Partner Visa Appeal Tips

These partner visa appeal tips are written for couples whose partner visa has just been refused and who can still apply to the Administrative Review Tribunal (ART). Preparation should start on the day the refusal arrives. Good partner visa appeal tips are not tricks. They are practical steps that protect the deadline, protect the applicant's lawful status, and help the Tribunal see the relationship and the evidence clearly.

This guide sets out 36 partner visa appeal tips, grouped by stage: before you lodge, while you read the refusal, while you wait, while you prepare evidence, on the hearing day, and after the hearing. Each tip is explained in full, with the law that sits behind it. The tips apply to refusals of the Subclass 820 and Subclass 801 onshore partner visa, the Subclass 309 and Subclass 100 offshore partner visa, and the Subclass 300 prospective marriage visa, with the differences noted where they matter.

If your refusal is very recent, read our guide to partner visa refusal appeal options and next steps and check your deadline today. My Migration Lawyers acts as partner visa refusal lawyers for ART reviews across Australia, and the general visa refusal appeal lawyers page explains the wider review service. Nothing in these partner visa appeal tips is a promise of an outcome. No lawyer can promise the result of a Tribunal review.

What are the most important partner visa appeal tips?

The most important partner visa appeal tips are to lodge the review and pay the fee within 28 days of notification, to keep the applicant's bridging visa and lawful status intact, to answer every refusal reason with evidence, and to prepare both partners to give honest and consistent evidence at the hearing. Every other tip in this guide supports one of those four goals.

The reason is simple. The Tribunal does not just check whether the Department made an error. Under section 54 of the Administrative Review Tribunal Act 2024, it "stands in the shoes" of the delegate and decides the application again. It can consider evidence that the delegate never saw, including new documents, new witnesses and changes in the couple's circumstances since the refusal. That makes preparation the deciding factor in most partner visa reviews.

The ART replaced the former Administrative Appeals Tribunal on 14 October 2024. Earlier Tribunal decisions on partner visas are still useful guides to how the Tribunal approaches evidence. Our article on what to expect in an ART review after a visa refusal explains the general process, and the complete guide to partner visas in Australia explains the criteria each partner visa subclass must meet.

The Tribunal has several options when it decides a partner visa review. It can affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the application to the Department with a direction that a specified criterion is taken to be satisfied (section 349(2) of the Migration Act and regulation 4.15(1) of the Migration Regulations). Remittal is the usual favourable result in a relationship case. The partner visa appeal tips below are aimed at giving the Tribunal every lawful reason to reach that result.

Partner visa appeal tips before you lodge the review

The first group of partner visa appeal tips protects the review itself. A review lodged late, by the wrong person, from the wrong place or without the fee is not properly made, and the Tribunal has no power to hear it. These tips matter more than any argument about the relationship.

Tip 1: Diarise the 28-day deadline from the day of notification

The review application must be made within 28 days after the day the applicant is notified of the refusal, under section 347(3) of the Migration Act. If the applicant is in immigration detention on the day of notification, the limit is 7 days. The Tribunal cannot extend either time limit. A late application is not properly made, and the Tribunal has no jurisdiction to consider it.

Write the last day in your calendar, on both partners' phones and on paper. Every other item in these partner visa appeal tips depends on this one. Do not rely on memory. Of all the partner visa appeal tips in this guide, this one has the hardest consequence if it is ignored.

Tip 2: Work out the date of notification correctly

The 28 days do not always start on the date printed on the refusal letter. Section 494C of the Migration Act sets the day a person is taken to have received a decision:

• By email. The decision is taken to be received at the end of the day it is transmitted.
• By post. If the letter is posted within 3 working days of its date, it is taken to be received 7 working days after the date of the letter.
• In person. The decision is received immediately.

