Partner Visa Appeal Lawyer Sydney

A partner visa appeal lawyer Sydney couples instruct after a refusal has one job in the first days: protect the right to review and then build the strongest lawful case for the Administrative Review Tribunal. If your partner visa was refused, the clock is already running. This guide explains what a partner visa appeal lawyer Sydney applicants and sponsors engage actually does on the matter, step by step, from the first consultation to the hearing and, if the Tribunal sends the case back, to the grant stage. It is written by My Migration Lawyers, whose office is at Level 1, 60 Martin Place, Sydney NSW 2000, and whose partner visa refusal practice is led by Weiwei Zhang, Principal Lawyer.

This is not a general explainer on partner visa law. Our complete guide to partner visas in Australia covers the visas themselves. This article is about the work a lawyer does when a Sydney couple has been refused and still has time to act.

What does a partner visa appeal lawyer in Sydney actually do?

A partner visa appeal lawyer Sydney couples retain reviews the refusal decision, lodges a valid application for review with the Administrative Review Tribunal (ART) within the time limit, obtains the Department's file, identifies the evidence the Tribunal needs, prepares written submissions, prepares the couple and their witnesses for the hearing, and appears with them at the hearing.

The word "appeal" is used loosely. In legal terms, a refused applicant applies to the Tribunal for merits review. The Tribunal "stands in the shoes" of the Department's delegate and makes the correct or preferable decision on the evidence before it at the time of the review (Administrative Review Tribunal Act 2024, section 54). That means the review is not limited to the material the delegate saw. New evidence can be put forward, and the couple can explain in person what the paperwork did not.

That is why the choice of representative matters. The partner visa appeal lawyer Sydney couples choose will shape what the Tribunal reads before the hearing, what questions the couple are ready for, and whether the case answers the real reasons for refusal. Our overview of what a visa appeal lawyer does and when you need one sets out the general role. The rest of this article focuses on partner visa refusals and on Sydney.

Merits review is a second decision, not a complaint

A Tribunal review is not a complaint about the delegate's manners or the time the Department took. The Tribunal asks one question: on the law and the evidence now available, should the visa criteria be found to be met? A partner visa appeal lawyer Sydney applicants engage must therefore work on proof, not grievance. The refusal reasons are the starting point, but the evidence plan is built around the legal criteria the Tribunal will apply.

The Tribunal's powers on a partner visa review

On a reviewable migration decision, the Tribunal may affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the matter to the Department with a direction that a specified criterion is taken to be satisfied (Migration Act 1958, section 349(2); Migration Regulations 1994, regulation 4.15(1)). In partner visa reviews, remittal is the usual favourable result. The Department must then reassess any remaining criteria, but it is bound by the Tribunal's finding on the criterion the Tribunal decided. Our article on what to expect in an ART review after a visa is refused explains the review process in more general terms.

Why do Sydney couples search for a partner visa appeal lawyer Sydney firms can offer after a refusal?

Sydney couples usually search for a partner visa appeal lawyer Sydney firms can offer because the refusal letter arrives without warning, the deadline is short, and they need someone local who understands both the law and the evidence a Sydney household can realistically produce.

Refused couples often describe the same reaction. They read the decision record, they see words such as "not satisfied" and "genuine and continuing relationship", and they feel accused. Many have lived together for years in Parramatta, Liverpool or the inner west. They do not understand how a delegate reached the view that their relationship is not genuine. Others were refused for reasons that have nothing to do with the relationship, such as a Schedule 3 criterion, a sponsorship limitation, or a concern about information given in the application.

Our article on why partner visas get refused sets out the main grounds, and our list of the most common reasons Subclass 820 partner visas are refused looks at the onshore visa in detail. The point for Sydney couples is simple. The reason for refusal decides the shape of the review, and a partner visa appeal lawyer Sydney couples instruct must read the reasons closely before anything else is done.

