Partner Visa ART Appeal Lawyer: What the Lawyer Does

What does a partner visa appeal lawyer do at the ART?

A partner visa appeal lawyer represents a person whose partner visa has been refused in a merits review at the Administrative Review Tribunal (ART). The work covers lodging the review application within the deadline, obtaining and reading the Tribunal file, deciding what new evidence is needed, writing submissions, preparing the applicant, the sponsor and witnesses, appearing at the hearing, and acting on the decision, including a remittal back to the Department of Home Affairs.

This article explains each of those steps in the order they happen. It is written for couples who have received a partner visa refusal and are still within time to apply for review, and for people who have already lodged a review and now want a partner visa appeal lawyer to take over before the hearing. It is not a general guide to partner visa law. That is covered in the complete guide to partner visas in Australia. It is also not a guide to the first days after a refusal. Those first decisions are covered in the guide to partner visa refusal appeal options and on our Partner Visa Refusals page.

My Migration Lawyers acts as partner visa appeal lawyer for applicants and sponsors in reviews of Subclass 820/801, Subclass 309/100 and Subclass 300 refusals. The firm's partner visa lawyers handle the review from the day the refusal letter arrives to the day the Tribunal decides. The sections below describe what that work involves, so that a couple can judge whether they need a partner visa appeal lawyer and what they should expect from one.

Merits review, not an appeal in the court sense

Strictly, an application to the ART is an application for merits review, not an appeal. Most people still search for a partner visa appeal lawyer, and the term is used in this article for that reason. The difference matters. In merits review the Tribunal takes a fresh look at the facts, the law and the policy, and decides the correct or preferable decision. It can consider information that was not before the Department. A court on judicial review does not do that. A court looks only for legal error.

Because the ART looks at the case afresh, a partner visa appeal lawyer is not limited to criticising the delegate's reasons. The lawyer can put new evidence before the Tribunal, address weaknesses the delegate identified, and present the relationship as it stands at the time of the review. The Department's Procedural Instruction on merits review states that the ART essentially "stands in the shoes" of the delegate when making its decision. That is the opportunity the review gives, and it is why preparation matters more than argument. The general article on ART review and what to expect after a visa refusal explains the Tribunal itself. This article focuses on what the partner visa appeal lawyer does inside that process.

The ART replaced the AAT

The ART commenced on 14 October 2024 and replaced the Administrative Appeals Tribunal (AAT). Older decisions in this article were made by the AAT, and the case citations end in "AATA". Newer decisions end in "ARTA". The core idea of merits review for partner visas did not change. The procedures, forms and practice directions did. The lawyer works under the current ART rules and practice directions, and does not rely on old AAT habits.

When does the partner visa appeal lawyer's work start?

The partner visa appeal lawyer's work starts on the day the refusal is notified, because the application for review must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the person is in immigration detention. That rule is in subsection 347(3) of the Migration Act 1958. The time limit cannot be extended. An application made after the deadline is not properly made, and the ART has no jurisdiction to consider it.

The first task is therefore not legal argument. It is working out the exact date of notification from the refusal letter and the method by which it was sent, then setting the last day for lodging. A partner visa appeal lawyer counts the days from the notification date, not from the date the couple happened to open the email. If there is any doubt about the date, the lawyer lodges early rather than relying on a later date. Couples who are close to the deadline should read our guide to urgent immigration lawyer advice and contact the firm straight away.

Who applies for review of a partner visa refusal

The person who must apply depends on the type of refusal. The lawyer confirms this from the refusal letter before anything is lodged.

• Onshore refusal of a Subclass 820/801 application: the applicant applies for review, and must be physically present in Australia when the review application is made. The Subclass 820 onshore partner visa page explains this pathway.
• Offshore refusal of a Subclass 309/100 application: where the applicant is outside Australia, the Australian sponsor applies for review under subsection 338(5) of the Migration Act. The Subclass 309 offshore partner visa page explains the offshore pathway. In practice, the firm's client in an offshore review is usually the Australian partner.
• Refusal of a Subclass 300 prospective marriage visa: the sponsor applies for review.

Applying in the wrong name, or by a person who is not entitled to apply, can mean the review is not properly made. The refusal letter states who may apply. The lawyer reads that section with care and checks it against the law.

