Partner Visa Appeal Submissions

A partner visa appeal submission is the written legal argument that tells the Administrative Review Tribunal (ART) why a refused partner visa should be sent back to the Department with a finding in the applicant's favour. It is not a letter about how much the couple loves each other. A good partner visa appeal submission takes each reason the delegate gave for the refusal, sets out the law the Tribunal must apply, points to the evidence that answers that reason, and asks the Tribunal for a specific order.

This guide explains what a partner visa appeal submission is, how it differs from the couple's relationship statement and from Form 888 supporting statements, when it is lodged, and how a strong one is structured. It covers the legal tests in section 5F and section 5CB of the Migration Act 1958, the four aspects of the relationship in the Migration Regulations 1994, how to deal with inconsistencies and adverse information, how Tribunal decisions are used, and the orders the Tribunal can make. It also explains the mistakes that weaken a review. Nothing in this guide is a promise of an outcome. No lawyer can promise the result of a Tribunal review.

If your partner visa has just been refused, first read our guide to your partner visa appeal options and what to do next and confirm your deadline. The firm's partner visa refusal appeal lawyers act in Tribunal reviews of Subclass 820, Subclass 801, Subclass 309 and Subclass 300 refusals across Australia.

What is a partner visa appeal submission?

A partner visa appeal submission is a written document, usually prepared by the applicant's lawyer, that argues why the Tribunal should be satisfied that each criterion in issue is met. It explains the law, links the law to the evidence, and asks the Tribunal to set aside the refusal. It is the document that tells the Tribunal what the case is about and why the applicant should succeed.

The word "appeal" is used loosely. Strictly, the Tribunal conducts merits review. It reconsiders the visa application for itself and "stands in the shoes" of the delegate under section 54 of the Administrative Review Tribunal Act 2024. It is not limited to the documents the delegate saw. It considers the evidence before it at the time of its own decision, including new evidence. That is why a partner visa appeal submission is not a complaint about the Department. It is a structured explanation of why the applicant meets the law now, on everything the Tribunal has.

Our general guide to what to expect in an ART review after a visa is refused explains the process as a whole. This article focuses on the written argument.

A submission is argument, not evidence

A partner visa appeal submission is argument, not evidence. This is the single most important point about it. The Tribunal decides facts on evidence: the couple's own statements, their oral evidence at the hearing, the evidence of witnesses, and documents. A submission cannot prove that a joint lease exists or that the couple spent Christmas with the sponsor's family. Only evidence can do that.

What the submission does is organise that evidence and connect it to the law. It tells the Tribunal which document answers which finding, why an apparent inconsistency has an innocent explanation that the evidence supports, and why the facts, taken together, meet the legal test. A submission that makes factual claims with no evidence behind them is weak. A submission that cites evidence precisely is strong.

This is also why the firm never creates evidence for a couple. The facts belong to the couple. A lawyer's role is to identify what evidence exists, ask for it, check it, and present it in an argument that the Tribunal can follow.

What the Tribunal already has before it reads the submission

Before it reads any partner visa appeal submission, the Tribunal receives the Department's file. Under section 352 of the Migration Act, within 10 working days after being notified of the review application, the Department must give the Tribunal a statement about the decision under review. That statement sets out the findings of fact, refers to the evidence on which those findings were based, and gives the reasons for the decision. The Department must also give the Tribunal the other documents it considers relevant to the review.

The applicant may ask the Department for access to that material under section 362A. The request should be made as soon as practicable after the review is lodged. The Tribunal's Migration, Protection and Character Practice Direction states that a late request will not, by itself, be treated as an adequate reason to adjourn a hearing. A partner visa appeal submission written without seeing the Department's file risks missing something the delegate relied on.

How a partner visa appeal submission differs from the relationship statement and Form 888 statements

A partner visa appeal submission differs from the relationship statement and Form 888 statements because the submission is the lawyer's argument, while the statements are evidence given by people with first-hand knowledge. The Tribunal weighs the statements as evidence. It reads the submission as a guide to that evidence and to the law.

Many couples confuse these documents. Some think the lawyer's submission replaces their own account. Others send a long personal letter and call it a submission. Both approaches weaken a review. Each document has its own job.

