Partner Visa ART Hearing: How to Prepare

A partner visa ART hearing is the stage of a review at which a member of the Administrative Review Tribunal (ART) listens to the applicant, the Australian partner and any witnesses, and asks them questions about the relationship. For most couples, the partner visa ART hearing is the single most important event in the review. It is the first time a decision maker sees and hears the couple in person, and it is often where a refused application is turned around.

The partner visa ART hearing is not a trial and it is not an interview with the Department of Home Affairs. It is a structured conversation led by the member, who must decide whether the visa criteria are met on the evidence available at the time of the Tribunal's decision. This guide explains how a partner visa ART hearing works, who attends, the questions members usually ask about the relationship, how witness evidence is taken, why consistency between the applicant and the sponsor matters so much, and what to do in the weeks before the hearing.

This article is about the hearing itself. If you are still deciding whether to seek review, read our guide on partner visa refusal appeal options. If you want a general overview of the review process, read ART review: what to expect after your visa is refused. Couples who have just received a refusal and can still apply for review should act quickly, because the time limit to apply to the Tribunal is short and strictly applied. Our guide to urgent immigration lawyer advice explains what to have ready when time is tight.

What is a partner visa ART hearing?

A partner visa ART hearing is a session in which a Tribunal member takes oral evidence about a refused partner visa application and gives the review applicant a chance to present arguments. The Administrative Review Tribunal replaced the Administrative Appeals Tribunal in October 2024. Reviews of refused partner visas are "reviewable migration decisions" under Part 5 of the Migration Act 1958, and they are run under both the Migration Act and the Administrative Review Tribunal Act 2024.

The member does not simply check whether the Department made a mistake. The Tribunal reviews the decision on its merits. It stands in the shoes of the original decision maker, uses the same powers, and decides what the correct or preferable decision is on the material before it at the time of the review. That material includes new evidence that did not exist, or was not provided, when the Department refused the visa. This is why a partner visa ART hearing matters so much: the couple's oral evidence becomes part of the record, and it can fill the gaps that the Department identified.

A partner visa ART hearing can concern any of the partner visa subclasses. Onshore, the most common reviews involve the combined Subclass 820 partner visa and Subclass 801 application. Our Subclass 820 partner visa guide explains that combined structure. Offshore, the review usually concerns the Subclass 309 partner visa and Subclass 100. The Subclass 300 Prospective Marriage visa is also reviewable, and the hearing then focuses on the couple's genuine intention to marry and to live together as spouses. For background on each subclass, see our complete guide to partner visas in Australia.

Why the partner visa ART hearing is often decisive

The partner visa ART hearing is often decisive because most partner visa refusals turn on whether the relationship is genuine and continuing, and that question is answered by assessing the people as much as the paperwork. A delegate of the Department usually decides an application on documents alone. A Tribunal member, by contrast, can ask follow-up questions, hear both partners describe the same events, and assess whether their accounts are detailed, spontaneous and consistent.

Published Tribunal decisions show this repeatedly. In Bateman (Migration) [2019] AATA 394, a Subclass 820 de facto matter, the reported issues included credible witnesses and the fact that the Tribunal had more information available to it than was available to the delegate. In Jeong (Migration) [2020] AATA 1820, also a Subclass 820 matter, the Tribunal found the parties validly married, noted substantial corroborative evidence and described the evidence given as truthful and credible. These decisions do not mean that every review succeeds. They show that the partner visa ART hearing is where the Tribunal forms its own view of the couple.

The most common reasons partner visas are refused are explained in our articles on why partner visas get refused and the most common reasons Subclass 820 partner visas are refused. A good preparation plan for a partner visa ART hearing starts with those refusal reasons, because the member will usually focus on them. Our article on when you need an immigration lawyer for a partner visa explains where legal help makes the most difference.

Will there be a partner visa ART hearing in every review?

No, not every review involves a partner visa ART hearing, but most reviews that turn on the genuineness of the relationship do. Under Part 5 of the Migration Act, the Tribunal generally invites the review applicant to appear before it to give evidence and present arguments. The Tribunal can, however, decide a review in the applicant's favour on the written material without holding a hearing.

Published Tribunal decisions include many examples where a review was decided without a hearing because the problem had been solved on paper. In Freeland (Migration) [2024] AATA 1083, the issue was the health requirement, and evidence of the required examination was provided to the Tribunal. In Dang (Migration) [2024] AATA 137, the issue was the sponsorship limitation, and the relevant period had passed by the time of the Tribunal's decision. In Fouracres (Migration) [2024] AATA 61, a new police certificate was provided after the earlier one expired. Each of those reviews was decided without a hearing being necessary.