Local knowledge has practical value

A local partner visa appeal lawyer Sydney couples work with understands the practical side of the evidence. Leases from Sydney real estate agencies, joint accounts with Australian banks, Opal travel patterns, shared car registration, children's school enrolments, Medicare and Centrelink records, and the people who know the couple in their suburb all become part of the case. A lawyer who knows how Sydney households actually live can ask for the right records quickly.

A refusal is not the end of the matter

A refusal is a decision by one delegate on the material that delegate had. It is not a final finding that the relationship is not genuine. Our guide to partner visa refusal appeal options explains each pathway, and our visa refusal lawyers page summarises how My Migration Lawyers acts on refusals across visa types.

How long do you have to lodge a partner visa appeal in Sydney?

You have 28 days after the day you are notified of the refusal to lodge an application for review with the Tribunal, or 7 days if the applicant is in immigration detention on the day of notification (Migration Act, section 347(3)). The time limit cannot be extended. A late application is not properly made, and the Tribunal has no power to hear it.

This is the single most important fact on this page. A partner visa appeal lawyer Sydney couples speak to in the first week has time to plan. One they speak to on day 26 has time only to lodge. Sydney couples should treat the decision date as an emergency date and seek advice from a partner visa appeal lawyer Sydney couples can reach that same week.

When does the 28 days start?

The 28 days start on the day after the refusal is notified, and the notification rules in section 494C of the Migration Act decide that day:

• Email. A decision sent by email is taken to be received at the end of the day it is transmitted.
• Post. A decision sent by post within 3 working days of the date of the letter 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.

Most partner visa refusals are now sent by email to the address given in the application, or to the representative. A partner visa appeal lawyer Sydney applicants instruct will work out the exact last day from the decision notice and the email record, and will lodge well before it.

The application fee is part of the deadline

The review application is properly made only if the Tribunal application fee is paid, or a request for a fee reduction is lodged with at least 50% of the fee paid, within the same 28 days. The fee is substantial and it increases each 1 July. Couples who lodge the form but do not pay in time risk an invalid application. A partner visa appeal lawyer Sydney couples engage will make sure the fee is dealt with in the same step as the form.

What must be lodged with the application

The application must include a copy of the decision notice if the applicant has it (Migration Act, section 347(2); Migration Regulations, regulation 4.12A). The application can be made by the Tribunal's online form, by paper form or by letter, under the Tribunal's Migration, Protection and Character Practice Direction. In practice, the online form is the fastest and gives an immediate record of lodgement.

Who lodges the appeal: the applicant or the Sydney sponsor?

Who lodges the review depends on which partner visa was refused. For an onshore refusal, the visa applicant lodges. For a Subclass 300 refusal, the Australian sponsor lodges. For a Subclass 309 refusal, the visa applicant lodges, with the Sydney partner usually instructing and giving evidence.

The rules come from sections 338 and 347A of the Migration Act and regulation 4.02 of the Migration Regulations:

• Subclass 820 and Subclass 801 (onshore). The visa applicant applies for review and must be physically present in Australia when the review application is made. See our page on the Subclass 820 visa and our explanation of Subclass 820 versus Subclass 801.
• Subclass 309 (offshore). The visa applicant applies for review (regulation 4.02(4)(saa) and 4.02(5)(raa)). The Australian partner in Sydney usually instructs the lawyer, supports the case and gives evidence. See our Subclass 309 visa page.
• Subclass 300 (prospective marriage). The sponsor applies for review (regulation 4.02(4)(s) and 4.02(5)(r)). See our Subclass 300 visa page.
• Subclass 100 refused while the person is outside Australia. There is no Tribunal review (sections 338(7A) and 347A(3)).

Getting this wrong can be fatal to the review. A partner visa appeal lawyer Sydney sponsors and applicants rely on checks the correct applicant, the correct visa and the applicant's location before lodging. Where family members were refused together, a combined application for review can be made and only one fee is payable (regulations 4.12 and 4.13(3)).

Which partner visa refusal grounds can a Sydney appeal lawyer challenge?

