Partner Visa ART Review: How the Process Works

A partner visa ART review is the process by which the Administrative Review Tribunal (ART) reconsiders a decision of the Department of Home Affairs to refuse a partner visa. If your partner visa has been refused and you still have time to apply, the partner visa ART review is usually the most important step you will take in the whole application.

This guide explains how a partner visa ART review works, step by step, from lodgement to decision. It covers who can apply, how the application is lodged properly and on time, what the Tribunal receives from the Department, written submissions, new evidence, witnesses, the hearing, the decisions the Tribunal can make, and what happens after the Tribunal decides. It is written for couples who hold a refusal decision now and want to understand the process before they commit to it. If you have only just received the refusal, our page on partner visa refusals explains the first steps, and our article on partner visa refusal appeal options sets out the choices available.

What is a partner visa ART review?

A partner visa ART review is a merits review of a refused partner visa application, conducted by the Administrative Review Tribunal. Merits review means the Tribunal does not only check whether the Department made a mistake. It stands in the shoes of the original decision maker and decides for itself whether the visa criteria are met.

That point is often misunderstood. Many applicants think of a partner visa ART review as an "appeal" in which they must prove the case officer was wrong. In fact, the Tribunal makes a fresh decision on the evidence before it at the time of its own decision. Evidence that the Department never saw can be put before the Tribunal. Circumstances that have changed since the refusal can be taken into account. A weak application can become a strong review.

The ART replaced the Administrative Appeals Tribunal (AAT). Decisions of the former AAT are still cited, and several of the decisions referred to in this guide were made by the AAT. The core principles of a partner visa ART review remain the same: the Tribunal reviews the decision on its merits, and the applicant has the opportunity to present evidence and arguments.

For a general explanation of what review involves across all visa types, see our article on what to expect in an ART review after a visa refusal. Our visa refusals service page explains how My Migration Lawyers acts in Tribunal matters generally. This article focuses on the partner visa ART review in particular, because partner visa reviews raise issues that do not arise in other visa types: two people give evidence, a genuine relationship must be proved, and the relationship continues to develop while the review is pending.

What the Tribunal cannot do

The Tribunal has wide powers, but they are not unlimited. It can only review the decision that was made, on the visa application that was lodged. It cannot convert a partner visa application into a different visa subclass. It cannot waive a criterion that the law does not allow to be waived. It cannot grant a partner visa where a mandatory criterion is not met, however sympathetic the circumstances. It is bound by the Migration Act 1958, the Migration Regulations 1994 and the relevant Ministerial directions, as the Department is. Understanding these limits early helps a couple decide whether a partner visa ART review is the right step, and helps them focus the review on the criteria that can actually be satisfied.

A partner visa ART review compared with applying offshore

For many refused couples, the alternative to a partner visa ART review is for the applicant to leave Australia and apply for an offshore Subclass 309 visa. The two paths are very different. A review keeps the existing application alive and, in most cases, keeps the applicant in Australia on a bridging visa while the Tribunal decides. An offshore application starts again, requires the applicant to be outside Australia at lodgement and grant, and may raise questions about exclusion periods or re-entry depending on the applicant's immigration history. The offshore route may still be the better choice where the refusal reasons cannot be answered on review. That decision should be made on advice, before the review deadline passes, because once the deadline has passed the review option is gone.

Who can apply for a partner visa ART review?

The person who can apply for a partner visa ART review depends on where the visa application was made. For an onshore application, the applicant applies. For a Subclass 309 refusal, the applicant also applies, in their own name, and does not need to be in Australia.

Onshore Subclass 820 and Subclass 801 refusals

An onshore partner visa is a combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa. A refusal of that application is a reviewable migration decision. The applicant, who must be in Australia, applies for the partner visa ART review in their own name. The sponsor does not lodge the review, but the sponsor is a central witness and usually gives evidence at the hearing.

A refusal at the permanent Subclass 801 stage, after the Subclass 820 visa was granted, can also be reviewed. The issues at that stage are often different, because the Department is looking at whether the relationship has continued. Our Subclass 820 vs Subclass 801 guide explains the two stages.