The 28 days then run from the day after notification. Consider a couple whose refusal is emailed on 3 March. The applicant is taken to have received it at the end of 3 March. The first of the 28 days is 4 March, so the last day to apply is 31 March. If there is any doubt, treat the earliest possible date as the deadline. Careful counting is one of the simplest partner visa appeal tips, and one of the most important.

Tip 3: Confirm who must lodge the review

The correct person must apply, and it is not always the visa applicant. Under section 347A and section 338 of the Migration Act, and regulation 4.02 of the Migration Regulations:

• Subclass 820 and Subclass 801 refusals. The visa applicant applies, and must be physically present in Australia when the review application is made.
• Subclass 309 refusals. The visa applicant applies. The Australian partner usually instructs the lawyer, supports the review and gives evidence.
• Subclass 300 refusals. The Australian sponsor applies.
• Subclass 100 refusals made while the applicant is outside Australia. There is no ART review right for this decision.

The Subclass 820 partner visa service page, the Subclass 309 partner visa service page and the Subclass 300 prospective marriage visa page explain each visa in more detail.

Tip 4: Pay the fee inside the same 28 days

The review is not properly made unless the Tribunal's application fee is paid within the 28-day period, or a request for a reduced fee is lodged within that period with at least 50% of the fee paid. The fee is substantial and increases each 1 July. Do not lodge the form and plan to pay later. Many partner visa appeal tips focus on evidence, but an unpaid fee ends the review before any evidence is read. If the fee is not paid in time, the application fails, even if the form itself was lodged on day one.

If family members were refused together, a combined application for review is possible and only one fee is payable (regulations 4.12 and 4.13(3)).

Tip 5: Attach the refusal notice and lodge by an accepted method

The application must include a copy of the decision notice if the applicant has it (section 347(2) and regulation 4.12A). Applications can be made through the ART online form, by paper form, or by letter, as set out in the Tribunal's Migration, Protection and Character Practice Direction. Keep the lodgement receipt and the fee receipt together with the refusal letter. Good record keeping runs through all of these partner visa appeal tips.

Tip 6: Keep the bridging visa valid and do not travel without advice

Lodging the review in time is what keeps an onshore applicant lawful. A Bridging visa A granted with a partner visa application on or after 19 November 2016 ceases 35 days after the refusal if no review is lodged. If a review is lodged in time, it continues, and it ceases 35 days after the Tribunal's decision, or stays in effect if the matter is remitted (Schedule 2, clause 010.511). Bridging visa B and Bridging visa C follow the same 35-day pattern.

Travel is a separate risk. A Bridging visa A does not allow re-entry, and leaving Australia can end it. Even with a Bridging visa B, travel during a review needs advice first. Our guides to Bridging visa A conditions and travel, how a Bridging visa B works and bridging visas in Australia explain the rules, and our article on work rights while waiting for a Subclass 820 visa covers work conditions.

Tip 7: Do not lodge a new visa application without advice

A refused applicant in Australia may be barred from lodging most new visa applications onshore by section 48 of the Migration Act. A rushed new application can also affect the bridging visa or the review. Get advice before lodging anything. Partner visa appeal tips about status are easy to overlook, but a mistake here can be very hard to undo. Our article on applying for a partner visa after a visa refusal explains when a further application is possible.

Tip 8: Appoint your representative and keep contact details current

If a lawyer acts for you, they should be appointed with the Tribunal so that notices reach them as well as you. Our guide to Form 956 and Form 956A explains how representatives are appointed with the Department. Give the Tribunal a current email, phone number and address, and update them if anything changes. The hearing invitation is sent to the contact details on file. A missed email can lead to a missed hearing, which is one of the partner visa appeal tips covered in detail later in this guide.

Partner visa appeal tips for reading the refusal decision

The second group of partner visa appeal tips is about the refusal decision itself. The decision record tells you exactly what the Tribunal will need to be satisfied of. Couples who read it carefully prepare a focused review. Couples who skim it often answer the wrong question.