A partner visa appeal lawyer can challenge any refusal ground that the Tribunal is able to review on the merits, including a finding that the relationship is not genuine and continuing, a Schedule 3 finding, a sponsorship finding, a public interest criterion finding, and a finding about the couple's marriage or de facto status at the relevant time.

Each ground needs a different kind of evidence and argument. The partner visa appeal lawyer Sydney couples instruct must therefore identify the ground precisely before planning the review.

Relationship not genuine and continuing

This is the most common ground. The delegate was not satisfied that the couple have a mutual commitment to a shared life to the exclusion of all others, or that the relationship is genuine and continuing. The review answers this with better evidence across the four aspects of the relationship, a clear relationship statement, Form 888 supporting statements, and the couple's oral evidence at the hearing. A partner visa appeal lawyer Sydney applicants engage will look closely at what the delegate found missing, because that is where new evidence will do the most work.

Relationship timing and de facto status

Some refusals turn on whether the couple were in a de facto relationship for the required period, or whether they were married or de facto at the time of application. Our article on the de facto partner visa 12 month rule explains the requirement and its exceptions. A partner visa appeal lawyer Sydney couples retain will test the dates against leases, bank records and other documents before the hearing.

Integrity concerns under public interest criterion 4020

A refusal under public interest criterion 4020 means the delegate found that false or misleading information, or a bogus document, was given. These refusals are serious, because the consequences can extend beyond the current application. The partner visa appeal lawyer Sydney applicants consult will review exactly what the Department relied on, whether the information was in fact false or misleading, and whether the applicant was properly given a chance to respond.

Schedule 3, sponsorship and debts

Other grounds include Schedule 3 criteria for applicants who did not hold a substantive visa, limitations on the sponsor under the Migration Regulations, and public interest criterion 4004 where a debt to the Commonwealth is outstanding. Each ground has its own legal test. A partner visa appeal lawyer Sydney couples speak to early can tell them which documents will matter and whether the issue can be cured before the hearing, for example by arranging repayment of a debt.

Subclass 300 couples who marry after refusal

For a Subclass 300 refusal, there is a special rule. If the couple marry after the refusal and before the review is finally determined, and they notify the Tribunal, the application is taken to also be an application for a partner visa if the matter is remitted (regulation 4.15(4)). A partner visa appeal lawyer Sydney sponsors instruct on a prospective marriage review will explain how and when to notify the Tribunal.

What a partner visa appeal lawyer Sydney couples instruct does, step by step

A partner visa appeal lawyer Sydney couples instruct follows a clear sequence: consultation, decision analysis, deadline control, lodgement, Department file request, an evidence plan, review of the couple's relationship statement, Form 888 witnesses, written submissions, hearing preparation and attendance, and remittal follow-through.

Each step below is what My Migration Lawyers does on a Sydney partner visa review. The order matters, because the early steps protect the right to review and the later steps build the case.

Mistakes refused couples make in the first week

Before the steps, it helps to know the mistakes that most often damage a review. A partner visa appeal lawyer Sydney couples instruct will usually see at least one of them:

• Waiting for a reply from the Department. Some couples email the Department asking it to reconsider. The Department will not reopen a refused application, and the review deadline keeps running.
• Lodging a new application instead of a review. A fresh application may be barred, or may not be the right course. That decision needs advice first.
• Lodging without paying the fee. A review form lodged without the fee, or a valid fee reduction request with at least half paid, within 28 days may not be properly made.
• Rewriting history. Couples sometimes try to change dates or facts to fit what they think the Tribunal wants. Inconsistency is often why the visa was refused, and new inconsistency makes it worse. The truth, clearly explained, is the only safe evidence.
• Travelling without checking the bridging visa. Leaving Australia during an onshore review without the right travel permission can end the bridging visa and create new problems.

A partner visa appeal lawyer Sydney applicants contact in the first days can prevent each of these mistakes.