The relationship statement is the couple's own evidence

The relationship statement is the couple's own account of their relationship, in their own words. A partner visa has one relationship statement. It can be a joint statement or separate statements from each partner, but it is the couple's evidence, not the lawyer's. It describes how they met, how the relationship developed, how they live, how they manage money, who knows them as a couple, and what their commitment to each other looks like.

At review, the relationship statement is often updated to cover the period since the refusal and to respond to the delegate's findings. A lawyer reviews that statement against the decision, the original forms and the documents, identifies gaps and inconsistencies, and asks the couple to correct and confirm their own account. The couple must be able to say, at the hearing, that every sentence is true and is theirs. Our guide to writing a partner visa relationship statement, with examples explains what a statement should contain.

The four aspects of the relationship are the financial aspects, the nature of the household, the social aspects and the nature of the commitment. These are aspects that the decision maker assesses. They are not four separate statements. A relationship statement can address each aspect, and a partner visa appeal submission can then point to the parts of the statement that deal with each one.

Form 888 supporting statements are evidence from other people

Form 888 statements are supporting statements from people who know the couple. They are evidence. A Form 888 from a friend who has visited the couple's home, or from a family member who attended their wedding, can corroborate what the couple say. Our articles on who can make a Form 888 and what it should say and on Form 888 example answers and common mistakes explain how these statements work.

A partner visa appeal submission refers to Form 888 statements as supporting statements and explains what each one corroborates. If the Tribunal wishes to hear from a witness, the witness may be asked to give oral evidence at the hearing. A witness who has signed a statement they cannot explain does more harm than good.

Documents are the third kind of evidence

Documents are the third kind of evidence: joint bank statements, leases, bills, travel records, photographs over time, messages, and records of social and family events. Our guides to partner visa evidence and how to prove a relationship is genuine and to preparing evidence of a genuine relationship explain which documents carry weight.

A partner visa appeal submission does not reproduce every document. It identifies the documents that matter, explains what each one shows, and tells the Tribunal where to find it in the evidence bundle.

When is a partner visa appeal submission lodged?

A partner visa appeal submission is lodged after the review application is made and before the hearing, by any date the Tribunal sets. The submission is not part of the review application itself. The review application must come first, and it is subject to a strict deadline.

The review deadline comes before any submission

Under section 347(3) of the Migration Act, an application for review of a partner visa refusal must be made within 28 days after the day the applicant is notified of the decision. If the applicant is in immigration detention on the day of notification, the period is 7 days. The time limit cannot be extended. A late application is not properly made, and the Tribunal has no power to review the decision.

The review fee must also be paid within the same 28 days, or a request for a fee reduction must be lodged with at least 50 per cent of the fee paid within that period. The fee is substantial and increases each 1 July. A partner visa appeal submission can be excellent and still be useless if the review application was not properly made.

The 28 days run from the day after notification. Under section 494C, a decision sent by email is taken to be received at the end of the day it is transmitted. A decision sent by post within 3 working days of its date is taken to be received 7 working days after the date of the letter. A decision handed over in person is received immediately. Our guide to urgent immigration lawyer advice explains what to gather in the first days after a refusal.

For an onshore refusal, such as a Subclass 820 or Subclass 801 refusal, the visa applicant applies and must be physically present in Australia when the review application is made. For a Subclass 309 refusal, the visa applicant applies, and the Australian partner usually gives instructions, supports the review and gives evidence. For a Subclass 300 refusal, the sponsor applies. A Subclass 100 refused while the applicant is outside Australia is not reviewable by the Tribunal. The firm's pages on the Subclass 820 visa, the Subclass 309 visa and the Subclass 300 visa explain each stream.

Lawful status while the review is running

For an onshore applicant, lodging the review in time usually keeps the applicant lawful. A Bridging A visa granted with a partner application lodged on or after 19 November 2016 ceases 35 days after the refusal if no review is lodged. If review is lodged in time, it continues and ceases 35 days after the Tribunal's decision, or remains in effect if the matter is remitted. Our guides to the Bridging A visa and to work rights on a bridging visa while a Subclass 820 is processed explain the conditions.