Offshore Subclass 309 refusals: the applicant applies

For an offshore Subclass 309 visa refusal, the visa applicant applies for the partner visa ART review, in their own name, from wherever they are. The Australian sponsor has no standing to apply. A Subclass 309 refusal is prescribed for review under section 338(9) of the Migration Act 1958 by regulation 4.02(4)(saa) of the Migration Regulations 1994, and regulation 4.02(5)(raa) gives the right to apply to the applicant. This changed in 2023, when the Subclass 309 could be granted in Australia and review standing moved from the sponsor to the applicant, so older guidance saying the sponsor applies is out of date. My Migration Lawyers works closely with the Australian sponsor in an offshore matter, but the review application is lodged in the applicant's name. The sponsor can still give evidence and is usually a central witness.

When there is no partner visa ART review

Not every partner visa decision can be reviewed. Where a Subclass 309 holder is outside Australia when the permanent Subclass 100 visa is refused, there is no merits review of that decision. Other decisions, such as a decision that an application was never valid, may not be reviewable in the same way, because there is no refusal to review. Our article on visa appeal lawyers explains how review rights differ between decisions. The refusal letter states whether the decision is reviewable and who may apply. Read that part of the letter first.

Why a fresh partner visa application is usually not the answer

After an onshore partner visa refusal, lodging a fresh partner visa application in Australia is generally not possible, so the partner visa ART review is usually the only way to keep the onshore application alive. This is one of the most common and most costly misunderstandings.

A person in Australia who does not hold a substantive visa and has had a visa refused since last entering Australia is affected by section 48 of the Migration Act 1958. The Partner class remains available to section 48 affected applicants in some cases, but Schedule 1 item 1124B(3)(e) adds extra validity requirements. One of them is that the applicant must not have been refused a partner visa since last entering Australia. An applicant whose onshore partner visa has just been refused cannot meet that requirement. Travelling on a bridging visa does not reset it.

The practical result is that, for most applicants who are refused onshore, the choice is between a partner visa ART review and leaving Australia to apply offshore for a Subclass 309 visa. Our article on applying for a partner visa after a visa refusal explains section 48 in more detail. The point to take from it here is simple: do not let the review deadline pass on the assumption that you can lodge again.

The deadline for a partner visa ART review

The deadline for a partner visa ART review is short, runs from the date you are notified of the refusal, and cannot be extended. The Tribunal has no power to accept a late application. A late application is not a valid application, and the Tribunal has no jurisdiction to review the decision.

When time starts

Time starts when the refusal decision is notified, which is not always the date written on the letter. The method of notification, such as email to the address given in the application or to an appointed representative, affects when you are taken to have received it. The refusal letter itself states the period for applying and how it is calculated. If you are unsure of the exact final day, treat the earliest possible date as the deadline and act before it.

A shorter period applies to people in immigration detention. Anyone in detention who has received a partner visa refusal should obtain advice immediately.

Why the deadline cannot be extended

The time limit for a partner visa ART review is set by the Migration Act 1958 and is strictly applied. It is not a matter of discretion. The Tribunal cannot extend it for illness, travel, a misunderstanding, or a delay by a representative. That is why the lodgement of the partner visa ART review should never wait for the evidence to be ready. The application is lodged first. The evidence, the submissions and the witnesses follow during the review. Our guide to urgent immigration lawyer advice explains what to have ready if you are close to the deadline.

How to lodge a partner visa ART review properly

A partner visa ART review is lodged with the Administrative Review Tribunal, usually online, by the person who has the right to apply, before the deadline, with a copy of the decision being reviewed. Each of those elements matters. An application lodged by the wrong person, or without the information the Tribunal requires, can cause avoidable problems.

What the application must include

The application identifies the applicant for review, the decision under review and the Department's file reference. The refusal letter and the decision record should be attached. Contact details matter more than people expect: the Tribunal sends invitations, requests and its decision to the address given, and a missed letter can mean a missed hearing. In an offshore matter, the sponsor's details are given as the applicant for review, and the visa applicant's details are given as the person who applied for the visa.