The ART fee as at October 2026

As at October 2026, the ART fee for review of a reviewable migration decision, which includes a partner visa refusal, is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid within the same 28-day period. If the Tribunal accepts that paying the fee would cause financial hardship, the fee is reduced by 50%. A request for the reduction, together with at least 50% of the fee, must be paid within the time for applying. If the Tribunal sets the decision aside, varies it or remits the matter to the Department, 50% of the fee paid is refunded.

The ART fee is a government fee paid to the Tribunal. It is separate from any professional fees. My Migration Lawyers charges fixed professional fees under a written costs agreement, and the costs agreement states what the review work covers. The guides to fixed-fee immigration lawyers and immigration lawyer fees in Australia explain how fixed fees work.

Lodging the review application

Lodging the review application means making a valid application to the ART, within 28 days, that contains the prescribed information and is accompanied by a copy of the refusal notification where the person has it, and paying the fee in the same period. The partner visa appeal lawyer prepares and lodges the application, usually through the Tribunal's online form, and keeps a record of what was lodged and when.

The Migration Regulations 1994 prescribe what a partner visa review application must contain. Where the person applying has a copy of the notification of the decision, a copy must accompany the application. A partner visa appeal lawyer makes sure the correct refusal letter is attached, that the names and dates match the decision, and that the fee or the fee reduction request is dealt with on the same day. The lawyer does not leave the fee to "later in the week". The fee is part of a properly made application.

Combined applications and one fee

Where two or more people combined their visa applications in Australia and each was refused, their applications for review can be combined under regulation 4.12 of the Migration Regulations. Where applications for review are combined, only one review fee applies. A sponsor who sponsored two or more members of a family unit for an offshore visa may also combine their review applications. A partner visa appeal lawyer checks whether dependent children or other family members were refused at the same time, and includes them in a combined application where that is available.

Children born after the refusal raise a separate issue. The Department's policy explains that parents often wrongly assume that a child is included in their review application. Where a child has been refused a visa, a separate application for review may be needed. The lawyer checks the position of every child in the family before the deadline passes.

Telling the Tribunal who represents the applicant

Once engaged, the partner visa appeal lawyer notifies the Tribunal that it acts for the applicant or the sponsor and gives the Tribunal its contact details. From then on, Tribunal correspondence goes to the representative. This matters because the Tribunal's letters set deadlines, and a missed letter can mean a missed deadline. The process for appointing a representative with the Department is explained in the article on Form 956 and Form 956A. The Tribunal has its own process for recording a representative, and the lawyer follows it.

Couples who lodged the review themselves can still engage a partner visa appeal lawyer afterwards. The articles on hiring an immigration lawyer after lodging your own application and how to change your immigration lawyer explain how a handover works. The earlier the lawyer is engaged, the more time there is to prepare evidence before the hearing.

Getting the Tribunal file: what the Department sends and how the lawyer uses it

After the review is lodged, the Department must give the ART the documents relevant to the refused application, and the applicant is entitled to ask the Department for access to the material it gave the Tribunal. A partner visa appeal lawyer makes that request early and reads the whole file, because the file shows exactly what the delegate had, what the delegate relied on, and what was missing.

Under section 352 of the Migration Act, the Department must give the ART the documents and information relating to the primary decision within 10 working days after being notified of the review. Under section 362A, the applicant is entitled to request access to, or a copy of, the written material the Department gave the Tribunal. The request can be made at any time after the review is lodged and before the Tribunal gives its decision. The Department's instruction records that the Tribunal's practice direction says the request should be made as soon as practicable, and that the Tribunal will not treat a late request as an adequate reason, by itself, to adjourn a hearing.

Reading the decision record against the file

A partner visa appeal lawyer reads the delegate's decision record line by line and checks each finding against the documents. Common problems include evidence that was lodged but not mentioned in the decision, a finding based on a misread date, an interview answer taken out of context, or a request for information that the couple never received. Each of these shapes the review strategy.

The lawyer also looks for information in the file that the couple did not know about. That can include records of a home visit, records of a phone call with the sponsor, information from a third party, or notes about a previous visa application. Information of that kind may need to be answered directly. A response to adverse information during processing is explained in our article on the section 57 natural justice letter. At review, the same information may come up again, and the lawyer prepares for it.