Tip 9: Read every refusal reason, not just the first one

A refusal can rest on more than one criterion. The delegate may find that the relationship is not genuine and also that a police certificate is missing, or that Schedule 3 is not met. Each unmet criterion is a separate reason the visa cannot be granted. If the review answers only the main reason, the Tribunal may still affirm the refusal on another. Our articles on why partner visas get refused and the common reasons Subclass 820 visas are refused explain the usual grounds.

Tip 10: Identify the exact criterion and the law behind it

Write down, for each refusal reason, the criterion the delegate relied on. For relationship refusals, the law is section 5F of the Migration Act for spouses and section 5CB for de facto partners. The delegate must consider the factors in regulation 1.15A(3) for spouses or regulation 1.09A(3) for de facto partners. Those factors are grouped into four aspects of the relationship: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. The test is whether the couple has a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, and whether the relationship is genuine and continuing.

Other common criteria include public interest criterion 4020 (false or misleading information or bogus documents), public interest criterion 4004 (debts to the Commonwealth), Schedule 3 criteria 3001, 3003 and 3004 for applicants who did not hold a substantive visa when they applied, the 12-month de facto requirement, and sponsorship limitations. Our guides to the 12-month de facto requirement for a Subclass 820 visa, the de facto partner visa and its exceptions and when a sponsor cannot sponsor a partner visa explain those criteria.

Tip 11: Separate relationship reasons from document reasons

Some refusals are about the relationship. Others are about a missing document or a time-based bar. The second type is often fixed by providing the missing material to the Tribunal: a health examination, a current police certificate, or evidence that a sponsorship limitation period has now passed. Sort the refusal reasons into these two groups early, because they need very different preparation. One of the most practical partner visa appeal tips is to fix the document reasons first, so the hearing can focus on the relationship.

Tip 12: Note what the delegate accepted, as well as what was rejected

The decision record often says what the delegate did accept, such as the validity of the marriage, the period of cohabitation or the sponsor's eligibility. Those findings do not bind the Tribunal, but they show where the real dispute lies. Do not spend effort re-proving facts nobody doubts. Spend it on the gaps the delegate identified. Staying focused on the real dispute is one of the most underrated partner visa appeal tips.

Tip 13: Check whether the delegate relied on adverse information

Many relationship refusals rely on information from outside the application: an earlier visa application, an earlier sponsorship, a Centrelink record, a tip-off, or a statement made at an interview. If the refusal followed a section 57 letter, the review must answer the same information again. Our guide to the section 57 natural justice letter for a partner visa and our article on responding to a section 56 request for more information explain how adverse information is put and answered.

Tip 14: Get advice on the decision before you plan the evidence

A lawyer reading the decision record will usually see which criterion is the real problem, which documents will resolve it, and which risks the couple has not noticed. Our guides to when you need a visa appeal lawyer and getting a second opinion from an immigration lawyer explain what that review involves, and our article on urgent immigration lawyer advice sets out what to have ready when the deadline is close. These partner visa appeal tips work most effectively when the evidence plan is built around the actual decision.

Partner visa appeal tips while you wait for the hearing

The waiting period is not dead time. Partner visa reviews can take many months before a hearing is listed. The partner visa appeal tips in this group use that time to strengthen the review, keep the applicant compliant, and avoid surprises when the hearing invitation arrives.

Tip 15: Request the Department's documents early under section 362A

Under section 362A of the Migration Act, the applicant may ask for access to the written material the Department gave the Tribunal for the review. The request can be made at any time after the review is lodged and before the Tribunal gives its decision, and the Department must provide access, subject to the non-disclosure provisions in sections 375A and 376 and the Privacy Act 1988. The Tribunal's practice direction says the request should be made as soon as practicable, and the Tribunal will not treat a late request, by itself, as an adequate reason to adjourn a hearing.