Couples sometimes delay lodgement because they want to write a full explanation of why the refusal was wrong. That is not necessary at lodgement. The partner visa ART review application is a procedural document. The case is argued later, in written submissions and at the hearing.

Appointing a representative

A lawyer or registered migration agent can act for the applicant in a partner visa ART review. The appointment is notified to the Tribunal, and from then on the Tribunal generally corresponds with the representative. If you already had a representative for the visa application, the appointment for the Department does not automatically carry over to the Tribunal. Our article on Form 956 and 956A explains how appointments work with the Department. If you lodged your own partner visa and now want legal help for the review, our guide to hiring an immigration lawyer after lodging your own application explains how that transition works, and our article on changing your immigration lawyer explains how to move a matter between representatives.

Where our partner visa ART review clients are located

My Migration Lawyers acts in partner visa ART review matters for applicants and sponsors throughout Australia, and every consultation is conducted by video. Tribunal hearings are also commonly held by video or telephone, so the couple's location rarely limits who can act for them. Couples in New South Wales can read about our partner visa lawyers in Sydney and Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The law that governs a partner visa ART review is the same in every state and territory.

What happens after a partner visa ART review is lodged

After a partner visa ART review is lodged, the Tribunal acknowledges the application, obtains the Department's file, allocates the matter to a member, and sets the steps the case will follow until a hearing or decision. The period between lodgement and hearing is the period in which the case is built. It should be used.

The Department's file

The Department gives the Tribunal the documents relevant to the decision, including the visa application, the evidence lodged, the case officer's notes and the decision record. The member reads that material before the hearing. Anything inconsistent, missing or unexplained in the Department's file will be visible to the member. An applicant can ask for a copy of the documents before the hearing, and in a partner visa ART review it is generally wise to do so. The applicant should know exactly what the member will read, including any information the Department relied on that the couple has never seen.

Allocation to a member and case events

The matter is allocated to a Tribunal member, who decides the review. The Tribunal may write with case events, such as a request for documents, a timetable for written submissions, or an invitation to a hearing. Each letter has a response date. A missed date can limit what the applicant can put forward or lead to a decision being made on the material already held. Every letter from the Tribunal in a partner visa ART review should be read on the day it arrives.

Your bridging visa while the partner visa ART review is pending

A person who held a Bridging Visa A linked to the refused partner visa application generally keeps a bridging visa while a valid partner visa ART review is pending. This is one of the main practical reasons a valid application for review matters: it generally keeps the applicant lawful in Australia while the Tribunal decides.

The position depends on the bridging visa the person holds and its conditions. A person on a Bridging Visa C or a Bridging Visa E is in a different position, and the conditions on that visa, including any work restrictions, continue to apply. Our article on bridging visas in Australia explains the different types, and our guide to the Bridging Visa A explains its work and travel conditions.

Travel during a partner visa ART review needs care. A Bridging Visa A does not allow the holder to return to Australia after leaving. A Bridging Visa B is generally needed before departure, and leaving without one can end the bridging visa. A person on a Bridging Visa E cannot travel and return on it at all. No applicant should leave Australia during a partner visa ART review without advice, because departure can affect both their lawful status and the review itself.

Written submissions in a partner visa ART review

Written submissions are the legal argument in a partner visa ART review: a document that identifies the criteria in issue, explains why each is met, and points the member to the evidence that proves it. A clear submission tells the member, before the hearing begins, what the case is about and why the applicant should succeed.

Starting with the decision record

The submission starts from the decision record. The decision record states which criteria the Department found were not met and why. Most partner visa refusals turn on one or two findings, such as that the relationship is not genuine and continuing, that Schedule 3 is not met, or that a health or character requirement has not been satisfied. Our analysis of why partner visas get refused and our article on why Subclass 820 partner visas are refused describe the common findings.

Although the Tribunal decides the whole case afresh, the decision record shows where the risk lies. A submission that answers each finding directly, with evidence, is usually more useful than a long narrative of the relationship.