The submission is given before the hearing, by any date the Tribunal sets

The partner visa appeal submission is given to the Tribunal before the hearing, by any date the Tribunal sets. The Tribunal usually writes to the applicant inviting them to a hearing and may ask for documents or submissions by a particular date. Any date the Tribunal sets should be treated as a firm deadline. Material given late may not be considered, or may lead the Tribunal to proceed without it.

In practice, the submission should be lodged early enough for the member to read it before the hearing. A member who has read a clear partner visa appeal submission before the hearing knows which issues matter, which evidence answers them and which questions remain open. That shapes the hearing in the applicant's favour.

Submissions after the hearing

Submissions after the hearing are possible only if the Tribunal allows them. Under the Tribunal's common procedures practice direction, written submissions or documents given after a hearing has concluded will not usually be taken into account unless the Tribunal has given permission or they are required or permitted by law. If the member indicates at the hearing that a point needs further evidence or a short written response, the representative can ask for time to provide a post-hearing submission. That request should be made at the hearing, and any time limit the Tribunal sets must be met.

Does the Tribunal require a written partner visa appeal submission?

No. The law does not require an applicant to file a written partner visa appeal submission. The Tribunal can decide a review on the Department's file, any new evidence and the oral evidence given at the hearing. In practice, however, a review without a written submission leaves the Tribunal to work out for itself what the applicant's case is.

That is a risk. The Tribunal member may identify the issues differently from the way the applicant would. The member may not see why a particular document matters. An inconsistency in the file may stand unexplained. A written partner visa appeal submission removes that risk by setting out, before the hearing, exactly what the applicant says and why.

A written submission is especially important where the refusal involves more than one criterion, where the delegate relied on adverse information, where the evidence is extensive, or where the law is technical, such as Schedule 3, a sponsorship limitation or public interest criterion 4020. In those cases a partner visa appeal submission is not an extra. It is the core of the review.

How to structure a strong partner visa appeal submission

A strong partner visa appeal submission follows a clear structure that mirrors the decision under review: what was decided, what the law requires, what the evidence shows, and what order the Tribunal should make. The Tribunal member should be able to find any point in the submission within seconds. Headings, numbered paragraphs and precise references to the evidence make that possible.

The structure set out below is the one the firm applies in partner visa reviews. The order can change with the case, but each element should be present.

• The decision under review and the criteria in issue.
• The legal test.
• The evidence index.
• The answer to each refusal finding, point by point.
• Inconsistencies and adverse information, dealt with honestly.
• Relevant Tribunal decisions.
• The orders sought.

1. The decision under review and the criteria in issue

A partner visa appeal submission should open by identifying the decision under review and the precise criteria the delegate found were not met. That means the visa subclass, the date of the decision, and the clause of Schedule 2 to the Migration Regulations that was not satisfied. For example, a Subclass 820 refusal on relationship grounds usually turns on whether the applicant is the spouse or de facto partner of the sponsor at the time of decision.

This part of the submission also identifies which criteria were not in dispute. If the delegate accepted identity, health and character, the submission says so. That narrows the hearing to the real issues. It also flags any criterion the Department did not reach, such as health or police checks, that will need to be met if the matter is remitted.

Our articles on why partner visas get refused and on the most common reasons Subclass 820 visas are refused explain the criteria that most often appear in refusal decisions.

2. The legal test

A partner visa appeal submission must state the legal test the Tribunal is required to apply. For a married couple, the test is in section 5F of the Migration Act. For a de facto couple, it is in section 5CB. Both require, in substance, that the couple have a mutual commitment to a shared life as spouses or partners to the exclusion of all others, that the relationship is genuine and continuing, and that the couple live together or do not live separately and apart on a permanent basis. A married couple must also be validly married. A de facto couple must not be related by family.

The Migration Regulations then list the matters the decision maker must consider. For spouses, they are in regulation 1.15A(3). For de facto partners, they are in regulation 1.09A(3). Both cover the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the persons' commitment to each other. The submission should set out these four aspects and then deal with each in turn.