Checking the visa history

The Tribunal file is one source. The firm also obtains the applicant's visa history itself, through VEVO and Department records, rather than asking the couple to find old grant letters or old application forms. Visa history matters at review because many refusals turn on timing, such as whether the applicant held a substantive visa at the time of application, whether a condition 8503 no further stay applied, or whether the Schedule 3 criteria were engaged. The lawyer needs the full picture before deciding what the Tribunal must be asked to decide.

Building the review strategy: what a partner visa appeal lawyer decides first

The first strategic decision a partner visa appeal lawyer makes is which criteria the Tribunal must be satisfied about for the visa to be granted or the matter remitted, and what evidence will satisfy it on each one. The reasons for refusal set the starting list. The Tribunal is not limited to those reasons, so the lawyer also checks every other criterion that could become a problem once the Tribunal looks at the case afresh.

A partner visa refusal usually rests on one or more of a small number of grounds. The articles on why partner visas get refused and why Subclass 820 visas are refused set out the common reasons. For review purposes, the lawyer groups them into issues of fact and issues of law.

• Genuine and continuing relationship. The Tribunal considers the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment. These are assessed aspects of the relationship. The partner visa relationship evidence guide explains how they are assessed.
• Schedule 3 criteria. An onshore applicant who did not hold a substantive visa at the time of application may need a waiver for compelling reasons. Our Schedule 3 waiver page and the article on Schedule 3 criteria for applicants who are unlawful explain this ground.
• Sponsorship limitation. Regulation 1.20J limits a sponsor to two partners in a lifetime, five years apart, unless there are compelling circumstances. The sponsorship limitations page and the article on when a sponsor cannot sponsor a partner visa cover this.
• Relationship ceased. Where the relationship has ended, the applicant may still have a pathway, for example through the family violence provisions. Our family violence partner visa lawyers act in these matters, and the article on what happens when a Subclass 820 relationship breaks down explains the rules.
• Public interest criteria, character, health and identity. Some refusals turn on a police certificate, a health examination or the integrity of information given to the Department.

New evidence is the centre of most partner visa reviews

Because the ART reviews the case on the merits, a partner visa appeal lawyer can put new evidence before it. The Department's instruction states that, unless the legislation says otherwise, merits review includes new information that was not available at the time of the original decision. In a refusal based on the genuineness of the relationship, the most effective review usually puts the relationship before the Tribunal properly for the first time, with evidence that meets each assessed aspect.

That does not mean more paper is always better. A partner visa appeal lawyer selects evidence that answers the delegate's actual concerns. If the delegate found no evidence of joint finances, the lawyer looks for financial evidence. If the delegate doubted that the couple lived together, the lawyer looks for household evidence over time. If the delegate relied on inconsistent interview answers, the lawyer works out why the answers differed and whether there is a truthful explanation that the couple can give in their own words.

Issues the Tribunal can resolve on paper

Some refusals rest on a single criterion that can be met with one document. Where the refusal was based on an expired police certificate, a missing health examination or a sponsorship limitation that has since passed, a partner visa appeal lawyer may be able to put the missing document before the Tribunal and ask it to decide the review on the papers. Several remitted decisions in the Tribunal decisions section below record that a decision was made without a hearing being necessary. The lawyer identifies these matters early, because they can be resolved faster and with less stress for the couple.

Deciding whether review is the right path

The partner visa appeal lawyer also advises whether review is the right path at all. Sometimes a fresh application is better. Sometimes review is the only path, because the applicant is in Australia without a substantive visa and section 48 of the Migration Act limits what they can apply for. Our article on a partner visa after a visa refusal explains the section 48 position. A fresh application means a new visa application charge. As at October 2026, the partner visa application charge for a Subclass 820/801 application starts from AUD 11,710 for most applicants, and from AUD 1,955 for Subclass 300 holders applying in Australia. A lower charge applies to eligible Pacific Island citizens, and the current figure should be checked on the Department's website. The Subclass 820 visa cost guide sets out the charges. The lawyer compares those costs and risks with the review and advises the couple on the better course.