When the refusal concerns the relationship itself, a favourable decision on the papers is far less common. The member usually wants to hear from the couple. For that reason, couples should assume there will be a partner visa ART hearing and prepare for it from the day the review is lodged. Our page on partner visa refusals explains how different refusal grounds are approached on review.

How a partner visa ART hearing is held: in person, video or telephone

A partner visa ART hearing may be held in person at a Tribunal registry, by video or by telephone, and the hearing notice states which format applies. The Tribunal decides the format, although parties can ask for a different arrangement and explain why. A request should be made as early as possible and should give a practical reason, such as distance, health, caring responsibilities or the location of a witness.

Each format has its own practical demands:

• In person. The couple attend a hearing room at a registry. They should arrive early, bring identification and bring copies of any documents they intend to refer to. The member and an interpreter, if one has been arranged, are usually present or connected.
• Video. The couple join by a secure video link from a quiet, private room. The camera, microphone and internet connection should be tested in advance. Nobody else should be in the room unless the member has agreed.
• Telephone. The Tribunal calls the participants at the time listed. A landline or a mobile phone with strong reception and full battery is essential. Telephone hearings make it harder for the member to follow who is speaking, so each person should speak clearly and wait for the question to finish.

The format does not change the legal test. A partner visa ART hearing by video is assessed on exactly the same criteria as one held in a hearing room. What changes is the risk of technical problems and the need to manage documents remotely. Couples who are separated by a border, which is common in Subclass 309 reviews, often have one partner in the hearing room and the other connected by telephone or video from overseas.

Who attends a partner visa ART hearing?

The people who attend a partner visa ART hearing are usually the Tribunal member, the review applicant, the other partner, any witnesses, an interpreter where needed, and the couple's representative if they have one. The Department of Home Affairs is generally not present. Under section 348A of the Migration Act, the Minister is a "non-participating party" in reviews of reviewable migration decisions, so a partner visa review is not an argument between the couple and a government lawyer.

Who the review applicant is depends on the visa:

• Onshore Subclass 820 and Subclass 801 refusals. The visa applicant in Australia is usually the review applicant. The Australian partner normally gives evidence as well.
• Offshore Subclass 309 and Subclass 100 refusals. The Australian sponsor is usually the review applicant, because the visa applicant is outside Australia. The visa applicant overseas is often invited to give evidence by telephone or video.
• Subclass 300 refusals. The Australian sponsor is usually the review applicant, and the fiancé or fiancée overseas often gives evidence remotely.

The member may hear witnesses one at a time and may ask people who have not yet given evidence to wait outside the room or off the call. Children are rarely asked to give evidence, and a member will generally ask before a child is brought into the hearing. A support person can sometimes attend, but this should be raised with the Tribunal in advance. Our article on Form 956 and 956A explains how a representative is appointed in immigration matters, and the Tribunal has its own process for notifying it of a representative.

Interpreters at a partner visa ART hearing

An interpreter should be requested for a partner visa ART hearing whenever the applicant, the sponsor or a witness is not completely comfortable giving detailed evidence in English. The Tribunal arranges interpreters for hearings, and the request is usually made in the review application or as soon as the need is known. The language and any dialect should be stated precisely.

Many couples feel they can manage in English because they speak it every day. The partner visa ART hearing is different. Members ask about dates, sequences of events, money, family relationships and feelings, and they expect precise answers. A person who answers in a second language under pressure may give an answer that sounds evasive or inconsistent when it is only a language problem. In Gillard (Migration) [2019] AATA 2934, a Subclass 309 matter, the reported issues included concern about the reliability of certain evidence, a language barrier and an arranged marriage, and the Tribunal found the relatives' evidence credible. The case is a reminder that language barriers are recognised, but they are much easier to manage when an interpreter is booked from the start.

Practical points about interpreters:

• Speak in short sentences and pause, so the interpreter can translate accurately.
• Speak to the member, not to the interpreter.
• If you do not understand the interpretation, say so straight away.
• If you have a concern about the interpreter's accuracy, raise it during the hearing, not after the decision.

What happens on the day of a partner visa ART hearing?