Stating the test precisely matters because delegates sometimes apply the wrong one. A refusal may treat the absence of a joint bank account as decisive, when the law requires all the circumstances to be considered together. A refusal may focus on how the relationship began, when the question is whether it is genuine and continuing at the time of decision. A partner visa appeal submission that identifies an error of approach, and then shows the evidence under the correct test, gives the Tribunal a clear path.

For de facto relationships, there is also a 12-month relationship requirement at the time of application unless an exception applies. Our guides to the de facto partner visa and the 12-month rule and to whether you really need 12 months of de facto relationship for a Subclass 820 explain that requirement.

3. The evidence index

An evidence index is a numbered list of every document relied on at review, so that the partner visa appeal submission can refer to each document by its number. The index usually groups documents under the four aspects, followed by statements, identity and other documents. Each entry describes the document, its date and what it shows.

The index serves two purposes. It lets the Tribunal find the evidence quickly. It also forces discipline on the applicant's side. Documents that do not answer any finding should usually be left out. Duplicates should be removed. Translations should be attached to the documents they translate.

A good evidence index might include entries such as these:

• Joint lease, signed by both partners, dated over the review period. Relevant to the nature of the household.
• Joint account statements showing shared bills. Relevant to the financial aspects.
• Updated relationship statement of the applicant and sponsor. Relevant to all four aspects and to the explanation of inconsistencies.
• Form 888 supporting statements from people who know the couple. Relevant to the social aspects.
• Travel records and photographs over time. Relevant to the history and continuity of the relationship.

Our partner visa document checklist and the evidence checklist for a Subclass 820 partner visa list the categories of document that usually appear.

4. Answering each refusal finding, point by point

The core of a partner visa appeal submission is a point-by-point answer to every finding the delegate made against the applicant. Each finding is quoted or summarised, and then answered with the evidence that responds to it. Nothing is left unanswered.

Consider a generic refusal that makes four findings: the couple did not provide evidence of joint finances; the couple gave different dates for when they started living together; few people appeared to know them as a couple; and the delegate was not satisfied of their long-term commitment. A strong partner visa appeal submission would take each finding in turn:

• Joint finances. The submission would identify the joint account opened after the refusal, the bills paid from it, and the earlier informal arrangements described in the relationship statement, with the index numbers of each document.
• Different dates for living together. The submission would explain how the discrepancy arose, point to the documents that fix the correct date, and refer to the paragraph of the relationship statement in which the couple explain it.
• Social recognition. The submission would point to the Form 888 supporting statements and to evidence of family and social events attended together.
• Commitment. The submission would point to evidence of future plans, of support during illness or hardship, and of the length and continuity of the relationship.

A partner visa appeal submission that leaves even one finding unanswered gives the Tribunal a reason to affirm. Where a refusal involves several criteria, every one must be addressed. A relationship argument cannot save a refusal that also rests on an unresolved police certificate.

5. Dealing with inconsistencies and adverse information honestly

A partner visa appeal submission must deal with inconsistencies and adverse information openly rather than hoping the Tribunal will not notice them. The Tribunal will read the whole file. If the delegate found that the couple gave different answers at interview, or that the forms contain a different address, the Tribunal will see it.

The honest approach is to identify each inconsistency, explain how it arose, and point to evidence that supports the explanation. Common innocent explanations include translation problems, confusion between the date of meeting and the date a relationship became exclusive, errors made by a previous adviser, and the ordinary difficulty of recalling dates years later. An explanation must be true, and it must come from the couple. A lawyer cannot supply facts the couple did not give.

Adverse information is information that would be a reason, or part of the reason, for affirming the refusal. Examples include a report that the couple were not living together, information about a previous relationship, or a concern under public interest criterion 4020 that false or misleading information was given. Where the Tribunal relies on such information, it is generally required to give the applicant particulars and invite comment. A partner visa appeal submission, or a separate response, should answer that invitation within the time allowed. Our article on responding to a section 57 natural justice letter explains how the same issues arise before the Department, and our guide to responding to a section 56 request for more information explains requests made during processing.