The Department's file shows exactly what the delegate saw, including interview notes, earlier applications and any third-party information. Many couples discover inconsistencies in their own earlier forms only when they read this file. Of all the partner visa appeal tips about preparation, this is one of the most overlooked.

Tip 16: Keep living the relationship and keep the evidence

The Tribunal decides the review on the evidence at the time of its decision. A relationship that has continued, deepened and become more financially and socially joined since the refusal is relevant evidence. Keep bank statements, bills, leases, travel records, messages and photographs as they happen. Partner visa appeal tips about evidence work only if the evidence is kept as life goes on. Our guides to proving a partner visa relationship is genuine and preparing evidence of a genuine relationship set out the types of evidence that carry weight.

Tip 17: Keep health and character checks current

If the Tribunal remits the application, the Department still has to assess the remaining criteria, such as health and character. An expired police certificate or an out-of-date health examination can delay the grant after a favourable review. Where the refusal itself was about a missing health examination or police certificate, provide the current document to the Tribunal.

Tip 18: Tell the Tribunal about any change in circumstances

If the couple marries, has a child, moves house, or the relationship changes in any way, the Tribunal should be told. For Subclass 300 refusals there is a special rule. If the couple marries after the refusal and before the review is finally determined, and notifies the Tribunal, the review application is taken to also be a partner visa application if the matter is remitted (regulation 4.15(4)). That rule can change the whole review, so it needs advice before the wedding date is set. Our guide to Form 1022 change of circumstances explains how changes are reported to the Department.

If the relationship has ended, or there has been family violence, different provisions may apply. Our pages on family violence partner visa matters and what happens to a Subclass 820 application if the relationship breaks down explain those situations.

Tip 19: Respond to every Tribunal letter by its deadline

Before the hearing, the Tribunal may write to the applicant asking for information or inviting comment on adverse information under section 359A of the Migration Act. These letters have short response periods. A missed response can mean the Tribunal decides without the applicant's comment. Open every email from the Tribunal on the day it arrives and diarise every date it sets. The deadline discipline in the earlier partner visa appeal tips applies to every Tribunal letter, not only the review application.

Tip 20: Do not rely on the ART to fix a Schedule 3 problem by itself

If the onshore applicant did not hold a substantive visa when the partner visa was lodged, Schedule 3 criteria may apply, and the Tribunal must also be satisfied that there are compelling reasons not to apply them. That is a separate question from whether the relationship is genuine. Our guides to Schedule 3 criteria for unlawful applicants, the Schedule 3 partner visa waiver and the firm's Schedule 3 waiver service explain what the evidence must show. Applicants whose earlier visa carried a no further stay condition should also read our article on applying for a Subclass 820 visa with condition 8503.

Partner visa appeal tips for preparing your evidence

The evidence group of partner visa appeal tips is where most relationship reviews are won or lost. The Tribunal needs to be satisfied, on the whole of the evidence, that the relationship meets the legal test. Quality, consistency and honesty matter far more than volume.

Tip 21: Build one consistent relationship timeline

Before anyone writes a new statement, prepare a single timeline of the relationship: when and how the couple met, the first meeting in person, when they started living together, engagement, marriage, periods apart and the reasons, trips, moves, and key family events. Check it against every earlier document: the application forms, the Form 80, the relationship statement, any interview notes and any earlier visa applications. Our guide to completing Form 80 without errors explains why small inconsistencies in personal particulars matter.

Where the earlier documents contain an error, the timeline is where you find it, so it can be corrected honestly rather than discovered by the Tribunal. Many partner visa appeal tips come back to this one document.

Tip 22: Each partner reviews their own statement for accuracy

A partner visa has one relationship statement from the couple. Each partner must read it carefully and confirm that every fact in it is true and in their own words. The statement is the couple's own evidence. A lawyer reviews it against the forms and the documents and points out gaps and inconsistencies, and the couple corrects and confirms their own account. A statement that a partner has not read carefully is a credibility risk at the hearing, because the Tribunal member may ask about any line in it. Our guide to writing a partner visa relationship statement explains what it should cover.