Step 1: The first consultation

The first step is a video consultation in which the lawyer reads the refusal decision with the couple and confirms whether review is available and what the deadline is. My Migration Lawyers holds consultations by video, so couples in Penrith, Campbelltown or the Northern Beaches do not need to travel to Martin Place. Our guide to booking an immigration lawyer consultation explains what happens in a consultation, and our article on urgent immigration lawyer advice explains what to prepare when time is short.

At this stage the partner visa appeal lawyer Sydney couples meet will ask for the refusal decision, the email that carried it, and the visa application as lodged. The lawyer will also ask about anything that has changed since lodgement, such as a marriage, a child, a new address or a period apart.

Step 2: Analysing the decision record

The second step is a close reading of the delegate's decision record to identify every criterion found not met and every adverse finding of fact. Refusal decisions often rest on one criterion, but the reasons can contain several separate concerns. A delegate may doubt the couple's living arrangements, find gaps in the financial evidence, note inconsistent dates between the partners' accounts, and question the Form 80 personal particulars. Each concern needs an answer.

The partner visa appeal lawyer Sydney applicants instruct will also look at what the delegate did not consider. If the delegate overlooked evidence that was lodged, that becomes part of the submissions. If the delegate relied on adverse information without giving the couple a chance to comment, that is noted as well. Our article on responding to a section 57 natural justice letter for a partner visa explains how adverse information is supposed to be put to an applicant.

Step 3: Controlling the deadline

The third step is fixing the exact last day for lodgement and the fee, in writing, and lodging well before it. The partner visa appeal lawyer Sydney couples engage does this calculation from the notification rules, not from the date on the letter alone. The firm does not leave lodgement to the last day, because online systems fail and payments are declined.

Step 4: Lodging the application for review

The fourth step is lodging a valid application for review with the Tribunal, with the decision notice attached and the fee paid or a fee reduction properly requested. The lawyer also lodges a Form 956 appointment or equivalent notice so that the Tribunal corresponds with the firm. Where several family members were refused together, the partner visa appeal lawyer Sydney families instruct will make one combined application so only one fee is paid.

Step 5: Requesting the Department's file

The fifth step is requesting access to the documents the Department gave the Tribunal, under section 362A of the Migration Act, as soon as the review is lodged. The Migration, Protection and Character Practice Direction says the request should be made as soon as practicable, and a late request is not by itself a reason to adjourn a hearing. The file shows exactly what the delegate had, including interview notes, case notes and any third party information. A partner visa appeal lawyer Sydney couples rely on cannot properly prepare the case without it.

Step 6: Building the evidence plan

The sixth step is a written evidence plan that maps every refusal concern to the legal criteria and lists the evidence that answers it. For a relationship refusal, the plan is organised around the four aspects of the relationship that the decision maker must consider under regulation 1.15A(3) for spouses or regulation 1.09A(3) for de facto partners:

• Financial aspects. Joint ownership, joint liabilities, pooled finances, shared bills and the way the couple support each other.
• Nature of the household. The shared home, the care of children, and how household tasks and costs are divided.
• Social aspects. Whether the couple are known as a couple to friends, family, workplaces and community groups, and how they spend time together.
• Nature of the commitment. The length of the relationship, mutual support, time together and apart, and the couple's plans for the future.

These are aspects of one relationship, not separate statements. The question under section 5F (spouses) or section 5CB (de facto partners) of the Migration Act is whether the couple have a mutual commitment to a shared life as spouses or partners to the exclusion of all others, and whether the relationship is genuine and continuing. Our guides to partner visa relationship evidence and preparing evidence of a genuine relationship explain the kinds of material that are useful. Our Subclass 820 evidence checklist and partner visa document checklist list common documents.

The partner visa appeal lawyer Sydney couples choose decides which arguments are put to the Tribunal and which evidence is filed. That is a legal judgement. The couple's job is to give honest instructions and to find the records that exist.

