable method, because it gives an immediate confirmation.
The documents and information the law requires
If the review applicant has a copy of the notification of the decision, the application must be accompanied by a copy of that notification. If the applicant does not have it, the Regulations prescribe personal identifying information that must be given instead, including the applicant's full name, address and contact details, and the date and a description of the decision. The application should also identify the decision being reviewed and the reasons the applicant says the decision is wrong. Those reasons can be brief at lodgement and developed later.
Every validity requirement must be met within the period
Section 347 treats an application as properly made only if all of its requirements are satisfied within the period. That includes the payment requirements prescribed for a review of a reviewable migration decision. This guide does not state any amount. The point for the reader is that the partner visa appeal deadline is a deadline for a complete, valid application, not merely for a form. Payment problems on the last day are one of the most avoidable reasons a review is lost.
Combined Subclass 820 and Subclass 801 refusals
Most onshore couples apply for the Subclass 820 and Subclass 801 visas in one combined application, and a first-stage refusal usually refuses both. The review application should identify the refusal decision clearly and include every member of the family unit whose application was refused. The guide to the Subclass 820 partner visa explains how the combined application works.
How the partner visa appeal deadline differs from other migration time limits
The partner visa appeal deadline is different from other migration time limits because it is fixed by statute and cannot be extended, while many other periods in a partner visa case are set by the Department in a letter and can sometimes be extended on request. Confusing these periods is a common source of error, especially for couples who have already dealt with the Department several times during processing.
Response periods for section 56 and section 57 letters
Before a refusal, the Department may ask for more information under section 56, or invite comment on adverse information under section 57. The period to respond is stated in the letter. Couples sometimes ask for more time to respond and receive it. That experience can create a false belief that the partner visa appeal deadline works the same way. It does not. Once a refusal is notified, the period for review is set by subsection 347(3), and nobody has power to extend it.
The Schedule 3 28-day rule is a different rule
Partner visa applicants who were unlawful, or who applied more than 28 days after their last substantive visa ended, will often have heard of a 28-day rule in Schedule 3 of the Migration Regulations 1994. That rule is about the time between the end of a substantive visa and the lodging of the partner visa application. It has nothing to do with the partner visa appeal deadline. The two periods happen to use the same number of days, which is why they are often confused. The Schedule 3 waiver page explains the application rule.
The bridging visa 35-day period
The 35-day period for a Bridging visa A, described below, is also different. It is counted from the date of the refusal decision, not from notification, and it is not a review period at all. It is the date on which the bridging visa ends if no review is sought. A couple who treat the 35-day bridging visa period as their review period may lodge too late.
Character refusals
Where a partner visa is refused on character grounds under section 501, the review period is shorter and different rules apply to how the application must be made. Any refusal letter that refers to section 501 should be treated as an emergency.
What happens to your bridging visa after a refusal?
If you hold a Bridging visa A granted with your partner visa application, it does not end on the day of refusal. For a Bridging visa A granted on or after 19 November 2016, the Department's policy states that it ceases 35 days after the refusal decision if no review is sought. If a valid review application is made, it continues until 35 days after the Tribunal's decision, unless the Tribunal remits the matter, in which case it continues while the Department reconsiders. Lodging before the partner visa appeal deadline is therefore what normally keeps an onshore applicant lawful during the review.
The gap between the review period and the bridging visa period
The two periods are counted from different starting points. The partner visa appeal deadline is counted from notification. The bridging visa cessation date is counted from the date of the refusal decision. Where a refusal is notified by post, these dates can fall in an awkward order. In the posted letter example above, a decision dated Wednesday 4 November 2026 would give a partner visa appeal deadline of Friday 11 December 2026, while 35 days after the decision is Wednesday 9 December 2026. An applicant who lodges on the last two days of the review period could find the bridging visa has already ceased. This is a strong practical reason to lodge early. The guide to Bridging visa A explains its conditions.