Tip 23: Address the four aspects of the relationship directly

The Tribunal assesses the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. These are aspects of one relationship, not separate statements. Organise the evidence so that the Tribunal can see each aspect clearly. Joint finances and shared expenses go to the financial aspects. A shared home and the division of household tasks go to the household. Joint invitations, friends and family who know the couple go to the social aspects. Knowledge of each other, long-term plans and time together go to the commitment. Our partner visa document checklist and Subclass 820 evidence checklist show what evidence usually fits under each aspect.

Tip 24: Use Form 888 supporting statements from people who really know you

Form 888 supporting statements come from Australian citizens or permanent residents who know the couple. They are supporting statements from other people, not the couple's own statement. The most useful Form 888 statements describe specific things the witness has seen over time: visits to the couple's home, holidays, family events and how the couple treat each other. Generic statements that say only "they are a genuine couple" carry little weight. Our guides to who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain the detail.

Tip 25: Prepare witnesses, but never script them

Witnesses who give oral evidence should know the date and time of the hearing, how they will be contacted, and that they will be asked about what they personally know. They should re-read their own Form 888 statement. They must not be given answers to memorise, and they must not be told what the couple has said. A scripted witness is easy for a Tribunal member to identify, and it damages the couple's credibility. If you want the Tribunal to take evidence from a witness, tell the Tribunal in writing within the time set in the hearing invitation, and give the witness's contact details.

Tip 26: Organise documents chronologically with an index

Put the evidence in date order within each aspect of the relationship, number every page, and prepare an index that lists each document, its date and what it shows. A Tribunal member reading a clear bundle can find the evidence that answers each refusal reason. A disorganised bundle of hundreds of unsorted screenshots makes the member's job harder and can hide the strongest documents. Provide English translations for documents in another language. Practical partner visa appeal tips about presentation cost little, and they make the evidence far easier for the Tribunal to assess.

Tip 27: Explain gaps and difficult facts honestly

Every relationship has gaps: periods apart, separate bank accounts, a short courtship, an age difference, or a cultural practice the delegate did not understand. Do not hide them. Explain each one with the real reason and supporting evidence where it exists. The Tribunal is far more likely to accept an honest explanation than to overlook a gap it has to discover for itself. Honest explanation is a theme of all the evidence partner visa appeal tips in this guide.

Tip 28: Never provide false information or altered documents

Public interest criterion 4020 allows a visa to be refused for false or misleading information or bogus documents, and it can carry a period during which further visas cannot be granted. Never alter a document, backdate a lease, or ask a witness to sign something untrue. Correcting an earlier mistake honestly is very different from adding a new false one. This is the one tip in this list of partner visa appeal tips that protects not only the review but every future application.

Partner visa appeal tips for couples who live apart

Couples who live in different countries during the review face extra practical issues. These partner visa appeal tips apply mainly to Subclass 309 and Subclass 300 reviews, and to onshore couples who are temporarily apart for work or family reasons.

The first point is who carries the review. For a Subclass 309 refusal the review application is made by the visa applicant, but the Australian partner usually instructs the lawyer, gathers most of the Australian documents and gives evidence. For a Subclass 300 refusal the Australian sponsor is the review applicant. In both cases both partners need to be involved in the preparation, because the Tribunal will want to hear from each of them.

The second point is communication evidence. When a couple lives apart, the Tribunal looks closely at how they keep the relationship going: regular contact, visits, financial support and plans to live together. Keep call logs, messaging histories and travel records in date order, and explain any long gaps in contact. A short summary of the pattern of contact, supported by samples across the whole period, is more useful than thousands of pages of messages.

The third point is visits. Every visit the couple makes to each other is evidence of commitment. Keep boarding passes, passport stamps, accommodation records and photographs with family and friends. If visits stopped for a reason outside the couple's control, such as border closures, a family illness or work, explain the reason and provide evidence of it.