Evidence at the ART: what a partner visa appeal lawyer gathers and checks

A partner visa appeal lawyer gathers evidence that answers each reason for refusal, checks that every document is consistent with the rest of the file, and lodges it with the Tribunal in an organised, indexed bundle before the hearing. The aim is that the Tribunal member can find the answer to each concern quickly and can see that the evidence is reliable.

The evidence in a partner visa review usually falls into a few groups. The partner visa document checklist and the 820 partner visa evidence checklist list the kinds of documents that are commonly relevant. At review, the lawyer focuses on what is missing or weak, not on repeating what the delegate already had.

The relationship statement

A partner visa has one relationship statement. At review, the couple may need to update it so that it covers the period since the application, or so that it explains matters the delegate found unclear. The statement is the couple's own evidence. The partner visa appeal lawyer reviews it, identifies gaps and inconsistencies with the forms and documents, and the couple correct and confirm their own words. The lawyer does not write the couple's relationship for them. The article on the partner visa relationship statement explains what the statement should cover.

Form 888 statements and witnesses

Form 888 statements from friends and family can carry real weight at review, particularly where the delegate found little evidence of the social aspects of the relationship. Each Form 888 statement is the witness's own evidence. The articles on who can make a Form 888 and what it should say and Form 888 example answers and common mistakes explain their role. A partner visa appeal lawyer also considers whether a supporting witness should give oral evidence at the hearing, because oral evidence can be tested and, when it holds up, can be persuasive.

Documents, translations and consistency

Documents not in English need English translations. Translations done in Australia should be by a NAATI-certified translator. A partner visa appeal lawyer checks that names, dates and addresses match across translations, identity documents, the Form 80 personal particulars, and the original application. Small inconsistencies can damage credibility at a hearing even when the relationship is genuine. Where the couple's circumstances changed after lodgement, the lawyer also checks whether the Department was told, which is explained in the article on Form 1022 change of circumstances.

Evidence for Schedule 3 and other legal grounds

Where the refusal rests on Schedule 3, the evidence is different. It goes to whether there are compelling reasons for not applying the criteria, which often involves children, the length and strength of the relationship, and the consequences of the applicant leaving Australia. The article on the Schedule 3 partner visa waiver explains what a waiver request needs to show. Where the refusal rests on family violence or a ceased relationship, the evidence must meet the specific requirements of Division 1.5 of the Migration Regulations. The lawyer identifies the correct legal test first and only then gathers evidence for it.

What a partner visa appeal lawyer does not do

A partner visa appeal lawyer does not construct a relationship, script evidence or tell witnesses what to say. The evidence belongs to the people who give it. The lawyer's role is to explain the legal test, identify what evidence is relevant, review drafts for gaps and inconsistencies, and advise on the strategy. Providing false or misleading information to the Department or the Tribunal can lead to refusal and other serious consequences. Honest, consistent evidence is the only kind worth putting forward.

Written submissions to the Tribunal

Written submissions are the partner visa appeal lawyer's legal argument to the Tribunal: a document that identifies the criteria in issue, sets out the relevant law and policy, explains how the evidence meets each criterion, and answers each of the delegate's reasons for refusal. Good submissions make the Tribunal member's task easier and focus the hearing on the real issues.

A well-prepared submission in a partner visa review usually covers the following.

• The decision under review, the criteria in issue and the outcome sought, for example that the Tribunal remit the matter with a direction that the applicant meets a specified criterion.
• A short chronology of the relationship and the application.
• The law: the relevant Schedule 2 criteria, section 5F and regulation 1.15A for spouses, or section 5CB and regulation 1.09A for de facto partners, any Schedule 3 or sponsorship limitation provisions, and the relevant Department policy.
• The evidence on each assessed aspect of the relationship, with references to the documents in the bundle.
• A direct response to each adverse finding in the decision record.
• Any explanation for inconsistencies, given in the couple's own words through their evidence.

Timing of submissions

A partner visa appeal lawyer lodges written submissions and the evidence bundle before the hearing, within any timetable the Tribunal sets. Lodging well before the hearing gives the member time to read the material. Material handed up on the day may not be read with the same care. Where new information comes up at the hearing, the lawyer may ask for time to provide post-hearing submissions or documents, as discussed below.