Work rights and conditions during the review
The conditions attached to the bridging visa usually stay the same during the review. A person who had permission to work generally keeps it, and a person whose bridging visa had work limits generally keeps those limits. The guide to working while waiting for a Subclass 820 visa covers the usual position, and the overview of bridging visas in Australia explains the different classes.
Applicants who did not hold a Bridging visa A
Some onshore applicants lodged their partner visa while unlawful or on a Bridging visa E, and the Schedule 3 criteria were part of the refusal. Their bridging position after a refusal is different and should be checked straight away. Others held a visa with a no further stay condition 8503. In each case, the partner visa appeal deadline is the same, but the steps needed to remain lawful may not be.
Do not travel without advice
A Bridging visa A ceases if the holder leaves Australia, and travel after lodging the review can affect both lawful status and the review itself. A Subclass 820 visa can only be granted while the applicant is in Australia. Anyone considering travel during a review should obtain advice before booking.
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The first 48 hours after a refusal: an action plan for the partner visa appeal deadline
The first 48 hours after a partner visa refusal should be used to fix the partner visa appeal deadline in writing, confirm who must lodge, protect lawful status, and start the review application. Nothing in this plan requires the couple to have their full case ready. It requires them to stop the clock from becoming the problem.
Hour 1 to 4: save the decision and find the notification date
Download the refusal letter and the decision record from ImmiAccount or the email. Save the email itself, including the date and time it was sent, and the envelope if it arrived by post. Identify which section 494B method was used, then apply the deemed receipt rule in section 494C. Write down the day of notification and count forward to day 28. That date is your partner visa appeal deadline. If you are in immigration detention, count 7 days.
Hour 4 to 12: read the review rights paragraph
Every refusal letter must state whether the decision can be reviewed, the period for review, who can apply and where to apply. Compare what the letter says with the rules above. If the letter names the sponsor as the person who may apply, the sponsor must lodge. If the letter says the decision is not reviewable, or the period stated looks wrong, get advice immediately. A defect in the notification can affect when time starts, but nobody should rely on that without advice, because the partner visa appeal deadline may still be running.
Hour 12 to 24: confirm who must lodge and where they are
For an onshore refusal, confirm the applicant is in Australia and will stay in Australia until the review application is lodged. For an offshore refusal, contact the sponsor and confirm the sponsor can lodge. Check whether any authorised recipient was recorded, because the notice may have gone to them first. Couples who want help from this point can arrange a consultation with an immigration lawyer.
Hour 24 to 36: check the bridging visa position
Work out which bridging visa the applicant holds and when it would cease if no review were lodged. Compare that date with the partner visa appeal deadline. If the bridging visa date is earlier, lodge before it. Cancel or postpone any travel plans until advice is obtained.
Hour 36 to 48: lodge, or have a firm date to lodge
Read the reasons for refusal once, carefully, so the grounds of review can be stated briefly. Then lodge a valid application through the ART website, with the copy of the notification attached and every requirement met. Keep the Tribunal's acknowledgement. If lodgement is not possible within 48 hours, fix a lodgement date that is several days before the partner visa appeal deadline, not on it.
What to have ready when you seek advice
When seeking advice before the partner visa appeal deadline, have the refusal letter, the full decision record and the email or envelope it came in. Have access to the ImmiAccount used for the application, so the documents that were lodged can be checked. Have the sponsor's full name and contact details, and confirm where the applicant and the sponsor are physically located today. That is enough for a first assessment. The firm obtains the immigration history it needs itself, so the couple do not need to search for old visa documents before the review is lodged. The partner visa document checklist is useful later, when the review evidence is being prepared.
After lodgement: prepare the case properly
Once the application is in, the work moves to understanding why the visa was refused and building the evidence to answer it. The guides to why partner visas get refused and the most common Subclass 820 refusal reasons are a useful starting point. Where the refusal followed a section 56 request or a section 57 natural justice letter, the response that was given should be reviewed as part of the case.
Common mistakes that put the partner visa appeal deadline at risk
The most common mistakes that put the partner visa appeal deadline at risk are counting from the wrong day, the wrong person lodging, an incomplete application, and waiting to gather evidence before lodging. Each of these is avoidable if the refusal is treated as urgent from the first day.