The fourth point is time zones and technology. The applicant overseas may give evidence remotely, so they need a reliable connection, a quiet private room and a backup phone number. Agree in advance who will contact whom if the connection drops.

These partner visa appeal tips sit alongside the general evidence tips above. The Subclass 309 partner visa service page explains the offshore visa, and our comparison of Subclass 820 and Subclass 801 explains how the two-stage onshore process works for couples who later move to Australia.

Common myths about partner visa appeals

Several widespread beliefs lead couples to prepare the wrong way. Each myth below is wrong, and the correct position is part of these partner visa appeal tips.

"The Tribunal only looks at what the Department saw"

This is wrong. The Tribunal considers the evidence available at the time of its own decision, including new evidence that was never before the delegate. That is why new documents, new Form 888 statements and new witnesses can make a real difference.

"More documents always mean a stronger review"

This is wrong. Volume without relevance makes a bundle harder to read. The Tribunal is looking for evidence that answers the refusal reasons, and a short, well-organised bundle often works better than a large unsorted one.

"The deadline can be extended if there is a good reason"

This is wrong. The 28-day time limit, or 7 days in immigration detention, cannot be extended by the Tribunal for any reason. Couples who still have time should act now.

"The Department will argue against us at the hearing"

This is usually wrong. The Minister is a non-participating party under section 348A of the Migration Act, and the Department generally does not appear. The hearing is the applicant's opportunity to give evidence, and the Tribunal member asks the questions.

"A short relationship cannot succeed at review"

This is wrong. The length of the relationship is relevant, but the test is whether the relationship is genuine and continuing and whether the couple has a mutual commitment to a shared life to the exclusion of all others. A short relationship with consistent, detailed evidence can meet that test, provided any time-based requirement for the visa is also met.

Partner visa appeal tips for the hearing day

The hearing is where the Tribunal member forms a view of the couple's credibility. These partner visa appeal tips focus on preparation and conduct, because a well-prepared couple who gives honest, careful evidence gives the Tribunal its clearest picture of the relationship.

Tip 29: Send documents before the hearing as the Tribunal directs

The hearing invitation and the Tribunal's directions usually set a date by which documents and written submissions should be provided. Meet that date. Documents handed up for the first time at the hearing may not be read properly, and the member may need to adjourn or allow time afterwards. Send the indexed bundle, the updated statement and the Form 888 statements in the way the Tribunal asks. Partner visa appeal tips about timing are easy to follow and costly to ignore.

Tip 30: Ask the Tribunal for an interpreter in advance if you need one

If either partner or a witness is more comfortable giving evidence in another language, tell the Tribunal in advance that an interpreter is needed, and name the language and dialect. A person who speaks some English may still give clearer evidence through an interpreter, and clear evidence matters more than appearing fluent. Couples often leave this decision too late, so make it early, together with the other partner visa appeal tips for the hearing. Interpreters for the hearing are a matter for the Tribunal. My Migration Lawyers does not arrange interpreters.

Tip 31: Test the technology and find a quiet room for a remote hearing

The hearing invitation states how the hearing will be held, whether in person, by video or by telephone. If it is remote, test the device, camera, microphone and internet connection the day before. Use a quiet private room where nobody else can be heard or seen giving prompts. Have the phone charged and a backup number ready in case the video connection drops. For Subclass 309 reviews, the applicant overseas often gives evidence remotely, so the same preparation applies across time zones.

Tip 32: Bring originals and know your own documents

If the hearing is in person, bring the original identity documents, marriage certificate and any key documents the Tribunal may ask to see. Whether in person or remote, have a copy of the bundle and the index in front of you. Read your own statement and forms again the night before. The member may ask about any of them. Familiarity with your own documents is one of the quiet partner visa appeal tips that changes how confident your evidence sounds.