Submissions are argument, not evidence

Submissions explain how the evidence meets the law. They do not replace the evidence. A submission that says the couple share finances is not evidence that they do. The lawyer makes sure that every factual point in the submission is supported by a document or by the couple's own evidence. The guide to preparing evidence of a genuine relationship explains how evidence and argument fit together.

Witness preparation for a partner visa review hearing

Witness preparation means explaining to the applicant, the sponsor and any supporting witness how the hearing works, what topics the Tribunal is likely to ask about, and what their own earlier statements say, so that they can give their own truthful evidence clearly and calmly. A partner visa appeal lawyer prepares witnesses. The lawyer does not coach them on what to say.

Preparation usually happens in one or more video conferences before the hearing. The lawyer goes through the format of the hearing, the order in which people are likely to give evidence, and the issues the Tribunal is likely to focus on given the reasons for refusal. Each witness reads their own statement again. If something in it is wrong, they say so, and the correction is made openly before the hearing.

Who should give evidence

Not every possible witness should give oral evidence. A partner visa appeal lawyer advises on who can add something useful: a relative who visited the couple's home many times, a friend who has known them since the start, a sponsor's adult child who can speak to the family's acceptance of the relationship. One remitted decision cited below records the oral evidence of the sponsor's son and daughter-in-law. The lawyer asks the Tribunal to take evidence from witnesses within the Tribunal's procedures and timetable.

Evidence given separately

Tribunal members often take evidence from the applicant and the sponsor separately, with one waiting outside while the other answers. They then compare the answers. The lawyer explains this in advance so that it does not come as a shock. The point of preparation is not to align answers. It is to make sure each person has refreshed their own memory of dates, events and household arrangements, so that their truthful evidence is clear.

Interpreters at the hearing

The Tribunal arranges interpreters for hearings. Where the applicant, the sponsor or a witness needs an interpreter, the partner visa appeal lawyer tells the Tribunal in advance which language and dialect is needed. The lawyer also explains to witnesses how to give evidence through an interpreter: speak in short sentences, wait for the interpretation, and say so straight away if a question has not been understood. My Migration Lawyers does not arrange interpreters. The interpreter at the hearing is arranged by the Tribunal.

The ART hearing: what the partner visa appeal lawyer does in the room

At the hearing, the partner visa appeal lawyer appears with the applicant and the sponsor, deals with any preliminary issues, assists the Tribunal to identify the issues, makes sure the relevant evidence is before the member, asks questions of the witnesses where appropriate, and makes closing submissions on how the evidence meets each criterion. The Tribunal member leads the hearing and asks most of the questions.

A merits review hearing is less formal than a court hearing. The Department's instruction records that the ART must pursue the objective of resolving applications as quickly, and with as little formality and expense, as a proper consideration of the matters permits. It also records that the Minister is taken to be a non-participating party in reviews of reviewable migration decisions. In practice, that means the Department is generally not represented at a partner visa hearing. The member may have read the Department's file closely, however, and will test the evidence directly.

In person or by video

Partner visa hearings may be held in person at a Tribunal registry or by video, depending on the Tribunal's arrangements for the particular review. A partner visa appeal lawyer checks the hearing notice, confirms how each person will attend, and makes sure witnesses have a quiet private place with a reliable connection if they are attending by video. Technical problems on the day can disrupt evidence, so the lawyer plans for them.

Order of the hearing

A typical partner visa hearing follows a pattern, although each member runs the hearing in their own way.

• The member introduces the hearing, confirms who is present and explains the process.
• The witnesses take an oath or affirmation.
• The member identifies the issues and asks the applicant questions, often about how the couple met, the development of the relationship, living arrangements, finances and plans.
• The member asks the sponsor questions, often separately, on the same topics.
• Supporting witnesses give evidence.
• The partner visa appeal lawyer may ask questions to clarify evidence or to bring out matters the member has not covered.
• The lawyer makes closing submissions.

Dealing with adverse information at the hearing

If the member raises information that may be a reason, or part of a reason, for affirming the refusal, the applicant must be given a fair opportunity to respond. A partner visa appeal lawyer listens for this, makes sure the applicant understands what is being put, and asks for time to respond in writing if the information needs documents or reflection. A rushed answer to a complex allegation rarely helps the applicant.