What a strong submission contains

In a partner visa ART review about a genuine relationship, the submission usually sets out the legal test in section 5F (spouse) with regulation 1.15A, or section 5CB (de facto) with regulation 1.09A. It then addresses the four aspects of the relationship: the financial aspects, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. Each aspect is supported by references to specific documents, not general claims.

Where the refusal turned on another criterion, the submission addresses that criterion in the same way. Where the Department's reasons contained an error of fact or misunderstood the evidence, the submission identifies the error and corrects it with the documents. The submission should also deal frankly with any weaknesses, such as a gap in cohabitation or an inconsistency in earlier statements. The member will notice them anyway. A partner visa ART review submission that explains them first is more credible.

When submissions are lodged

Submissions and evidence should be lodged by the date the Tribunal sets, or, if no date is set, well before the hearing. A member who receives a large bundle of documents on the morning of the hearing has little time to read it, and may adjourn or give it less attention than it deserves. In a partner visa ART review, the aim is for the member to have read the submissions, the relationship statement and the key evidence before the first question is asked. Further short submissions can be lodged after the hearing if the member allows it, for example to answer a point raised at the hearing.

New evidence in a partner visa ART review

Yes, new evidence can be given in a partner visa ART review. The Tribunal decides on the evidence before it at the time of its decision, so documents and statements the Department never saw can be considered, and events since the refusal can be taken into account.

This is often the single largest difference between the Department's decision and the Tribunal's. In Vu (Migration) [2023] AATA 2881, the recorded issue was that extensive evidence was provided to the Tribunal, and the Tribunal remitted the matter to the Department for reconsideration. The decision illustrates the point that a partner visa ART review is not confined to the material that was before the case officer.

Relationship evidence

Relationship evidence on review should fill the gaps the case officer identified. Joint financial records, a lease or mortgage, utility accounts, correspondence, travel records, photographs over time, and evidence of how the couple presents to family and friends can all be added. The couple's relationship statement can be updated to deal with issues raised in the decision. Our guide to partner visa relationship evidence explains what is useful for each of the four aspects, and our guide to preparing evidence of a genuine relationship explains how to organise it. The 820 partner visa evidence checklist and our partner visa document checklist are also useful starting points for the partner visa ART review.

There is one relationship statement, and it is the couple's own account. On review, the couple may add to it or correct it, and My Migration Lawyers presents it in the form the Tribunal can use. Our guide to the partner visa relationship statement explains its structure.

Health, character and other criteria

Some refusals have nothing to do with the relationship. A partner visa may be refused because health examinations were not completed, a police certificate expired or was not provided, or the Department did not receive a requested document. Those problems can often be fixed on review by providing what was missing. In Freeland (Migration) [2024] AATA 1083, the recorded issues were that evidence of a health examination was provided to the Tribunal and that the decision was made without a hearing, and the Tribunal remitted the matter. Character documents, including Form 80 where requested, must be accurate and consistent with the immigration record. Our guide to completing Form 80 without errors explains the common traps.

Changes in circumstances since the refusal

Circumstances that have changed since the refusal can be relevant in a partner visa ART review. A couple may have married, had a child, bought a home or lived together for a longer period. In THAPA (MIGRATION) [2026] ARTA 962, the recorded issue was that the couple were validly married after the delegate's decision, and the Tribunal remitted the matter to the Department for reconsideration. Changes should be documented and put before the Tribunal, not mentioned for the first time at the hearing.

Some changes are adverse, such as a separation. Those must also be dealt with honestly. Our article on Form 1022 change of circumstances explains the general obligation to notify changes, and the relationship breakdown section below explains how separation affects the review.

Witness evidence and Form 888 statements

Witness evidence in a partner visa ART review comes in two forms: written Form 888 statements from people who know the couple, and oral evidence given at the hearing by the applicant, the sponsor and any other witnesses the member agrees to hear. Both can be decisive where the Department doubted the relationship.

Form 888 statements are supporting statements made by Australian citizens or permanent residents who know the couple. On review, new Form 888 statements can address the specific doubts in the decision record, for example by describing the couple's household or how they are known as a couple in their community. Our articles on Form 888 for a partner visa and on Form 888 example answers and common mistakes explain who can make one and what it should say.