Tip 33: Answer the question asked, and only that question

Listen to the whole question, pause, and answer it directly. Do not give a prepared speech or jump ahead to the point you want to make. If the question is unclear, ask for it to be repeated. Short, direct answers are easier for the member to accept and record. Partners are often asked about the same topics separately, so each partner should answer from their own memory and not try to guess what the other said.

Tip 34: Say "I do not remember" rather than guess, and correct mistakes openly

If you do not remember a date or detail, say so. A guess that turns out to be wrong looks like an inconsistency. If you realise during the hearing that you gave a wrong answer, tell the member straight away and give the correct answer. If an earlier document contains an error, explain it honestly. Couples who correct themselves openly usually appear more credible than couples who never admit uncertainty. These are among the most valuable partner visa appeal tips because they apply to every question at the hearing.

Tip 35: Never miss the hearing

If the applicant does not appear at the hearing after being properly notified, the Tribunal can dismiss the application under section 99 of the Administrative Review Tribunal Act 2024. An application for reinstatement must be made within 28 days after receiving notice of the dismissal, under section 368C of the Migration Act. If no reinstatement application is made in that time, the Tribunal must confirm the dismissal. If something genuinely prevents attendance, such as illness, contact the Tribunal before the hearing and ask for an adjournment with evidence. Attending is always the safer course. No set of partner visa appeal tips can help a couple whose review has been dismissed for non-attendance.

Partner visa appeal tips after the hearing

The review is not over when the hearing ends. The final group of partner visa appeal tips covers what to do while the decision is pending and what happens next.

Tip 36: Provide any further documents by the date the Tribunal sets

The member may ask for further documents after the hearing, such as an updated police certificate, a bank statement or a witness statement, and will set a date. Meet that date exactly. The Tribunal may decide without the material if it does not arrive. Keep a copy of everything sent and the proof of sending. The final partner visa appeal tips are as much about discipline as the first ones.

What happens when the Tribunal decides?

The Tribunal must give its decision in writing with reasons, and must notify the applicant within 14 days after the decision is made (section 368A of the Migration Act). If the decision is to remit, the Department must reassess the remaining criteria and is bound by the Tribunal's finding on the criterion specified in the direction. The applicant should respond promptly to any Department requests for updated health or character checks. If the matter is remitted, the onshore applicant's bridging visa remains in effect while the Department finishes processing.

If the Tribunal affirms the refusal, the bridging visa ceases 35 days after the decision. 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. Court review for legal error also exists, but it is not a rehearing of the facts. Get advice quickly about the options, because the timeframes are short.

What Tribunal decisions show about these partner visa appeal tips

Published Tribunal decisions show how the partner visa appeal tips in this guide work in practice. The decisions below are remittals: in each one the Tribunal set aside the refusal and sent the application back to the Department. The descriptions are limited to the issues reported for each decision, and the outcome of any review depends on its own facts.

• Bateman (Migration) [2019] AATA 394. A Subclass 820 de facto relationship case in which the reported issues were a genuine de facto relationship, credible witnesses, and the point that the Tribunal had more information available to it than was available to the delegate. It illustrates why new evidence at review matters.
• FERMINO DA SILVA (Migration) [2019] AATA 2472. A Subclass 820 case where the reported issues were insufficient evidence to demonstrate the relationship and a valid marriage, with evidence from witnesses described as particularly persuasive and a finding that the couple had a mutual commitment to a shared life together. It shows the value of well-prepared witnesses.
• Phan (Migration) [2022] AATA 4601. A Subclass 300 case where the reported issues included a genuine and continuing relationship, witness statements by family and friends, an engagement event in Vietnam and extensive evidence of communication.
• Lin (Migration) [2021] AATA 4347. A Subclass 820 case where the reported issues included a civil partnership registered before applying, the parties validly marrying between applying for review and the hearing, and the nature of the commitment. It shows why changes in circumstances should be put before the Tribunal.
• Thota (Migration) [2020] AATA 4222. A Subclass 820 case where the reported issues were Schedule 3 criteria, an application lodged outside the relevant timeframe, compelling reasons for waiver, and oral evidence of the sponsor's son and daughter-in-law.
• Freeland (Migration) [2024] AATA 1083. A Subclass 820 case where the refusal concerned health requirements; evidence of the required examination was provided to the Tribunal and the decision was made without a hearing being necessary.
• Fouracres (Migration) [2024] AATA 61. A Subclass 820 case where the AFP certificate had expired before the visa was finalised; a new certificate was provided to the Tribunal and the decision was made without a hearing being necessary.
• Dang (Migration) [2024] AATA 137. A Subclass 820 case involving a sponsorship limit, where the application was made within 5 years of a previous sponsorship, the 5 years had since passed, and the decision was made without a hearing being necessary.