If the applicant cannot attend

If the applicant fails to appear at a hearing and the Tribunal is satisfied that proper notice was given, the Tribunal may dismiss the review under section 99 of the Administrative Review Tribunal Act 2024. An application for reinstatement can then be made under section 368C of the Migration Act within 28 days after receiving notice of the dismissal. The lawyer makes sure this never happens through oversight. If the applicant is unwell or cannot attend for a genuine reason, the lawyer asks the Tribunal to reschedule before the hearing, with supporting evidence. An adjournment is a matter for the Tribunal and is never guaranteed.

After the hearing: post-hearing work and the Tribunal's decision

After the hearing, the partner visa appeal lawyer lodges any further documents or submissions the Tribunal has allowed, reports to the couple on how the hearing went and what happens next, and waits for the decision. The ART must give the applicant a written statement of its decision with reasons, and must notify the applicant within 14 days after the decision is taken to have been made.

Post-hearing submissions

Members sometimes allow a short period after the hearing for further evidence, for example a bank statement that confirms a point made in oral evidence, or a letter from a witness who could not attend. The lawyer diarises that deadline and meets it. Where the member raised a new concern at the hearing, the post-hearing submission is often the place to address it in full.

What the Tribunal can decide

Under the Migration Act and the ART Act, the Tribunal's decision on a review of a partner visa refusal can be to:

• affirm the refusal;
• vary the decision;
• set the decision aside and substitute a new decision; or
• remit the matter to the Department for reconsideration under subsection 349(2) of the Migration Act, with a direction or recommendation permitted by the Regulations.

Each decision listed in the Tribunal decisions section below was a remittal. Under regulation 4.15, the Tribunal can direct that the applicant is taken to have satisfied a specified criterion for the visa. The Department then reconsiders the application in light of that direction.

Bridging visa while the review is on foot

An onshore applicant who held a bridging visa because of the partner visa application generally remains on it while a properly made review is on foot. The partner visa appeal lawyer checks the conditions of the applicant's own bridging visa, including work rights and travel. The articles on bridging visas in Australia, Bridging visa A and Bridging visa B explain how bridging visas operate, and the article on work rights while waiting for a Subclass 820 visa covers work conditions.

What remittal means and what the partner visa appeal lawyer does next

Remittal means the Tribunal sets aside the refusal and sends the application back to the Department to be decided again, with a direction that one or more criteria are taken to be met. The Department is bound by that direction, must assess any remaining criteria, and must make a new decision as soon as practicable. A partner visa appeal lawyer's work does not end at remittal. It moves back to the Department.

The Department's instruction explains that a delegate is bound by the Tribunal's decision that a criterion is met, even if information later comes to the delegate's attention that suggests otherwise. The delegate must still assess any criteria that were not the subject of the direction and were not assessed before, reassess criteria where circumstances have changed or new information has become available, follow any recommendations of the Tribunal, and assess character criteria where applicable.

What the lawyer does after a remittal

After a remittal, a partner visa appeal lawyer usually:

• reads the Tribunal's decision and identifies exactly which criteria were directed as met;
• identifies the criteria still to be assessed, such as health, character or police certificates;
• checks whether health examinations or police certificates have expired since lodgement and arranges for new ones where needed;
• notifies the Department of any change of circumstances;
• responds to any further requests from the Department; and
• follows up the case until a new decision is made.

The 50% refund of the ART fee applies where the decision is set aside, varied or remitted. The refund comes from the Tribunal. The lawyer can explain how the refund is processed.

A special rule for Subclass 300 reviews

Regulation 4.15(4) deals with a particular situation. If the applicant for a Subclass 300 prospective marriage visa marries the sponsor after the refusal but before the review is finally determined, and the Tribunal is notified of a marriage that is valid for the purposes of the Migration Act, the Tribunal can remit with a direction that the application is taken also to be an application for the offshore partner visas. A partner visa appeal lawyer acting in a Subclass 300 review checks whether this rule may apply.

If the Tribunal affirms the refusal

If the Tribunal affirms the refusal, the partner visa application is finally determined, and the couple need advice quickly on what remains open. Depending on the person's circumstances, options may include a fresh application where the law allows one, or a request for Ministerial intervention under section 351 of the Migration Act, which is a discretionary power the Minister is not required to consider. A partner visa appeal lawyer explains the realistic options and the time limits that apply to them.