Never conceal a problem in a partner visa appeal submission. A submission that is shown to be misleading damages the applicant's credibility on every other issue, and may itself raise public interest criterion 4020. The Form 80 is a frequent source of inconsistency; our Form 80 guide explains why accuracy there matters.

6. Relevant Tribunal decisions

A partner visa appeal submission may refer to published Tribunal decisions to show how the Tribunal has approached similar facts. Tribunal decisions are not binding in the way court decisions are, and every case turns on its own facts. However, decisions of the former Administrative Appeals Tribunal remain useful, and they help a member see that a particular approach is consistent with how the Tribunal has dealt with comparable evidence.

Decisions should be used sparingly and accurately. A long list of cases with no connection to the facts adds nothing. One or two decisions that address the same issue, such as an inconsistency about dates or a relationship with a short timeline before lodgement, are more useful. The submission should describe each decision accurately and should never overstate what it decided.

7. The orders sought

A partner visa appeal submission should end by stating the orders the applicant asks the Tribunal to make. Under section 349(2) of the Migration Act, the Tribunal may affirm the decision, vary it, set it aside and substitute a new decision, or set it aside and remit the matter to the Department for reconsideration. Under regulation 4.15(1) of the Migration Regulations, a remittal can come with a direction that a specified criterion is taken to be satisfied.

In most partner visa reviews, the order sought is that the Tribunal set aside the refusal and remit the application to the Department with a direction that the applicant meets the relevant criterion, for example the requirement that the applicant is the spouse or de facto partner of the sponsor. On remittal, the Department is bound by the Tribunal's finding on that criterion and assesses the remaining criteria, such as health, character and police checks.

For a Subclass 300 refusal, a special rule applies. If the couple marry after the refusal and before the review is finally determined, and they notify the Tribunal, the application is taken also to be a partner visa application on remittal under regulation 4.15(4). A partner visa appeal submission for a Subclass 300 matter should say whether the couple have married and attach the evidence.

A partner visa appeal submission for non-relationship refusals

A partner visa appeal submission for a non-relationship refusal focuses on the legal criterion in issue and on the documents or circumstances that now satisfy it. Not every partner visa is refused because the delegate doubted the relationship. Many are refused on technical criteria, and the submission must be shaped accordingly.

Schedule 3

Onshore applicants who did not hold a substantive visa when they applied must usually meet Schedule 3 criteria, such as criterion 3001, 3003 or 3004, unless there are compelling reasons for not applying those criteria. A partner visa appeal submission in a Schedule 3 case sets out the criteria, the facts relevant to compelling reasons, and the evidence that supports them. Our guides to Schedule 3 criteria when applying while unlawful and to the Schedule 3 partner visa waiver explain these criteria, and the firm's Schedule 3 waiver page explains how it acts in these matters.

Sponsorship limitation

A sponsor who has previously sponsored a partner, or who was previously sponsored as a partner, may face a sponsorship limitation that can be waived only in compelling circumstances. A partner visa appeal submission in this kind of case concentrates on the sponsor's circumstances and the evidence of them. The firm's sponsorship limitations page and our article on when a sponsor cannot sponsor a partner visa explain the rules.

Public interest criteria, health and police checks

Refusals under public interest criterion 4020 require a submission that addresses whether information was false or misleading, whether it was relevant, and any waiver grounds. Refusals based on missing police certificates or health examinations are often resolved by providing the missing documents at review. A partner visa appeal submission in those cases can be short, provided it identifies the criterion and the document that now satisfies it.

Relationship breakdown and family violence

Where the relationship has ended, the case may depend on the family violence provisions or other special provisions rather than on the genuineness of a current relationship. A partner visa appeal submission must then address a different legal framework and different evidence. The firm's family violence partner visa page and our article on what happens to a Subclass 820 application if the relationship breaks down explain those provisions.

Common myths about a partner visa appeal submission

Several widely held beliefs about the partner visa appeal submission are wrong, and acting on them can damage a review.

"The submission is where we tell our love story"

This is wrong. The love story belongs in the couple's relationship statement, which is their evidence. A partner visa appeal submission is legal argument. It refers to the statement, but it does not replace it, and it should not be written in the emotional language of a personal letter.