Step 7: Reviewing the couple's relationship statement

The seventh step is the lawyer's review of the couple's own relationship statement against the forms, the evidence and the refusal reasons. A partner visa has one relationship statement. It is the couple's own account of how they met, how the relationship developed and how they live now. The lawyer does not write the couple's story. The lawyer reads it, identifies gaps, unclear dates and inconsistencies with earlier documents, and asks the couple to correct and confirm their own account.

Inconsistency is one of the most common reasons for refusal. If one partner said they moved in together in March and the other said June, the delegate may have doubted both. A partner visa appeal lawyer Sydney couples instruct will put those dates side by side with leases and bank records, and ask the couple to explain the difference truthfully. Our guide to writing a partner visa relationship statement explains what the statement should cover.

Step 8: Form 888 witnesses from the couple's Sydney community

The eighth step is identifying people in the couple's Sydney life who genuinely know them as a couple and asking them to give Form 888 supporting statements. Form 888 statements come from Australian citizens or permanent residents who know the relationship. Good witnesses are people who have seen the couple together over time: a landlord in Blacktown, a work manager in Macquarie Park, a neighbour in Hurstville, members of a faith community in Auburn, a sporting club in Cronulla, or family members across Greater Sydney.

The partner visa appeal lawyer Sydney couples work with will check each Form 888 statement for accuracy and for detail. A statement that only says "they are a real couple" carries little weight. A statement that describes specific occasions, dates and observations carries more. Some witnesses may also be asked to give oral evidence at the hearing. Our guides to who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain the form in more detail.

Step 9: Written submissions

The ninth step is a written submission to the Tribunal, filed before the hearing, that sets out the law, the facts, the evidence and why each criterion is met. The submission answers the delegate's concerns one by one and points the Tribunal member to the exact documents that prove each point. A well organised submission lets the member understand the case before the hearing starts. A partner visa appeal lawyer Sydney applicants instruct will also address any change since the refusal, such as a marriage, a pregnancy or a new joint lease, because the Tribunal decides on the evidence at the time of review.

Step 10: Hearing preparation and attendance

The tenth step is preparing the couple and their witnesses for the hearing and appearing with them on the day. The Tribunal member usually asks each partner questions separately about the history and daily life of the relationship. Preparation is not rehearsing answers. It is making sure each partner knows the documents they relied on, understands the concerns the member is likely to raise, and is ready to tell the truth clearly and calmly.

The partner visa appeal lawyer Sydney couples engage will explain the hearing format, who will be present, how evidence is taken and what happens if a witness cannot attend. At the hearing, the lawyer may make opening remarks, ask questions of witnesses with the member's permission, and make closing submissions. Attendance is essential. If the applicant does not appear, the Tribunal may dismiss the application (Administrative Review Tribunal Act, section 99), and reinstatement must be sought within 28 days after notice of the dismissal (Migration Act, section 368C).

Step 11: Remittal follow-through

The eleventh step is managing the case after the Tribunal remits it, until the Department makes its new decision. On remittal the Department must reassess the remaining criteria, such as health, character, public interest criterion 4020 and public interest criterion 4004, and it is bound by the Tribunal's finding on the remitted criterion. The partner visa appeal lawyer Sydney couples instruct will respond to Department requests, including section 56 requests for more information, and will notify changes of circumstances using Form 1022 where required.

What happens to your bridging visa during a Sydney partner visa appeal?

If an onshore partner visa applicant lodges a valid review in time, the bridging visa granted with the partner visa application generally continues while the review is decided. If no review is lodged, a Bridging A visa granted with the partner application ceases 35 days after the refusal decision (Migration Regulations, Schedule 2, clause 010.511).

Where review is lodged in time, the Bridging A visa generally ceases 35 days after the Tribunal's decision, or remains in effect if the matter is remitted. The same 35 day pattern applies to Bridging B and Bridging C visas. This is why lodging the review on time does two things at once: it keeps the review right alive and it preserves lawful status in Sydney while the case is decided.