On the day of a partner visa ART hearing, the member usually opens by introducing the people present, explaining the issues in the review and confirming the documents on file, and then takes evidence from each person in turn. The evidence is usually given on oath or affirmation, which means each person formally promises to tell the truth.

A typical partner visa ART hearing follows this pattern:

• Introductions and housekeeping. The member confirms who is present, checks the interpreter arrangements and explains how the hearing will run.
• The issues. The member explains the criterion in dispute. In most partner visa reviews, this is whether the couple are in a genuine and continuing relationship, but it may also be Schedule 3, the sponsorship limitation, PIC 4020, health or character.
• Evidence from the review applicant. The member asks questions, often for a long period. The representative may ask further questions afterwards.
• Evidence from the other partner. This is often taken separately, with the first person asked to leave the room or the call.
• Evidence from witnesses. Each witness is usually heard separately and briefly.
• Adverse information. If the member has concerns about information that could lead to the decision being affirmed, the member may put it to the applicant at the hearing and invite comment, sometimes allowing time to respond in writing afterwards.
• Submissions. The representative or the applicant summarises why the criteria are met.
• Close. The member explains what happens next. Sometimes a decision is given at the end of the hearing. More often it is reserved and sent in writing later.

The length of a partner visa ART hearing varies. A hearing about a single straightforward issue can be short. A hearing about a long relationship, several witnesses and an interpreter can take most of a morning or longer. Couples should keep the whole day free.

Why preparation for a partner visa ART hearing starts with the refusal decision

Preparation for a partner visa ART hearing starts with the Department's decision record, because the member will usually begin with the reasons the visa was refused. The decision record sets out the criteria the delegate was not satisfied about and the evidence the delegate relied on. Each adverse finding is a question the couple should expect to be asked.

A couple preparing for a partner visa ART hearing should read the decision record line by line and list every finding, including small ones. A delegate may have doubted the date the relationship began, noted that the couple lived at different addresses for a period, found that a joint account had little activity, or recorded that the applicant could not name the sponsor's family members at an interview. Each of those points should have an honest explanation ready, in the couple's own words, supported by whatever evidence genuinely exists.

The couple should also re-read everything they lodged with the Department. That includes the application form, the partner visa relationship statement, any responses to a section 56 request for more information, any reply to a section 57 natural justice letter, and the Form 888 supporting statements lodged by friends and family. The member will have all of these documents. If the couple's oral evidence differs from what they wrote earlier, the member is likely to ask why.

What questions does the member ask at a partner visa ART hearing?

At a partner visa ART hearing, the member usually asks detailed, open questions about how the relationship began, how it developed, how the couple live day to day, how they share money and responsibilities, who knows them as a couple, and what they plan for the future. The questions follow the legal framework for assessing a genuine and continuing relationship.

For spouses, the framework is in section 5F of the Migration Act and regulation 1.15A of the Migration Regulations. For de facto partners, it is in section 5CB of the Act and regulation 1.09A. Both regulations direct the decision maker to consider all the circumstances of the relationship, including four aspects: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A member at a partner visa ART hearing will usually move through each aspect, though not always in that order. Our guide to the de facto partner visa and the 12-month rule explains the de facto definition. Our article on partner visa evidence and how to prove a genuine relationship explains these four aspects in detail.

The questions below are examples of the kinds of topics members commonly explore. They are not a script, and nobody should memorise answers. Members are experienced at recognising rehearsed evidence, and memorised answers often damage credibility rather than help it.

How the relationship began and developed

Members commonly open a partner visa ART hearing by asking how and when the couple met, who introduced them, what attracted them to each other, when the relationship became serious, when they first lived together, and when and where they married or registered the relationship. The member will compare the answers with the dates in the application and in the Department's records, including travel movements.

Typical questions include:

• Where and how did you first meet, and who else was there?
• When did you decide you were in a relationship, and how did that happen?
• When did you first meet each other's families?
• How did the proposal happen, and who was at the wedding?
• Were there any periods when you were apart, and why?

The applicant and the sponsor do not need to remember every date in exactly the same way. They do need to describe the same relationship. For de facto couples, the start date matters to the 12-month de facto requirement for a Subclass 820, so the member may test it closely. Our guide on preparing evidence of a genuine relationship explains how a clear timeline helps.

The financial aspects of the relationship

Members ask how the couple manage money, who pays which bills, whether they have joint accounts or assets, whether one partner supports the other, and how major purchases are decided. The member wants to understand the real arrangement, not an idealised one.