The Tribunal may also hear oral evidence from witnesses. A witness whose written statement is persuasive may be asked to attend so the member can test it. In Manalo (Migration) [2024] AATA 1927, the recorded issues were prehearing, oral and witness evidence, and the Tribunal remitted the matter. Witnesses in a partner visa ART review should be people who genuinely know the couple and can speak from their own observation. A witness who has met the couple twice adds little. A witness who has lived with them, worked with them or shared family events with them over years can add a great deal.

The partner visa ART review hearing

The hearing is the central event of most partner visa ART review matters: the member questions the applicant, the sponsor and any witnesses, usually separately, to decide whether their evidence is credible and whether the visa criteria are met. Hearings are usually held by video or telephone, or in person, and are less formal than a court.

Before the hearing

The Tribunal sends an invitation to appear at a hearing, stating the date, time and format. The applicant should confirm attendance, request an interpreter if needed, and identify any witnesses before the date set by the Tribunal. Final submissions and evidence are usually lodged before the hearing, so the member has read them in advance. Preparation is not rehearsal. The couple should review their own statements, the documents lodged and the decision record, so they know what the member already has.

Interpreters

An applicant or witness who is not fully comfortable giving evidence in English should ask for an interpreter. The Tribunal generally arranges one in the requested language. Giving evidence through an interpreter is normal and does not count against anyone. Struggling through complex questions in a second language can produce answers that sound inconsistent when they are not.

Questions to each partner

In a partner visa ART review about a genuine relationship, the member usually questions the applicant and the sponsor separately. Questions cover how they met, how the relationship developed, living arrangements, finances, family and friends, daily routine, significant events and plans for the future. The member compares the answers with each other and with the documents. The purpose is not to trick the couple. It is to test whether two people who share a life describe it in a consistent way.

Consistency

Consistency is the issue on which many partner visa ART review hearings turn. Small differences are normal, because two people remember events differently. Significant differences on central matters, such as when the couple started living together, are not. Where the written record contains an error, such as a wrong date in the application form, it should be identified and explained in the submissions before the hearing, rather than discovered by the member.

Vulnerable applicants and capacity

Some applicants find giving evidence especially difficult because of illness, trauma or other circumstances. Where that is the case, the Tribunal should be told in advance, with supporting evidence, so it can consider how the hearing is conducted. In 2210939 (Migration) [2026] ARTA 699, the recorded issue was that PTSD symptoms affected the applicant's capacity to partake in the hearing, and the Tribunal remitted the matter to the Department for reconsideration. A partner visa ART review hearing should be one in which the applicant can actually give their evidence.

Adverse information invitations in a partner visa ART review

The Tribunal may write to the applicant inviting comment on information that it considers would be the reason, or part of the reason, for affirming the refusal. This is an adverse information invitation, and in a partner visa ART review it must be answered carefully and on time.

Such information may come from the Department's file, from an earlier visa application, from a previous relationship, or from evidence given at the hearing. A common example is an inconsistency between what was said in an earlier visitor or student visa application and what was said in the partner visa application. The invitation states how and by when to respond. A response that ignores the issue, or answers it with a general denial, is rarely persuasive. A response that explains the information with evidence often is. The same approach applies to a section 57 letter from the Department, and our article on responding to a section 57 natural justice letter explains it. If the visa refusal followed an unanswered request from the Department, our guide to responding to a section 56 request for more information explains what that request involved.

Can the Tribunal decide a partner visa ART review without a hearing?

Yes, in some cases the Tribunal can decide a partner visa ART review without a hearing, generally where the material already before it allows a decision in the applicant's favour. Freeland (Migration) [2024] AATA 1083, referred to above, is recorded as a decision made without a hearing, in a matter where evidence of a health examination was provided to the Tribunal.

This is most likely where the refusal turned on a single document that was missing, and the document has now been provided. It is not something to plan around in a contested relationship case. In a partner visa ART review where credibility is in issue, the applicant should expect a hearing and prepare for one.

What happens if you do not attend the partner visa ART review hearing?