Our guides to the Bridging A visa, the Bridging B visa and bridging visas in Australia explain conditions and travel. Our article on work rights while waiting for a Subclass 820 visa explains work conditions. A partner visa appeal lawyer Sydney applicants engage will check the bridging visa position at the first consultation, because travel during review without the right bridging visa can cause serious problems.

Applicants without a substantive visa

Some Sydney applicants applied for a partner visa when they did not hold a substantive visa, so Schedule 3 criteria 3001, 3003 and 3004 apply. If the refusal turned on Schedule 3, the review must address whether there are compelling reasons not to apply those criteria. See our Schedule 3 waiver page and our guide to the Schedule 3 partner visa waiver.

Applicants whose earlier visa had a no further stay condition

Others came to Sydney on a visitor visa and applied onshore. Our articles on moving from a tourist visa to a partner visa in Australia and on condition 8503 and the Subclass 820 visa explain the issues that can arise. A partner visa appeal lawyer Sydney couples retain will check whether any of these issues also affect the review.

Where are partner visa appeal hearings held for Sydney couples?

The Administrative Review Tribunal has a registry in Sydney, and the Tribunal decides how and where each hearing is held. Hearings may be held in person at a Tribunal venue or by video, and the Tribunal tells the parties the format in its hearing notice.

For many Sydney couples, the hearing format is a source of worry. Some expect a courtroom. A Tribunal hearing is less formal than a court. The member sits at a table, the couple sit with their representative, and evidence is given under oath or affirmation. The partner visa appeal lawyer Sydney couples instruct will read the hearing notice, confirm whether the hearing is in person or by video, and make sure the couple and their witnesses know where to be, how to connect and what to bring.

What if a partner or witness is overseas?

Where the applicant is overseas, as in a Subclass 309 review, the Australian partner in Sydney usually attends and gives evidence, and the Tribunal may take evidence from the applicant by telephone or video. A partner visa appeal lawyer Sydney sponsors instruct on an offshore review will tell the Tribunal early about any witness overseas and any time zone issue.

Which Sydney suburbs and communities does My Migration Lawyers act for?

My Migration Lawyers acts for partner visa clients across Greater Sydney, from the CBD and the eastern suburbs to Parramatta, Liverpool, Blacktown, Hurstville, Chatswood, Penrith, Campbelltown, Bankstown, Strathfield, Ryde, Sutherland and the Hills district. Because consultations are by video, where a couple lives in Sydney does not limit who they can instruct. The partner visa appeal lawyer Sydney couples meet by video works from the same evidence plan whether the couple live in Rouse Hill or Randwick.

Western Sydney is home to many partner visa couples. Our partner visa lawyers in Parramatta page and our immigration lawyers in Parramatta page describe how the firm acts for clients in that region. Our guides to choosing a partner visa lawyer in Parramatta and a migration lawyer in Parramatta may also help.

For clients across the city, our partner visa lawyers in Sydney and immigration lawyers in Sydney pages set out the full range of the firm's work. Our articles on partner visa lawyers in Sydney and immigration lawyers in Sydney explain the services in more depth.

Sydney is a city of many communities and many languages. A partner visa appeal lawyer Sydney couples from different backgrounds engage must understand that relationships are formed and recognised in different ways. An arranged introduction, a marriage celebrated in a home country, or a relationship conducted partly across borders can each be genuine. The Tribunal assesses the relationship on its own facts, and the evidence must explain those facts clearly. The firm also acts on same-sex and LGBTI partner visas and on matters involving family violence.

What should you bring to your first consultation with a partner visa appeal lawyer in Sydney?

You should bring the refusal decision, the email or letter that delivered it, a copy of the visa application as lodged, and any documents you received from the Department during processing.