Typical questions include:

• Who pays the rent or mortgage, and how?
• Do you have a joint account, and what is it used for?
• How much does your partner earn, and what is their job?
• Have you sent money to each other's families?
• Who would you leave your assets to?

Some couples keep their finances largely separate for cultural or personal reasons. That is not fatal, but the couple must be able to explain at the partner visa ART hearing how they share the costs of their life together. In MOHAMMADI (Migration) [2019] AATA 4744, a Subclass 309 matter, the reported issues included the documented and oral evidence of the applicants, the financial aspect and household arrangements.

The nature of the household

Members ask where the couple live, who else lives there, how the household is run, who cooks, cleans and shops, and how the couple care for any children. These questions often reveal whether the couple genuinely share a daily life.

Typical questions include:

• Describe your home. How many bedrooms are there, and who else lives with you?
• What is your partner's usual daily routine?
• Who does the shopping and the cooking, and what did you eat last night?
• What happens on a normal weekend?
• How do you divide responsibility for the children, if you have children?

Small household details are often where inconsistencies appear. In HUANG (Migration) [2019] AATA 6066, a Subclass 820 matter, the reported issues included a joint bank account, a joint household with shared responsibilities and the couple planning and undertaking joint social activities together.

The social aspects of the relationship

Members ask who knows the couple as a couple, whether they socialise together, whether their families accept the relationship, and how they present themselves to the world. The aim is to see whether the relationship is publicly acknowledged.

Typical questions include:

• Who are your closest friends as a couple?
• Have you travelled together, and where?
• Do your families know about the relationship, and how do they feel about it?
• Do you attend events together, such as weddings, birthdays or religious celebrations?
• Who would you call first in an emergency?

Where some family members do not know about the relationship, for example in some same-sex relationships, the member will usually want to understand why. Our LGBTI and same-sex partner visa page explains how those relationships are assessed. In Vitebski (Migration) [2019] AATA 4228, a Subclass 300 matter, the reported issues included the parties representing themselves as being in a genuine and continuing relationship, joint social activities and a credible witness.

The nature of the commitment

Members ask about the couple's future plans, their knowledge of each other's background, health and personal history, how they supported each other through difficult times, and whether they see the relationship as long term and exclusive.

Typical questions include:

• What are your plans for the next few years?
• Do you plan to have children, or more children?
• What were the hardest moments in your relationship, and how did you get through them?
• What medical conditions or important life events has your partner had?
• What would happen if the visa were refused?

In Phan (Migration) [2019] AATA 2921, a Subclass 309 matter, the reported issues included that the parties did not display a high degree of knowledge in some areas of each other's lives, companionship and emotional support, and a genuine and continuing long-term relationship. The case is a useful reminder that a partner visa ART hearing does not demand perfect knowledge. The question is whether the relationship as a whole is genuine and continuing.

Previous relationships and migration history

Members often ask about previous marriages and relationships of either partner, earlier visa applications, previous sponsorships and anything in the migration history that the Department relied on. The answers must match the information in earlier applications, including Form 80.

Questions about the sponsor's history may also arise, particularly where the sponsor has sponsored a partner before. The sponsorship limitations may be relevant, and our article on when a sponsor cannot sponsor a partner visa explains those rules. If the applicant first came to Australia as a visitor, the member may ask about intentions at the time of entry, which our article on moving from a tourist visa to a partner visa discusses. Where an earlier application contained wrong information, the member may raise PIC 4020, which is a separate and serious issue that should be addressed with legal advice before the partner visa ART hearing.

Why the applicant and sponsor are often heard separately at a partner visa ART hearing

At a partner visa ART hearing, the member often takes evidence from the applicant and the sponsor separately so that each person's account can be compared without one person hearing the other's answers. This is a normal part of testing evidence. It is not a sign that the member suspects the couple of lying.

Separate evidence can work strongly in a couple's favour. When two people independently describe the same home, the same routines, the same friends and the same turning points in their relationship, their accounts support each other. In KAUR (Migration) [2019] AATA 3936, a Subclass 820 matter, the reported issues included a genuine spousal relationship, seven years of cohabitation, the benefit of oral evidence from the applicant and the sponsor separately, and anonymous allegations. The case shows how separately taken oral evidence can help the Tribunal deal with allegations that the Department may have found difficult to resolve on paper.