If the applicant does not attend a hearing after being properly invited, the Tribunal may dismiss the application under section 99 of the Administrative Review Tribunal Act 2024, or it may decide the review on the material before it. Either way, the applicant loses the opportunity to give evidence in person, and that opportunity is usually the strongest part of a partner visa ART review.

In Lau (Migration) [2018] AATA 1897, the recorded issues were that the applicant had lost the right to a hearing and Schedule 3, and the Tribunal remitted the matter to the Department for reconsideration. That decision should not be read as a reason to take non-attendance lightly. The safe course is to keep the Tribunal's records up to date, read every letter, confirm attendance, and tell the Tribunal straight away if illness or another serious problem makes attendance impossible on the date set.

Withdrawing a partner visa ART review

An applicant can withdraw a partner visa ART review under section 95 of the Administrative Review Tribunal Act 2024. Withdrawal ends the review, and the Department's refusal stands. Couples sometimes consider withdrawing because they plan to apply offshore, or because the relationship has ended. Withdrawal can affect bridging visa status and future options, so it should only be done after advice on the consequences.

What decisions can the Tribunal make in a partner visa ART review?

In a partner visa ART review, the Tribunal can affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the matter to the Department for reconsideration with directions. These powers come from section 349(2) of the Migration Act 1958, read with section 105 of the Administrative Review Tribunal Act 2024.

In practice, the outcome that matters most in a successful partner visa ART review is remittal. The Tribunal usually decides the criteria in dispute, such as the genuine relationship or Schedule 3, and then remits the application to the Department with a direction under regulation 4.15 that the applicant is taken to satisfy a specified criterion. The Tribunal does not usually grant the visa itself.

The Tribunal must give a written statement of its decision and reasons under section 368 of the Migration Act 1958, and must notify the applicant of the decision under section 368A. The reasons explain the findings on each issue. Where the decision is to affirm, the reasons are the starting point for any assessment of judicial review.

What happens after a remittal in a partner visa ART review?

After a remittal, the application goes back to the Department, which must reconsider it in accordance with the Tribunal's directions and then decide the criteria that remain, such as health, character, identity and any other outstanding requirement. The Department must reconsider the application on the basis that the criterion specified in the Tribunal's direction is met.

A remittal is therefore a major step, but it is not yet a grant. The Department may ask for updated health examinations, police certificates, Form 80 or other documents. Those requests should be answered fully and promptly. Where the sponsorship has not yet been approved, the Department will also decide it, including whether any sponsorship limitation under regulation 1.20J applies. Our page on partner visa sponsorship limitations explains those rules. The applicant must also continue to notify the Department of any change in circumstances while it completes the assessment. For an onshore application, the Department then decides the Subclass 820 stage, and the Subclass 801 stage follows later. Our Subclass 820 visa explainer and our partner visa complete guide explain the stages that follow.

Some matters reach the Tribunal a second time after a court has set aside an earlier Tribunal decision. In Kusakabe (Migration) [2026] ARTA 1384, the recorded issues were a court remittal and the genuine relationship, and the Tribunal remitted the matter to the Department for reconsideration. A court remittal means the partner visa ART review is decided again, by the Tribunal, according to law.

Special issues in a partner visa ART review

Some partner visa ART review matters raise issues beyond the genuine relationship. Two of the most important are Schedule 3 and the end of the relationship.

Schedule 3 and compelling reasons on review

Where the applicant did not hold a substantive visa when the partner visa was lodged, subparagraph 820.211(2)(d)(ii) requires Schedule 3 criteria 3001, 3003 and 3004 to be met, unless the decision maker is satisfied there are compelling reasons for not applying them. On review, the Tribunal considers compelling reasons afresh. Following Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32, all of the applicant's circumstances up to the time of decision must be considered, so circumstances arising after the refusal, such as the birth of a child, can count. Our pages on the Schedule 3 waiver, the Schedule 3 criteria and the Schedule 3 partner visa waiver explain the law in detail.