A partner visa appeal lawyer Sydney couples consult can give clear advice only if the core documents are available. The most useful items are:

• The decision record. The full refusal decision with the reasons, and the email that carried it, so the deadline can be calculated.
• The application as lodged. The ImmiAccount application summary, the relationship statement, and the evidence uploaded. Our guide on how to create an ImmiAccount explains how to find lodged material.
• Department correspondence. Any request for information, any natural justice letter, and the couple's replies.
• Current evidence. Recent joint bills, leases, bank statements and photographs that show the relationship as it is now.
• Changes since lodgement. Any marriage, child, move, period apart or new employment.

Couples do not need to have everything before booking. A partner visa appeal lawyer Sydney applicants book early can request the Department's file and fill the gaps during the review. The priority is to get advice before the deadline. If you lodged the partner visa yourself, our article on hiring an immigration lawyer after lodging your own visa application explains how a lawyer takes over.

How do you choose a partner visa appeal lawyer in Sydney?

You should choose a partner visa appeal lawyer in Sydney who acts regularly in Tribunal reviews of partner visa refusals, who explains the deadline and the fee clearly in writing, who reads your decision before advising, and who tells you honestly what the review can and cannot do.

Both Australian legal practitioners and registered migration agents may represent applicants before the Tribunal. A lawyer holds a practising certificate and is regulated by the legal profession rules of the state in which they practise. A registered migration agent is registered under the Migration Act. Each can act on a partner visa review. Our articles on the difference between a migration agent and an immigration lawyer and on whether to choose a partner visa migration agent or lawyer set out the factual differences.

A partner visa appeal lawyer Sydney couples are comparing should answer these questions plainly. Questions to ask include:

• Experience. How many partner visa reviews does the representative handle, and what kind of refusals?
• Who does the work. Who will read the decision, prepare the submissions and attend the hearing?
• Scope. Does the engagement cover the file request, the submissions, the hearing and the remittal stage?
• Costs. Is the fee fixed, and what does it include? Our article on fixed-fee immigration lawyers explains what a quote should cover.
• Honesty. Will the representative tell you if the case has real weaknesses?

Our guides to choosing a partner visa lawyer in Sydney, a migration lawyer in Sydney and an Australian migration lawyer cover selection in more detail. If you already have a representative but want a second view, our articles on getting a second opinion from an immigration lawyer and on how to change your immigration lawyer explain the process.

How long does a partner visa appeal in Sydney take?

A partner visa review in the Tribunal can take many months, and the time varies with the Tribunal's caseload and the issues in the case. No partner visa appeal lawyer Sydney couples speak to can give a fixed date for a hearing or a decision.

Once a hearing is held, the Tribunal must give its decision with written reasons, and the parties must be notified within 14 days after the decision is made (Migration Act, section 368A). If the matter is remitted, the Department then reassesses the remaining criteria, which adds further time. In some cases the Tribunal will expedite a hearing where there is a good reason, and a partner visa appeal lawyer Sydney applicants engage can ask for that where it is justified.

For a partner visa appeal lawyer Sydney couples instruct, the waiting period is not wasted time. The relationship continues, and new evidence keeps building. A couple who keep their joint records in order while the review is pending give their lawyer more to work with at the hearing. Our article on Subclass 820 processing times deals with the original application stage.

What if the relationship changes during the review?

If the relationship ends during the review, or family violence occurs, the review may still continue on a different basis. Our article on what happens if the relationship breaks down during a Subclass 820 application explains the special provisions. A partner visa appeal lawyer Sydney couples instruct must be told about any change at once.

What if the Tribunal affirms the refusal?

If the Tribunal affirms the refusal, court review for legal error may be available, and the Minister has a personal public interest power to substitute a more favourable decision under section 351 of the Migration Act. Neither is a rehearing of the facts. Our article on applying for a partner visa after a visa refusal explains when a fresh application may be possible.

What Tribunal decisions show about partner visa refusals sent back to the Department

Published Tribunal decisions show that partner visa refusals are regularly set aside and remitted where the evidence at review establishes the relationship or the criterion the delegate found not met. The following decisions are reported examples of remittals. They are not cases of My Migration Lawyers, and each turned on its own facts.