Separate evidence also exposes differences. Couples should not discuss their likely answers in a way that turns into rehearsal. Our partner visa lawyer guide explains how a lawyer prepares a couple for this stage. The best preparation for separate evidence is for each partner to go back over the relationship honestly, using photographs, messages and documents to refresh their own memory, so that each person is answering from real recollection.

Consistency at a partner visa ART hearing: why small differences matter

Consistency matters at a partner visa ART hearing because the member uses agreement between the applicant, the sponsor, the witnesses and the documents as one of the main ways to decide whether the relationship is genuine. Inconsistency does not automatically lead to refusal, but unexplained inconsistency on important matters can.

Members generally distinguish between two types of difference:

• Minor, natural differences. Two people rarely remember the same restaurant, date or conversation in identical terms. Members expect some variation, and identical answers on every detail can themselves look rehearsed.
• Material inconsistencies. These go to the heart of the relationship, such as when the couple started living together, whether they live together now, whether a previous relationship had ended, or who lives in the household. Differences on these points usually need a clear explanation.

Published Tribunal decisions show that members look at the evidence as a whole. In Nguyen (Migration) [2018] AATA 5304, a Subclass 820 matter, the reported issues included a genuine spousal relationship, marital status with Centrelink, inconsistencies between the applicant and the sponsor at the hearing and a 19-year age difference, and the matter was remitted. In Raymont (Migration) [2020] AATA 5584, a Subclass 309 matter, the reported issues included the applicant's inaccurate knowledge of the sponsor, visits to each other's countries and methods of communication, and the matter was also remitted. Neither case means inconsistencies do not matter. They show that the member weighs inconsistency against everything else in the evidence.

A couple preparing for a partner visa ART hearing should identify likely inconsistencies before the hearing rather than discover them in it. The usual sources are:

• dates and addresses in the application that differ from leases, bills or travel records;
• statements made to Centrelink, banks or other agencies about relationship status;
• earlier visa applications that described the relationship or living arrangements differently;
• Form 888 statements that give a different version of when or how the couple met; and
• what each partner told the Department at any interview.

Where a genuine inconsistency exists, the honest approach is to acknowledge it and explain it. A member is far more likely to accept a frank explanation than a denial that is contradicted by the documents.

Credibility at a partner visa ART hearing

Credibility at a partner visa ART hearing means whether the member believes the evidence given, and it is assessed from the detail, consistency, plausibility and frankness of each person's answers. Credibility is often the deciding factor in a review about the genuineness of a relationship.

Several published Tribunal decisions describe the Tribunal's findings in terms of credibility. In Huang (Migration) [2021] AATA 5004, a Subclass 820 matter, the reported issues included that the applicant was in a genuine relationship, that the parties were validly married at the date of the decision, and a credible and honest witness. In Jeong (Migration) [2020] AATA 1820, the Tribunal described a truthful and credible witness and substantial corroborative evidence. In NGUYEN (Migration) [2022] AATA 1940, a Subclass 820 matter, the reported issues included the financial, household and social aspects of the relationship and the nature of the commitment, and consistent and credible evidence.

The criteria themselves are the same ones the Department applied, which our 820 visa requirements and documents guide summarises. Credibility at a partner visa ART hearing is not about performing confidence. Nervousness is normal and members expect it. What matters is that the person:

• answers the question asked, rather than the question they hoped for;
• gives specific detail, such as names, places, sequences and reasons;
• says "I do not remember" when that is true, rather than guessing;
• corrects a mistake as soon as they realise they made one;
• does not exaggerate or add details they cannot support; and
• deals honestly with weaknesses in the case.

A member will generally put any significant concern to the applicant. If the member says that an answer seems inconsistent with a document, the best response is usually a calm, honest explanation. Arguing with the member or changing the story repeatedly tends to make matters worse.

Changes in the relationship before the partner visa ART hearing

Because the Tribunal decides the review on the evidence at the time of its decision, changes in the relationship since the refusal are relevant to the partner visa ART hearing and should be disclosed. Positive changes can help. A couple who have since married, moved in together, had a child or bought a home can give evidence about those changes.

Published Tribunal decisions include examples. In Huang (Migration) [2021] AATA 5004, the parties were validly married at the date of the decision. In Lin (Migration) [2021] AATA 4347, a Subclass 820 matter, the reported issues included a civil partnership registered before the visa application and the parties validly marrying between applying for review and the hearing. Changes that do not help must also be disclosed honestly, including separations. Our articles on what happens if the relationship breaks down during a Subclass 820 application and on Form 1022 change of circumstances explain the related obligations.