"The longer the submission, the stronger the case"

This is wrong. Length is not strength. A partner visa appeal submission that runs to many pages of repetition makes it harder for the member to find the real answer to each finding. A focused submission that answers every finding with precise references is more persuasive than a long one.

"If the lawyer writes a good submission, we do not need to prepare for the hearing"

This is wrong. The Tribunal decides facts on evidence, and much of that evidence is given orally at the hearing. A partner visa appeal submission sets the agenda, but the couple must still give consistent, credible evidence when questioned. The submission and the oral evidence must match.

"We only need to answer the main reason for refusal"

This is wrong. Every criterion found not met must be addressed. A partner visa appeal submission that wins the relationship argument but ignores a Schedule 3 or police certificate issue can still fail.

"Once the submission is in, nothing else can be added"

This is not entirely right. Further evidence can usually be given before the hearing, and the Tribunal may allow post-hearing material if it gives permission. However, any date the Tribunal sets must be met, and late material is not usually taken into account without permission.

"The Department will argue against us at the hearing"

This is usually wrong. The Minister is a non-participating party in a review of a migration decision under section 348A of the Migration Act, and the Department generally does not appear. The Tribunal member asks the questions. The partner visa appeal submission is therefore written for the member, who must be persuaded by the evidence and the law.

Common mistakes in a partner visa appeal submission

The most common mistakes in a partner visa appeal submission are emotional letters in place of argument, ignoring a refusal reason, creating new inconsistencies, burying the key evidence and filing a submission that is far too long. Each of these mistakes is avoidable.

• Emotional letters instead of argument. A heartfelt letter from the couple may be sincere, but it does not explain the law or link the evidence to the findings. Personal feelings belong in the relationship statement, expressed truthfully and in the couple's own words. The partner visa appeal submission must do the legal work.
• Ignoring a refusal reason. Every finding against the applicant needs an answer. A submission that responds to the relationship finding but ignores a finding about credibility, an earlier visa, Schedule 3 or a missing document leaves the Tribunal with a reason to affirm.
• New inconsistencies. A new statement or submission that contradicts the original forms, without an honest explanation, can turn a weak refusal into a strong one. Every date, address and event in the partner visa appeal submission must be checked against the forms, the earlier statements and the documents.
• Burying the key evidence. If the strongest document is on page 300 of an unindexed bundle, the member may never give it the weight it deserves. The submission must point directly to it.
• Over-long submissions. A submission that repeats itself, quotes legislation at length or argues points that are not in dispute hides the real argument. Concise is persuasive.
• Overstating the evidence. Describing a single photograph as "extensive evidence of a shared social life" damages credibility. A partner visa appeal submission should describe the evidence accurately.
• Misusing Tribunal decisions. Citing decisions that have nothing to do with the facts, or describing them inaccurately, weakens the submission.
• Missing the Tribunal's dates. A submission received after the date the Tribunal set may not be considered.
• Not updating the evidence. The Tribunal decides on the circumstances at the time of its decision. A partner visa appeal submission that relies only on evidence from the original application leaves out the months or years since then. Changes in circumstances should also be disclosed; our article on Form 1022 and changes of circumstances explains the Department's equivalent obligation.

Couples who prepared the original application themselves often see the original evidence differently once a refusal arrives. Our article on hiring an immigration lawyer after lodging your own visa application explains how a lawyer can take over at review, and our guide to getting a second opinion from an immigration lawyer explains what a review of an existing file involves.

What a partner visa appeal submission looks like in practice

A partner visa appeal submission in practice is a document of numbered paragraphs, usually between a few pages and a few dozen pages depending on the issues, accompanied by an indexed bundle of evidence. The length is driven by the number of findings to be answered, not by a target.