The last three decisions show why Tip 11 matters. Where the refusal reason is a document or a time-based bar, the right evidence provided at review can resolve it. The first five show why consistent evidence, prepared witnesses and up-to-date information about the relationship are central to these partner visa appeal tips.

How My Migration Lawyers prepares couples for partner visa appeals

My Migration Lawyers prepares refused couples for Administrative Review Tribunal reviews from the day the refusal arrives through to the Tribunal's decision. The firm deals with complex partner visa reviews, including Schedule 3 cases, public interest criterion 4020 findings, sponsorship limitations, adverse third-party information and relationships with long periods apart. The firm acts in many partner visa reviews of exactly this type and is capable of handling them. The partner visa appeal tips in this guide reflect the steps the firm takes in those matters.

Our work on a partner visa appeal follows clear steps:

• Deadline and validity. We confirm the date of notification under section 494C, the last day to apply, who must lodge the review, and where the applicant must be. We lodge the application with the decision notice and confirm the fee is paid within the 28 days.
• Status protection. We confirm the applicant's bridging visa position, and we advise on travel, work and any other application before anything is done.
• Decision analysis. We read the delegate's decision record line by line and list every criterion that was found not met, and the evidence relied on for each.
• The Department's file. We request the documents the Department gave the Tribunal under section 362A as early as possible, and we compare them with the couple's earlier forms and statements.
• Evidence plan. We identify the gaps in the evidence under the four aspects of the relationship, and we identify the documents that will resolve any non-relationship reason.
• Statements and witnesses. We review the couple's relationship statement against the forms and the evidence, point out inconsistencies, and ask the couple to correct and confirm their own account. We check Form 888 supporting statements and explain to witnesses how the hearing works, without ever scripting their evidence.
• Submissions and bundle. We prepare written submissions on the law and an indexed, chronological bundle, and we send them to the Tribunal by the date it sets.
• Hearing preparation. We explain how the hearing runs, the questions the member is likely to ask, how separate questioning works, and why honest answers matter more than perfect ones. We attend the hearing with the couple.
• After the hearing. We provide any further material by the date set, and we advise on the next steps once the decision is received.

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 read our guides to working with a partner visa lawyer in Australia, when you need an immigration lawyer for a partner visa, partner visa lawyer help compared with doing it yourself, the roles of a migration agent or lawyer on a partner visa and how to choose a partner visa lawyer in Australia. If you lodged the review yourself and now want help, our article on hiring an immigration lawyer after lodgement explains how that works, and our guide to booking an immigration lawyer consultation explains what to bring.

My Migration Lawyers acts for refused couples across Australia by video consultation, including 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. Same-sex couples can also read about the firm's LGBTI partner visa work.

Every partner visa review is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure the review is lodged correctly and on time, that every refusal reason is answered with evidence, and that both partners understand how to give their evidence at the hearing. If you are looking for partner visa appeal tips because your deadline is running now, the most useful step is to have the decision reviewed while there is still time to prepare.

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