Where the relationship has ended because of family violence by the sponsor, different provisions may apply, and the partner visa ART hearing may focus on those provisions. Our family violence partner visa lawyers page explains how those matters are handled. Anyone in immediate danger should contact police on 000.

Witness evidence at a partner visa ART hearing

Witness evidence at a partner visa ART hearing is oral evidence from people who know the couple and can describe the relationship from their own observation. Good witnesses can be among the most persuasive evidence in a review, because they confirm independently what the couple say about their life together.

A review applicant can ask the Tribunal to hear from particular witnesses. The request is usually made in writing before the hearing and should give each witness's name, contact details and a short explanation of what they can speak about. The Tribunal decides whether to take evidence from a witness, and it often hears witnesses by telephone, which makes it practical for people interstate or overseas to give evidence.

Published Tribunal decisions repeatedly refer to witness evidence. In Thota (Migration) [2020] AATA 4222, a Subclass 820 matter about the Schedule 3 criteria and compelling reasons for a waiver, the reported issues included the oral evidence of the sponsor's son and daughter-in-law. In Schaller (Migration) [2018] AATA 3436, a Subclass 820 de facto matter, the reported issues included statements from friends and family and oral evidence by the sponsor's mother. In FERMINO DA SILVA (Migration) [2019] AATA 2472, a Subclass 820 matter, the reported issues included evidence from witnesses that was particularly persuasive. In Wang (Migration) [2018] AATA 4736, the reported issues included credible witnesses and statements of support from family and housemates.

Choosing witnesses for a partner visa ART hearing

The best witnesses for a partner visa ART hearing are people who have seen the couple together regularly over a meaningful period, and who can speak from first-hand knowledge. Quality matters far more than numbers.

Strong witnesses often include:

• family members of either partner who spend time with the couple;
• close friends who socialise with the couple;
• housemates, landlords or neighbours who see the household day to day;
• colleagues or community members who know the couple as a couple; and
• people who attended the wedding, engagement or other key events.

Weak witnesses are people who have met the couple once or twice, who repeat what the couple told them rather than what they saw, or who are reluctant to attend. A witness who gives a vague answer, or who contradicts the couple on basic facts, can do more harm than good. Witnesses who have already made a Form 888 statement are often natural choices, but they should be reminded of what they wrote. Our article on Form 888 example answers and common mistakes explains why copied or generic Form 888 statements are a problem, and the same concern applies to oral evidence.

Preparing witnesses without coaching them

Witnesses for a partner visa ART hearing should be told what the hearing is about and how it works, but they must never be told what to say. Coached evidence is usually obvious to an experienced member, and it can destroy the credibility of the whole case.

Appropriate preparation includes telling the witness:

• the date and time of the hearing, and that the Tribunal may call them at any point during it;
• that they will be asked to promise to tell the truth;
• that the member will ask how they know the couple and what they have observed;
• that they should answer only from their own knowledge and say when they do not know something; and
• that they may ask for an interpreter if they need one.

It is not appropriate to give a witness a list of dates to memorise, to tell them what the couple said in their own evidence, or to suggest answers. The witness's evidence should be their own.

Witnesses who live overseas

Witnesses outside Australia can often give evidence at a partner visa ART hearing by telephone or video, subject to the Tribunal's arrangements. This is common in Subclass 309 and Subclass 300 reviews, where much of the couple's shared life may have taken place overseas. Time zones, interpreter needs and reliable contact details should be confirmed well before the hearing. In Gillard (Migration) [2019] AATA 2934, the relatives' evidence was found credible in a matter involving an arranged marriage and a language barrier.

How to prepare for a partner visa ART hearing: a practical plan

The most effective preparation for a partner visa ART hearing is structured, honest and started early, and it focuses on the issues the member is likely to examine. A practical plan usually follows these steps.

• Read the refusal decision record. List each adverse finding and note the evidence that answers it.
• Re-read the full application. Check every date, address and statement that was lodged with the Department, including Form 888 statements and any interview record.
• Build a timeline. Each partner should prepare their own timeline of the relationship from first meeting to today, using photographs, messages, tickets and bank records to refresh memory. Compare the two timelines and resolve real errors through documents, not through rehearsal.
• Identify inconsistencies. Find any differences between the documents, the earlier statements and the couple's present recollection, and prepare an honest explanation for each.
• Update the relationship evidence. The Tribunal decides on the evidence at the time of its decision, so recent evidence of the relationship is relevant.
• Confirm witnesses. Choose witnesses carefully, confirm their availability and give the Tribunal their details within the time it allows.
• Request an interpreter. Confirm the language and dialect for each person who needs one.
• Lodge documents by the date set. The hearing invitation or the Tribunal's directions usually say when further documents and submissions must be provided. Late material may not be considered properly.
• Prepare written submissions. Submissions explain how the evidence meets each criterion. They should be concise and directed to the refusal reasons.
• Check the technology or the travel. Test the video link or plan the route to the registry.