A typical outline is:

• Introduction. The applicant, the sponsor, the visa subclass, the date of the decision and the orders sought, in a few lines.
• Background. A short chronology of the relationship and the application, drawn from the evidence, with references.
• Issues. The criteria in issue, and the criteria not in dispute.
• Law. Section 5F or section 5CB, regulation 1.15A or regulation 1.09A, and any other relevant provisions, such as Schedule 3 or the sponsorship limitation rules.
• The four aspects. The financial aspects, the nature of the household, the social aspects and the nature of the commitment, each with references to the evidence index.
• Response to the delegate's findings. Each finding answered in turn.
• Credibility and inconsistencies. Each apparent inconsistency identified and explained, with supporting evidence.
• Other criteria. Any non-relationship criteria in issue.
• Conclusion and orders sought. Set aside and remit with a direction under regulation 4.15(1).

The firm also considers whether a short supplementary partner visa appeal submission is needed closer to the hearing, for example to address documents received under section 362A or new evidence obtained since the main submission was lodged.

How the submission and the hearing work together

The partner visa appeal submission and the hearing work together. The submission identifies the issues. The hearing tests the evidence on those issues. The member will often question the applicant and sponsor about the points the submission raises, and may question them separately to see whether their accounts match.

If the applicant does not attend a hearing to which they were properly invited, the Tribunal may dismiss the application under section 99 of the Administrative Review Tribunal Act 2024. An application for reinstatement must be made within 28 days after notice of the dismissal under section 368C of the Migration Act. A strong partner visa appeal submission cannot substitute for attendance.

After the hearing, the Tribunal must give its decision with written reasons and notify the applicant within 14 days of the decision under section 368A. If the review is unsuccessful, the Minister has a personal, non-compellable power under section 351 of the Migration Act to substitute a more favourable decision in the public interest, and review by a court on a question of legal error also exists. Neither is a rehearing of the evidence. That is why the partner visa appeal submission put to the Tribunal matters so much.

What Tribunal decisions show about submissions and evidence at review

Published Tribunal decisions show that partner visa refusals are remitted where the Tribunal has evidence and submissions before it that answer the reason for refusal. The decisions below were remitted by the former Administrative Appeals Tribunal or by the ART, meaning the Tribunal set aside the refusal and sent the matter back to the Department. They are described only by what the published headnote records. Each case turns on its own facts, and none predicts the result of another review.

Extensive evidence and submissions at review

• Vu (Migration) [2023] AATA 2881. A Subclass 820 matter in which the headnote records that limited documentary evidence was provided to the Department, and extensive documentary evidence and submissions were provided to the Tribunal.
• Koppens (Migration) [2023] AATA 904. A Subclass 820 matter involving a quick timeline from the start of the relationship to the application, in which the headnote records that extensive current evidence and submissions were provided to the Tribunal.
• Le (Migration) [2024] AATA 951. A Subclass 309 matter in which the headnote records the financial, household and social aspects of the relationship, the nature of the commitment, and evidence and significant submissions.
• Nguyen (Migration) [2024] AATA 898. A Subclass 820 matter in which the headnote records a valid marriage, the four aspects of the relationship, and information, evidence, submissions and supporting statements.

Filling gaps left in the original application

• ZHANG (Migration) [2025] ARTA 2853. A Subclass 309 matter in which the headnote records that no documentation or submissions were provided with the application, together with a valid marriage and the four aspects of the relationship.
• Bobadilla (Migration) [2022] AATA 232. A Subclass 820 matter in which the headnote records that there was no response to the Department's request for further information.
• 1911412 (Migration) [2024] AATA 961. A Subclass 820 matter in which the headnote records multiple supportive statements, delayed submission of evidence, and a delayed wedding and cohabitation.
• Bai (Migration) [2023] AATA 1911. A Subclass 820 matter in which the headnote records the four aspects of the relationship, extensive documentary evidence provided, and the length of the relationship.

Inconsistencies and adverse information

• 1620095 (Migration) [2019] AATA 400. A Subclass 309 matter in which the headnote records false information and inconsistent information submitted, that the Tribunal was satisfied of the visa applicant's identity, and a genuine and continuing relationship.
• Ahmed (Migration) [2023] AATA 3761. A Subclass 309 matter in which the headnote records a valid marriage, the pooling of finances while living in different countries, and adverse and inconsistent information about previous relationships.
• Nguyen (Migration) [2018] AATA 5304. A Subclass 820 matter in which the headnote records inconsistencies between the applicant and sponsor at the hearing and a 19-year age difference.