An onshore applicant's bridging visa does not continue indefinitely after the review is finally determined. The applicant's visa status must be checked straight away. The guide to getting a second opinion from an immigration lawyer explains how an independent review of the position works.

Tribunal decisions: what remitted partner visa reviews show

The Tribunal decisions below show the kinds of issues that partner visa reviews turn on, and how evidence, oral testimony and new documents can lead the Tribunal to a different view from the delegate. Every decision listed was remitted, which means the Tribunal sent the application back to the Department to reconsider. The headnotes do not state the nationality of the parties. The descriptions below record only the issues reported in each decision's headnote.

• Vu (Migration) [2023] AATA 2881, Subclass 820: the reported issues were a genuine and continuing relationship, limited documentary evidence provided to the department, extensive documentary evidence and submissions provided to the tribunal, a valid marriage, and a relationship that ceased amicably.
• Bateman (Migration) [2019] AATA 394, Subclass 820: the reported issues were a genuine de facto relationship, credible witnesses, and the Tribunal having more information available to it than was available to the delegate.
• KAUR (Migration) [2019] AATA 3936, Subclass 820: the reported issues were a genuine spousal relationship, seven years of cohabitation, the benefit of oral evidence from the applicant and sponsor separately, and anonymous allegations.
• Thota (Migration) [2020] AATA 4222, Subclass 820: the reported issues were the 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.
• Manalo (Migration) [2024] AATA 1927, Subclass 820: the reported issues were a sponsorship form and other requested material not provided to the department, COVID restrictions and access issues, prehearing, oral and witness evidence, and departmental policy.
• Nguyen (Migration) [2018] AATA 5304, Subclass 820: the reported issues were a genuine spousal relationship, marital status with Centrelink, inconsistencies between the applicant and sponsor at the hearing, and a 19-year age difference.
• Pham (Migration) [2021] AATA 4350, Subclass 820: the reported issues were false or misleading information in a previous visitor visa application, an answer of "married" when the person was separated at the time and later divorced, and a credible witness and evidence.
• Phuong (Migration) [2019] AATA 4637, Subclass 820: the reported issues were the sponsor acting as the applicant's representative, a genuine spousal relationship, financial aspects, and minimal financial integration.
• Nguyen (Migration) [2020] AATA 3891, Subclass 820: the reported issues were natural justice, circumstances beyond the applicant's control, a hearing postponed because of COVID-19, and the death of the sponsor.
• 2210939 (Migration) [2026] ARTA 699, Subclass 820: the reported issues were symptoms that affected capacity to take part in the hearing, family violence committed by the sponsor, inconsistent evidence, and a relationship with the sponsor that had ceased.
• Saadie (Migration) [2024] ARTA 862, Subclass 309: the reported issues were an expedited hearing, a genuine and continuing relationship, and a valid marriage in the home country months after being introduced and days after meeting in person.
• Zaidi (Migration) [2018] AATA 5666, Subclass 300: the reported issues were a genuine intention to marry, a notice of intended marriage, frequent communication, and consistent oral evidence.
• Fouracres (Migration) [2024] AATA 61, Subclass 820: the reported issues were criminal history, an AFP certificate that expired before the visa was finalised, a new certificate provided to the tribunal, and a decision made without a hearing being necessary.
• Dang (Migration) [2024] AATA 137, Subclass 820: the reported issues were the sponsorship limit, an application made within 5 years of a previous sponsorship, the 5 years having now passed, and a decision made without a hearing being necessary.
• Lau (Migration) [2018] AATA 1897, Subclass 820: the reported issues were that the applicant lost their right to a hearing, that the applicant was an unlawful non-citizen at the time of application, and compelling reasons to waive the Schedule 3 criteria.

What these decisions show and what they do not show

These decisions show that the Tribunal looks at the evidence afresh, that oral evidence from the couple and from witnesses can matter, that new documents provided at review are considered, and that some matters can be decided without a hearing. Vu and Bateman illustrate the difference that fuller evidence before the Tribunal can make. KAUR, Thota and Zaidi illustrate the role of oral evidence. Fouracres and Dang illustrate refusals resolved by a single new document or the passage of time. Phuong is a reminder that a sponsor can act as representative, although a sponsor acting in that role is also a key witness.