Preparing evidence for the review is a separate task from preparing for the hearing itself, and both matter. Our guide on the 820 partner visa evidence checklist and the partner visa document checklist explain the kinds of documents that typically support each aspect of a relationship.

What to bring to a partner visa ART hearing

For an in-person partner visa ART hearing, each person should bring photographic identification, the hearing notice, copies of any documents they intend to refer to, and a short list of key dates if they find it helpful to read before the hearing starts. Documents should already have been lodged with the Tribunal by the date it set. Bringing a new bundle on the day is not a substitute for lodging it on time.

For a video or telephone hearing, the same documents should be within reach, a charger should be plugged in, and the room should be quiet and private. Each person should have the Tribunal's contact details in case the connection drops. A person giving evidence should not read from notes while answering questions unless the member permits it. Members generally want to hear the person's own recollection.

Special issues that can arise at a partner visa ART hearing

Not every partner visa ART hearing is only about whether the relationship is genuine. Several other criteria can be in dispute, and the hearing then turns on different evidence.

Schedule 3 at a partner visa ART hearing

Where an onshore applicant did not hold a substantive visa when applying, the review may turn on the Schedule 3 criteria and whether compelling reasons justify waiving them. At the partner visa ART hearing, the member will usually ask how the applicant came to be without a visa, how long the relationship has lasted, whether there are children and what hardship departure would cause. In Thota (Migration) [2020] AATA 4222, the reported issues included Schedule 3, an application lodged outside the relevant timeframe, compelling reasons for a waiver and the oral evidence of family members. Our Schedule 3 waiver page, our article on Schedule 3 criteria when you are unlawful and our guide to the Schedule 3 partner visa waiver explain this area.

Missing documents and sponsorship forms

Some refusals result from a document or form that was not provided to the Department. In Manalo (Migration) [2024] AATA 1927, a Subclass 820 matter, the reported issues included 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. Where the missing material can now be provided, it should be lodged with the Tribunal before the partner visa ART hearing, and the couple should be ready to explain why it was not provided earlier.

Character, health and the integrity criterion

If the refusal involved character, health or PIC 4020, the member will want evidence and explanation on those points. These issues raise distinct legal tests and are not resolved by relationship evidence alone. Where the issue is character under section 501, the review pathway and the division of the Tribunal may differ, and our visa cancellations page explains how those matters are approached.

What happens after the partner visa ART hearing?

After the partner visa ART hearing, the member either gives a decision at the end of the hearing or, more often, reserves the decision and sends a written statement of the decision and reasons later. The member may also allow the couple a short period after the hearing to provide further documents or comments, particularly if new issues arose.

If the review succeeds, the Tribunal usually remits the application to the Department of Home Affairs for reconsideration, with a direction that a particular criterion is met. The Department then finalises the remaining criteria, which may include health checks, police certificates and other public interest criteria, before deciding the application. A remittal is not itself a visa grant. Our article on partner visa processing times for a Subclass 820 explains the general processing stages, and our guide to Subclass 820 vs Subclass 801 explains the two-stage structure that continues after a remittal.

If the Tribunal affirms the refusal, the options narrow. Judicial review is available only for legal error, not to re-argue the facts, and strict time limits apply. Our judicial review page explains what a court can and cannot do. Whether a fresh application is possible depends on the applicant's location, visa status and any bar on further applications. Our guide on applying for a partner visa after a visa refusal and our article on condition 8503 and the Subclass 820 explain those questions.

While the review is ongoing, many onshore applicants hold a bridging visa. Our guides to bridging visas in Australia, Bridging Visa A and work rights while waiting for a Subclass 820 explain the conditions that may apply. Travel during a review should be checked carefully, and our article on Bridging Visa B explains the travel rules.

What if you cannot attend the partner visa ART hearing?