The common thread is that the Tribunal had something before it that answered the refusal: evidence, organised and explained. That is the job of a partner visa appeal submission. It does not replace evidence. It makes sure the Tribunal sees the evidence and understands why it meets the law.

Can you write your own partner visa appeal submission?

Yes. An applicant can write and lodge their own partner visa appeal submission, and there is no rule that a lawyer must prepare it. The question is whether a self-prepared submission will do the legal work the review requires.

Applicants who write their own submission often produce a personal letter rather than legal argument, miss a criterion, or create new inconsistencies. They may not have the Department's file, may not know which findings are legally decisive, and may not know how to describe the four aspects against the statutory test. Where the refusal involves credibility, PIC 4020, Schedule 3, sponsorship limitation or family violence, the risk is higher.

A lawyer brings three things to a partner visa appeal submission: knowledge of the law the Tribunal applies, experience of how members read and test evidence, and an outside view of the file that the couple cannot easily have. Our articles on what a visa appeal lawyer does, on partner visa lawyer help versus doing it yourself and on when you need an immigration lawyer for a partner visa explain where professional help adds value. Our factual comparison of a partner visa migration agent or lawyer explains how the two professions are regulated. If you already have a representative and wish to change, our guide to changing your immigration lawyer and our explanation of Form 956 and Form 956A set out the steps.

How My Migration Lawyers drafts partner visa appeal submissions

My Migration Lawyers drafts each partner visa appeal submission from the decision record outwards, so that every finding the delegate made is answered with the law and with the couple's own evidence. The firm deals with complex partner visa refusals, including credibility findings, inconsistencies, adverse information, public interest criterion 4020, Schedule 3, sponsorship limitation and family violence. 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 prepares a partner visa appeal submission, the work follows clear steps:

• Deadline and validity first. We confirm the date of notification, calculate the 28-day deadline, confirm who must apply and whether the applicant must be in Australia, and make sure the review application and fee are lodged so the review is properly made. No submission is drafted before the review is secure.
• Decision analysis. We break the decision record into each criterion found not met, each finding of fact and each piece of evidence relied on. We identify the criteria not in dispute and those likely to arise on remittal.
• The Department's file. We request the documents the Department gave the Tribunal under section 362A, and we compare them with the couple's records so the submission answers what is actually on the file.
• The couple's evidence. We review the couple's relationship statement against the decision, the forms and the documents, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account. We check Form 888 supporting statements for first-hand detail and consistency.
• Evidence index. We select the documents that answer each finding, remove duplicates, and build an indexed bundle organised around the four aspects and the other criteria in issue.
• The submission itself. We draft the partner visa appeal submission: the decision and criteria in issue, the legal test under section 5F or section 5CB and the four aspects, a point-by-point answer to every finding with references to the index, an honest treatment of inconsistencies and adverse information, relevant Tribunal decisions used accurately, and the orders sought under section 349(2) and regulation 4.15(1).
• Lodgement on time. We lodge the submission and evidence before the hearing, by any date the Tribunal sets, and early enough for the member to read it.
• Hearing. We prepare the applicant and sponsor for oral evidence consistent with the submission, respond to any adverse information the Tribunal raises, appear with them at the hearing, and ask for leave to provide a post-hearing submission where a point needs it.
• After the decision. If the matter is remitted, we manage the file back at the Department while 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 and its visa refusal appeal lawyers page, and read about its partner visa lawyer work in Australia. Our complete guide to partner visas in Australia covers every subclass, our comparison of Subclass 820 and Subclass 801 explains the two onshore stages, and our article on applying for a partner visa after a visa refusal explains the options outside review. Same-sex couples can read the firm's LGBTI partner visa page. Our article on booking an immigration lawyer consultation explains what happens in a first meeting.

My Migration Lawyers acts for refused partner visa clients across Australia by video consultation. This includes clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, 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 make sure the review is lodged properly and on time, that the partner visa appeal submission answers every refusal reason with the law and the evidence, and that the Tribunal sees a clear, honest and consistent case.

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