If the relationship ends during the review

If the relationship ends while the partner visa ART review is pending, the Tribunal will generally affirm the refusal unless a special provision applies. Clause 820.221 allows grant despite the end of the relationship where the sponsor has died, or where the applicant suffered family violence committed by the sponsor, or where there is a child of the sponsor for whom the applicant has custody, access or maintenance arrangements. In each case the relationship must have been genuine until it ended. Our page on the family violence provisions for partner visas and our article on Subclass 820 relationship breakdown explain these provisions. The Tribunal must be told of the change. It should never learn of a separation for the first time at the hearing.

If the partner visa ART review fails: judicial review

If the Tribunal affirms the refusal, the applicant may seek judicial review in the Federal Circuit and Family Court of Australia, but only on the ground of jurisdictional error. Judicial review is not a second partner visa ART review. The court does not decide whether the relationship is genuine. It decides whether the Tribunal made a legal error that affected its decision, such as failing to consider a relevant claim, denying procedural fairness, or misapplying the law.

Strict time limits apply to judicial review, and the reasons for decision should be assessed promptly. If the court finds jurisdictional error, it usually sends the matter back to the Tribunal to be decided again. Our judicial review service page explains how My Migration Lawyers approaches those applications. Ministerial intervention exists in limited circumstances, but it is not a substitute for a properly prepared partner visa ART review.

Common mistakes in a partner visa ART review

The most common mistakes in a partner visa ART review are preventable. They include:

• Waiting for evidence before lodging, and missing the deadline.
• Assuming a fresh onshore partner visa can be lodged instead of seeking review.
• Lodging only the documents the Department already had, without addressing the reasons for refusal.
• Failing to obtain the Department's file and discovering adverse information at the hearing.
• Choosing witnesses who barely know the couple.
• Not requesting an interpreter when one is needed.
• Leaving Australia during the review without advice on the bridging visa.
• Not telling the Tribunal about changes, including a separation, a marriage or a new child.
• Not attending the hearing, or not updating contact details.

Our guide to getting a second opinion from an immigration lawyer may assist couples who have received conflicting advice about their review.

Choosing a lawyer for a partner visa ART review

A partner visa ART review is a legal proceeding before a tribunal, and the quality of the submissions, the evidence and the hearing preparation can decide it. Our article on when you need an immigration lawyer for a partner visa, our guide to the partner visa lawyer vs doing it yourself question and our article on whether to use a migration agent or a lawyer for a partner visa explain the practical considerations.

Couples comparing representatives can read our guides to choosing a partner visa lawyer in Australia, and by city, in Sydney, Melbourne, Brisbane or Perth. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Our guide to booking an immigration lawyer consultation explains what happens at a first consultation.

How My Migration Lawyers handles partner visa ART review matters

My Migration Lawyers deals with complex partner visa refusals and acts in many partner visa ART review matters, for onshore applicants and for Australian sponsors of offshore applicants. The firm is capable of handling reviews involving genuine relationship findings, Schedule 3, health and character issues, adverse information and relationship breakdown, and it approaches each review by working from the decision record to the evidence the Tribunal needs.

In practice, the firm's work on a partner visa ART review includes:

• Confirming who has the right to apply, calculating the deadline from the notification, and lodging the application properly and on time.
• Advising on the bridging visa position, travel and section 48 before any other step is taken.
• Obtaining and reviewing the Department's file, so that every finding and every piece of adverse information is known before the hearing.
• Identifying the criteria in issue and the evidence that answers each finding, and helping the couple gather it.
• Reviewing the couple's relationship statement and Form 888 statements, and presenting the couple's own account in the form the Tribunal requires.
• Preparing written submissions on the law and the evidence, including Schedule 3 compelling reasons where relevant.
• Preparing the applicant, the sponsor and witnesses for the hearing, arranging interpreters, and appearing with the client at the hearing.
• Responding to adverse information invitations, and managing the Department's requests after a remittal through to the decision.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's refusal work is on our partner visa refusals page and our visa refusals page. Information about the firm's partner visa practice is on our partner visa lawyers page, and more about the firm is on our about page.

If your partner visa has been refused and you are still within time to apply for a partner visa ART review, book a consultation online or call 1300 040 300.