If the review applicant cannot attend the partner visa ART hearing, they should contact the Tribunal immediately, explain the reason and ask for the hearing to be rescheduled, providing evidence such as a medical certificate. Requests made early, with a genuine reason and supporting evidence, are more likely to be accepted than last-minute requests.

Failing to attend without notice is serious. If the applicant does not appear at a hearing and the Tribunal is satisfied that proper notice was given, the Tribunal may dismiss the application under the Administrative Review Tribunal Act 2024. Section 368C of the Migration Act allows an applicant to apply for reinstatement of a dismissed migration review, but the period to do so is short. Published decisions such as McMartin (Migration) [2018] AATA 1902 and Lau (Migration) [2018] AATA 1897 record that the applicant lost the right to a hearing, yet the matters were still remitted on the evidence available. Those outcomes depended on their own facts and should never be relied on. The safe course is always to attend, or to seek a new date well before the partner visa ART hearing.

Common mistakes at a partner visa ART hearing

The most common mistakes at a partner visa ART hearing are avoidable, and most come from poor preparation or from trying to make the case look better than it is.

• Memorising answers. Rehearsed evidence sounds rehearsed. Members often ask questions in an unexpected order to test spontaneity.
• Guessing. A confident wrong answer can create an inconsistency that did not need to exist. "I do not remember" is an acceptable answer when it is true.
• Hiding weaknesses. If the member already has a document showing a separation, a different address or an earlier relationship, a denial will damage credibility.
• Arguing with the member. The member is deciding the case. Calm, respectful answers are always better.
• Choosing the wrong witnesses. A witness who barely knows the couple, or who has been told what to say, can harm the case.
• Lodging documents late. Material lodged on the day may not receive full consideration.
• Declining an interpreter. Pride in English skills is understandable, but the hearing is not the place to test them.
• Ignoring non-relationship issues. Schedule 3, sponsorship limitations, PIC 4020, health and character require their own evidence.

Couples who handled the original application themselves sometimes engage a lawyer only for the review. Our articles on hiring an immigration lawyer after lodging your own application, on what a visa appeal lawyer does and on getting a second opinion from an immigration lawyer explain how that works.

Help with a partner visa ART hearing anywhere in Australia

My Migration Lawyers prepares couples for partner visa ART hearings across Australia, with consultations by video. Couples in New South Wales often reach us through our pages for partner visa lawyers in Sydney and partner visa lawyers in Parramatta. In Victoria and Queensland, see our pages for partner visa lawyers in Melbourne, partner visa lawyers in Brisbane and partner visa lawyers on the Gold Coast. Couples in Western Australia, South Australia, the Australian Capital Territory and Tasmania can read about partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers in Canberra and partner visa lawyers in Hobart.

Where a review involves more than the relationship, our pages for immigration lawyers in Sydney and immigration lawyers in Melbourne describe the wider services. Couples comparing firms may find our guides to the best partner visa lawyer in Australia and the best partner visa lawyer in Sydney useful for knowing what to ask. If you are weighing whether to proceed without a lawyer, read partner visa lawyer vs doing it yourself.

How My Migration Lawyers prepares clients for a partner visa ART hearing

My Migration Lawyers acts in many partner visa reviews before the Administrative Review Tribunal, including complex matters involving disputed relationship evidence, inconsistent earlier statements, Schedule 3, sponsorship limitations and offshore Subclass 309 refusals. The firm is capable of handling these matters because preparation for a partner visa ART hearing begins with a careful legal reading of the refusal, not with a template.

When preparing a client for a partner visa ART hearing, My Migration Lawyers usually:

• analyses the Department's decision record and identifies every finding the member is likely to examine;
• compares the original application, Form 888 statements, interview records and earlier visa applications to find inconsistencies before the member does;
• advises the client on what further evidence genuinely exists and how it should be presented to the Tribunal;
• prepares written submissions that address each criterion in dispute, including Schedule 3, PIC 4020 or the sponsorship limitations where they arise;
• explains to the applicant, the sponsor and each witness how the hearing works, without telling anyone what to say;
• arranges the witness and interpreter requests with the Tribunal; and
• attends the partner visa ART hearing with the client, makes submissions and deals with any adverse information the member raises.

The relationship evidence is always the client's own. The client's statements are their own account, which the client reviews and corrects. The lawyer decides how the legal argument is put and which legal issues are pressed before the Tribunal.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our partner visa lawyers service and our visa refusals service. If your partner visa ART hearing is coming up, or you have just applied for review, book a consultation or call 1300 040 300.