Counting from the day the email was opened
The deemed receipt rule for email is the end of the day the email is transmitted. The day the applicant opened it is irrelevant. Couples who were travelling, whose email went to a spam folder, or who used an old address in the application are especially exposed. The partner visa appeal deadline runs regardless.
Counting from the date of the decision record
The opposite error is also common. The decision record may be dated earlier than the notification. Counting from the decision date makes the period look shorter than it is, which is safe but can cause panic. Counting from a later date than the deemed notification date is the dangerous error. If in doubt, work from the earliest possible date.
The applicant lodging an offshore review
For a Subclass 309 or Subclass 300 refusal, the sponsor lodges. An application lodged in the overseas applicant's name may not be properly made. This mistake often happens when the applicant receives the refusal and acts alone without telling the sponsor.
The onshore applicant leaving Australia first
An onshore applicant who leaves Australia before lodging cannot make a valid application from overseas, because the physical presence rule is not met. Lodge first, then seek advice before any travel.
Lodging a form without meeting every requirement
A form submitted before the partner visa appeal deadline is not enough if a legal requirement is missing. Attach the notification, complete every required field, and make sure all payment requirements are met inside the period.
Waiting for evidence before lodging
Evidence can be provided to the Tribunal after lodgement. A couple who wait to collect new photographs, bank statements or Form 888 statements before lodging risk the whole review for no benefit. Lodge first. Then prepare the relationship statement and supporting evidence on the Tribunal's timetable.
Relying on an old adviser's records
If a previous adviser was appointed as authorised recipient, the notice may have been sent to them. Couples who are changing immigration lawyer after a refusal should find out exactly when the notice was sent, and to whom, before they count the partner visa appeal deadline.
What ART remittals show about acting before the partner visa appeal deadline
Tribunal remittals show that review is often decided on the facts and evidence available at the time of the Tribunal's decision, which can be quite different from the facts at the time of refusal. That can only help a couple whose review application was lodged within the partner visa appeal deadline. The decisions below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. They are described only by the issues recorded for each decision, and they do not mean any later outcome was a grant.
Circumstances that changed during the review
In Rogers (Migration) [2020] AATA 4743, a Subclass 309 matter, the recorded issues included a sponsorship limitation where five years had not lapsed since the earlier visa application but had elapsed during the review process. Da Silva (Migration) [2021] AATA 4909 and Ba (Migration) [2021] AATA 1251 record similar issues, with the limitation period having passed. In Vispo (Migration) [2023] AATA 694, a Subclass 820 matter, the sponsor's permanent visa had been cancelled and a differently constituted Tribunal set that cancellation aside.
Prospective marriage refusals and marriage during review
Several Subclass 300 matters record that the couple married after the Department's decision and before the review was finally determined. In Nguyen (Migration) [2022] AATA 2554 and Allieu (Migration) [2022] AATA 2574, the recorded issues were a valid marriage in the home country after the Department's decision and before the review application was finally determined, with the application now taken to be for a partner visa. In Sage (Migration) [2019] AATA 4230, the issues recorded included that the parties married after the refusal and notified the Tribunal of the marriage before the review was determined. The Department's instruction confirms that regulation 4.15(4) allows the Tribunal to treat such an application as also an application for the partner visas. None of this is possible unless the sponsor lodged in time.
Evidence developed for the review
In Wang (Migration) [2024] ARTA 822, a Subclass 820 matter, the recorded issues included a valid marriage two months after meeting and the financial, household and social aspects of the relationship and the nature of the commitment. In 2306750 (Migration) [2026] ARTA 1754, the issues recorded included a de facto relationship at the time of application, a valid marriage, living together and joint bank accounts. In Housayri (Migration) [2023] AATA 1011, a Subclass 309 matter, the recorded issue was a health examination, with notification that the applicants' eMedical cases had been submitted to the Department. These decisions show the kind of work that is done after lodgement. They also show why the partner visa appeal deadline should never be spent waiting for that work to be finished.