• Porcinio De Souza (Migration) [2026] ARTA 384. A Subclass 820 review in which the reported issues were a genuine and continuing de facto relationship, a registered relationship, shared household expenses and social and family recognition of the relationship.
• 2306217 (Migration) [2026] ARTA 1901. A Subclass 820 review in which the reported issues included the financial, household and social aspects of the relationship and the nature of the commitment, and the couple's family, social and special interest activities.
• Thapa (Migration) [2026] ARTA 962. A Subclass 820 review in which the couple were validly married after the delegate's decision, and the Tribunal considered the four aspects of the relationship.
• Owatlarnporn (Migration) [2026] ARTA 939. A Subclass 820 review in which the reported issue noted that joint resources were limited but not insignificant.
• Tang (Migration) [2026] ARTA 374. A Subclass 820 review involving a previous refused application, the sponsor's regular visits and the applicant's arrival on a visitor visa.
• Saadie (Migration) [2024] ARTA 862. A Subclass 309 review in which the hearing was expedited and the Tribunal considered a marriage in the home country that took place days after the couple met in person.

These decisions show three things a partner visa appeal lawyer Sydney couples instruct will focus on. First, social recognition and community evidence matter. Second, events after the refusal, such as a marriage, are considered. Third, limited financial evidence is not fatal if the whole relationship is genuine. Each case is decided on its own evidence, and no published decision predicts the result of another review.

How My Migration Lawyers acts as a partner visa appeal lawyer for Sydney couples

My Migration Lawyers acts as a partner visa appeal lawyer Sydney couples can instruct from the day of refusal to the Department's final decision after remittal. The firm deals with complex partner visa refusals, including relationship refusals, Schedule 3 refusals, sponsorship limitation refusals, public interest criterion 4020 concerns and cases where family violence has occurred. The firm acts in many partner visa reviews of exactly this type and is equipped to handle them.

The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. Consultations are held by video, so couples anywhere in Greater Sydney can meet the firm without travelling. The firm's partner visa appeal work is led by Weiwei Zhang, Principal Lawyer.

On a Sydney partner visa review, our work follows these steps:

• Deadline first. We read the refusal decision and the notification email, fix the last day for lodgement and for the fee, and confirm it in writing.
• Lodgement. We lodge a valid application for review with the decision notice attached, deal with the fee, and request the Department's file under section 362A.
• Decision analysis. We identify every criterion found not met and every adverse finding, and we compare them with the Department's file.
• Evidence plan. We map each concern to the legal test and list the evidence that answers it, using records a Sydney household realistically holds.
• Statement review. We review the couple's relationship statement against the forms and the evidence, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account.
• Form 888 witnesses. We review the Form 888 supporting statements from people in the couple's Sydney community and identify which witnesses may give oral evidence.
• Submissions. We file written submissions that set out the law, the facts and the evidence, criterion by criterion.
• Hearing. We prepare the couple and their witnesses and appear with them at the hearing, in person or by video.
• Remittal. If the Tribunal remits the matter, we manage the Department's reassessment until a decision is made.

You can read more about My Migration Lawyers, see the firm's partner visa lawyers page, and visit our partner visa refusals page. Our articles on the role of a partner visa lawyer in Australia, on partner visa lawyers, on when you need an immigration lawyer for a partner visa, and on partner visa lawyer help versus doing it yourself explain the firm's wider partner visa work. The firm also acts on visa cancellations, partner visa sponsorship limitations and de facto partner visas. The My Migration Lawyers home page lists all practice areas, and our contact page has the firm's details.

Every partner visa review is different, and no lawyer can promise the outcome. What a partner visa appeal lawyer Sydney couples instruct can do is make sure the review is lodged validly and on time, that the Tribunal sees the full and accurate evidence of the relationship, and that the couple are ready to give their evidence at the hearing.

Book a consultation with My Migration Lawyers to have your partner visa refusal reviewed before the deadline passes. You can also call us on 1300 040 300.