These decisions do not show that any particular review will succeed. Each turned on its own facts and evidence. A partner visa appeal lawyer uses decisions like these to understand how the Tribunal approaches issues, not as a promise of a result.

Choosing a partner visa appeal lawyer for an ART review

When choosing a partner visa appeal lawyer, a couple should look for experience in partner visa reviews at the Tribunal, a clear written scope of work, a fixed fee under a written costs agreement, and a plan for the specific refusal grounds in their decision. A general promise to "fight the refusal" is not a plan.

Useful questions to ask a prospective partner visa appeal lawyer include:

• Who will prepare the submissions and attend the hearing?
• What does the fixed fee cover: lodging, file request, evidence review, submissions, witness preparation, the hearing, post-hearing work and work after a remittal?
• What evidence does the lawyer think is missing, based on the refusal reasons?
• How will witnesses be prepared, and will the lawyer attend the hearing with them?
• What happens if the Tribunal affirms the refusal?

The guides to choosing a partner visa lawyer in Australia, the visa appeal lawyer article, the comparison of a partner visa lawyer and doing it yourself, and the factual explainer on migration agents and immigration lawyers help couples compare their options. The articles on partner visa lawyers in Australia: fees and how to choose and booking an immigration lawyer consultation explain what to expect before engaging a firm.

How My Migration Lawyers acts as your partner visa appeal lawyer at the ART

My Migration Lawyers acts as partner visa appeal lawyer for applicants and Australian sponsors in reviews of refused Subclass 820/801, Subclass 309/100 and Subclass 300 applications at the ART. The firm deals with complex cases, acts in many partner visa reviews of this exact type, and is capable of handling the whole review, from lodgement within the 28-day deadline to the work that follows a remittal.

On a partner visa review, the firm's work follows a set sequence.

• Deadline and standing. The firm confirms the notification date, sets the last day to apply, confirms whether the applicant or the sponsor must apply, and deals with the AUD 3,727 fee or a fee reduction request within time.
• Lodgement and representation. The firm lodges the review application with the refusal notification, notifies the Tribunal that it acts, and combines applications for family members where that is available.
• The Tribunal file. The firm requests the material the Department gave the Tribunal, obtains the applicant's visa history itself, and reads the decision record against every document.
• Strategy. The firm identifies every criterion in issue, including any the delegate did not decide, and advises the couple on the strategy for the review.
• Evidence. The firm identifies what evidence is missing, reviews the couple's relationship statement and the Form 888 statements for gaps and inconsistencies, and the couple and their witnesses correct and confirm their own words.
• Submissions. The firm prepares written submissions that answer each reason for refusal and lodges them with an indexed evidence bundle before the hearing.
• Witness preparation. The firm explains the hearing process to the applicant, the sponsor and witnesses by video, and tells the Tribunal in advance if an interpreter is needed so that the Tribunal can arrange one.
• The hearing. The firm appears at the hearing, assists the Tribunal, and makes closing submissions.
• After the hearing. The firm lodges any post-hearing material, reports on the decision, and acts on a remittal at the Department until a new decision is made.

Weiwei Zhang, Principal Lawyer, leads the firm's partner visa practice. You can read more about My Migration Lawyers and about Weiwei Zhang. The firm's wider visa refusals practice covers other refusal types, and the firm also acts on visa cancellations. Couples with LGBTI relationships can read about the firm's LGBTI partner visa work, and the firm's page on partner visa lawyers in Australia explains the firm's general approach to partner matters. The article on when an immigration lawyer is needed for a partner visa is also useful.

Consultations are held by video, and My Migration Lawyers acts in partner visa reviews across Australia, including for clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Clients with other migration matters can contact our immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta.

The firm cannot promise any outcome at the Tribunal. What a partner visa appeal lawyer can do is make sure the review is lodged in time, that the Tribunal has the evidence it needs, and that the applicant and sponsor are ready to give their own evidence at the hearing. If your partner visa has been refused and you are still within the 28-day period, act now.

Book a Consultation with My Migration Lawyers to have a partner visa appeal lawyer review your refusal and your ART options. You can also call 1300 040 300.