How My Migration Lawyers helps you meet the partner visa appeal deadline
My Migration Lawyers helps refused couples meet the partner visa appeal deadline by confirming the exact last day, identifying the correct review applicant, checking the bridging visa position, and lodging a valid ART application quickly, so the review can then be prepared properly. The firm acts in many partner visa reviews where time is short, and it is capable of handling complex cases, including refusals involving offshore sponsors, combined Subclass 820 and Subclass 801 decisions, Schedule 3 issues, sponsorship limitations, family violence and notification problems.
Fast, careful lodgement
When a refused couple contacts the firm, the first task is the partner visa appeal deadline itself. The firm reviews the refusal letter, the method of notification and the authorised recipient records, applies the deemed receipt rules, and confirms the last day in writing. It then confirms who must lodge, prepares a valid application with the required documents and information, and lodges it with the Tribunal. Where the bridging visa would cease before the end of the review period, the firm works to lodge before that date.
Building the review after lodgement
Once the application is lodged, the firm reviews the decision record to identify exactly why the visa was refused. It then helps the couple assemble their own evidence, and reviews each partner's statement and the supporting Form 888 statements, so that the couple correct and confirm their own accounts before anything is filed. Where needed, the firm advises on related issues such as Schedule 3 waivers, the Schedule 3 partner visa waiver, sponsorship limits, a relationship breakdown or a change of circumstances. Where a fresh application may be better than review, the guide to a partner visa after a visa refusal explains the issues.
When couples come to the firm
Some couples come on the day of refusal. Others lodged their own partner visa and want the refusal assessed by a visa appeal lawyer, or want a second opinion from an immigration lawyer on advice they received elsewhere. The guides to hiring an immigration lawyer after lodging your own application, when you need an immigration lawyer for a partner visa and what an immigration lawyer does explain the role. The guide to the difference between a migration agent and an immigration lawyer sets out the practical differences factually.
Who leads the work
Partner visa review work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page, the partner visa lawyers page and the My Migration Lawyers home page. The firm acts for couples across Australia by video consultation, including clients of its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing firms can read the guides to choosing the best partner visa lawyer in Australia and in Sydney, Melbourne, Brisbane and Perth.
Book a consultation before your partner visa appeal deadline
If your partner visa has been refused and the partner visa appeal deadline is still running, the right time to get advice is today. Book a Consultation with My Migration Lawyers to have your last day confirmed and your review application lodged correctly. You can also call 1300 040 300.
Frequently Asked Questions
What is the partner visa appeal deadline?
The partner visa appeal deadline is 28 days after the day you are notified of the refusal decision. If you are in immigration detention on the day you are notified, it is 7 days. The period comes from subsection 347(3) of the Migration Act 1958 and applies to applications to the Administrative Review Tribunal. It cannot be extended, so the review application should be lodged as early as possible.
Does the partner visa appeal deadline start from the date on the decision?
No. The partner visa appeal deadline starts from the day you are notified, which is not always the date on the decision record. The deemed receipt rules in section 494C of the Migration Act decide that day. An email is taken to be received at the end of the day it is sent. A letter posted within Australia is taken to be received 7 working days after its date.
Can the partner visa appeal deadline be extended?
No. The partner visa appeal deadline cannot be extended by the Administrative Review Tribunal or by the Department. The Department's merits review instruction states that an application made after the period has ended is not properly made, and that the Tribunal has no jurisdiction to consider it. Good reasons for delay do not change this, which is why lodging early is essential.
I did not open the refusal email for several days. When does my time start?
Your time starts from the end of the day the email was sent, not the day you opened it. Section 494C of the Migration Act treats an emailed document as received at the end of the day it is transmitted. Count 28 days from the next day. If several days have already passed, you should act immediately, because the partner visa appeal deadline has been running the whole time.
Who lodges the review for a refused Subclass 309 or Subclass 300 visa?
The sponsor lodges the review for a refused Subclass 309 or Subclass 300 visa. These refusals are reviewable under subsection 338(5) of the Migration Act, and only the sponsor in Australia is entitled to apply. The applicant overseas cannot lodge in their own name. The sponsor must lodge a valid application before the partner visa appeal deadline, which is 28 days after notification.
Do I need to be in Australia to appeal a Subclass 820 refusal?
Yes. For a refused Subclass 820 or Subclass 801 visa, the applicant must be physically present in the migration zone when the review application is made. An applicant who leaves Australia before lodging cannot make a valid application from overseas. Lodge the review before any travel, and obtain advice before leaving Australia during the review, because travel can also affect the bridging visa.
Is the partner visa appeal deadline different for de facto couples?
No. The partner visa appeal deadline is the same for married and de facto couples, and for opposite-sex and same-sex couples. It is 28 days after notification, or 7 days for a person in immigration detention. What can differ between cases is who must lodge, which depends on whether the visa was refused onshore or offshore, not on the type of relationship.
Do I need all my evidence ready before the partner visa appeal deadline?
No. You need a valid review application lodged before the partner visa appeal deadline, not your full evidence. Relationship statements, Form 888 statements and new documents can be provided to the Tribunal after lodgement, within the timetable it sets. Delaying the application to gather evidence first is a serious mistake, because a late application cannot be heard at all.
What must be included in a valid ART application for a partner visa refusal?
A valid application must meet subsection 347(2) of the Migration Act and regulation 4.12A of the Migration Regulations 1994. If you have the refusal notification, a copy must be attached. The application must identify the applicant and the decision, and include contact details. All requirements, including payment requirements, must be met within the period. A defect found after the partner visa appeal deadline cannot be fixed by lodging again.
Will my bridging visa continue while the ART reviews my partner visa?
Usually yes, if you hold a Bridging visa A and lodge a valid review on time. Under Department policy, a Bridging visa A granted on or after 19 November 2016 ceases 35 days after the refusal decision if no review is sought. If review is sought, it continues until 35 days after the Tribunal decides. Because these dates are counted differently, lodge early.
Why should I not wait until the last day of the partner visa appeal deadline?
Waiting until the last day risks system failures, missing documents and payment problems that cannot be fixed in time. It can also leave a gap in lawful status, because a Bridging visa A ceases 35 days after the refusal decision, while the review period is counted from notification. Where a refusal is posted, the bridging visa can cease before the partner visa appeal deadline ends.
What is the partner visa appeal deadline if I am in immigration detention?
If you are in immigration detention on the day you are notified of the refusal, the partner visa appeal deadline is 7 days after the day you are notified. A transitional rule once treated this as 7 working days, but the Department's instruction records that the rule applied only until 14 April 2025. A person in detention should seek legal advice on the same day.
Does the partner visa appeal deadline apply to a Subclass 100 refusal?
Yes, if the decision is reviewable. A Subclass 100 refusal is reviewable under subsection 338(7A) only if the applicant was in Australia when the decision was made and is in Australia when the review is lodged. If a Subclass 309 holder is outside Australia when the Subclass 100 visa is refused, there is no right to merits review. Where review is available, the period is 28 days after notification.
What if my refusal notice was sent to my previous migration agent?
If a previous agent or lawyer was your authorised recipient, the Department may have sent the notice to them, and the partner visa appeal deadline is counted from when they are taken to have received it. Find out immediately when and how the notice was sent. Do not assume the clock started when the notice reached you, because it may have started earlier.
Did the 2024 change to the Administrative Review Tribunal change the deadline?
Yes. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. For a refused partner visa reviewed under the current law, the period is 28 days after notification, or 7 days in immigration detention, under subsection 347(3) of the Migration Act. Advice written for the former Tribunal that describes different periods should not be relied on.
How can My Migration Lawyers help me meet the partner visa appeal deadline?
My Migration Lawyers confirms the exact last day by checking how and when the refusal was notified, identifies whether the applicant or sponsor must lodge, checks the bridging visa position, and lodges a valid ART application quickly. The firm then prepares the review case with the couple. Partner visa review work is led by Weiwei Zhang, Principal Lawyer. You can book a consultation online or call 1300 040 300.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
