Partner Visa Family Violence: Your Options

The partner visa family violence provisions allow a person whose relationship with their Australian sponsor has ended to remain in the partner visa process, and to be granted the visa, if the sponsor committed family violence. Partner visa family violence claims are governed by Division 1.5 of the Migration Regulations 1994 and by specific clauses in Schedule 2 for the Subclass 820, Subclass 801 and Subclass 300 visas.

Many people stay in a violent relationship because they believe that leaving will end their visa. That belief is wrong, and the law was written to prevent it. The Department's own policy states that the partner visa family violence provisions exist so that an applicant does not feel compelled to remain in a violent relationship for fear of losing their path to permanent residence.

This guide is written for a person who holds a pending onshore partner visa application, a Subclass 820 visa or a Subclass 300 Prospective Marriage visa, and who is experiencing family violence or has already left. It explains your options, who qualifies, the evidence the law accepts, the evidence it does not accept, and the parts of a partner visa family violence claim that are most often contested. The firm's service page on family violence partner visa claims explains how My Migration Lawyers acts in these matters.

If you are in immediate danger, call 000. Your safety comes before any visa question.

What are the partner visa family violence provisions?

The partner visa family violence provisions are a set of rules that let a partner visa applicant, or a Subclass 820 visa holder, be granted a partner visa even though the relationship with the sponsor has ended, provided the sponsor committed family violence and the relationship was genuine until it ended. They are an exception to the ordinary rule that the couple must still be in a genuine and continuing relationship when the visa is decided.

Without these provisions, the end of the relationship would normally lead to refusal. The onshore partner visa is lodged as a combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa, and each stage requires a continuing relationship. Our complete guide to partner visas in Australia explains that structure.

The partner visa family violence rules have two parts. The first part is in Schedule 2, in the criteria for each visa. Those clauses say when the relationship may have ended and the applicant can still be granted the visa. The second part is in Division 1.5 of Part 1 of the Regulations, regulations 1.21 to 1.27. Division 1.5 sets out what family violence means for these purposes, and the only kinds of evidence that can prove it.

Why the provisions matter for people who are still in the relationship

A person does not need to have left the relationship before seeking advice. Many clients first ask a quiet question: "If I leave, what happens to my visa?" The answer is that a partner visa family violence claim can keep the application alive after separation, but only if the facts and the evidence meet the law. Knowing that in advance allows a person to plan their safety and their visa position at the same time, rather than choosing between them.

Can you stay in Australia if your partner visa relationship ends because of family violence?

Yes, you may be able to stay in Australia and be granted the partner visa if the relationship ended and the sponsor committed family violence against you, a family member included in your application, or a dependent child, and the relationship was genuine until it ended. The application is not withdrawn simply because you separated.

The application continues while the Department assesses the partner visa family violence claim. If you hold a bridging visa linked to the partner visa application, that bridging visa generally continues while the application remains undecided. If you hold a Subclass 820 visa, it remains in effect while the Subclass 801 stage is assessed, unless something else ends it.

Three things follow. First, you should not withdraw the partner visa application because the sponsor demands it or because you assume it is over. Second, you should not leave Australia without advice, because leaving can end your bridging visa and complicate the claim. Third, the Department must be told about the end of the relationship. How and when that is done should be planned, because the notice is usually the first step in the partner visa family violence claim. Our article on what happens to a Subclass 820 application if the relationship breaks down explains the general position when no exception applies.

Who qualifies under the partner visa family violence provisions?

A person qualifies under the partner visa family violence provisions if they fall within one of the specific Schedule 2 clauses that allow grant after the relationship has ended, and if the sponsor is taken under Division 1.5 to have committed family violence. Each visa stage has its own clause.

Subclass 820 applicants whose relationship ended before the Subclass 820 decision

Clause 820.221(3) allows a Subclass 820 visa to be granted where the relationship with the sponsor has ended and the applicant, a member of the family unit included in the application, or a dependent child of the applicant or the sponsor has suffered family violence committed by the sponsor. The same subclause also covers applicants who have custody, joint custody or access to a child of the sponsor, or who have the benefit of Family Law Act orders or child maintenance obligations. The applicant must still show that they were the sponsor's spouse or de facto partner, under section 5F or section 5CB of the Migration Act 1958, until the relationship ended.

Subclass 820 holders waiting for the Subclass 801 decision

Subclause 801.221(6) applies where the relationship has ended after the Subclass 820 visa was granted and the applicant, or a dependent child, has suffered family violence committed by the sponsor. An applicant who meets subclause 801.221(6) does not need to wait the usual period before the Subclass 801 visa is decided. That is a significant point: a partner visa family violence claim at the permanent stage can lead to permanent residence earlier than the ordinary timeline. Our Subclass 820 vs Subclass 801 guide explains the two stages.

Subclass 300 holders who married their sponsor

A Subclass 300 Prospective Marriage visa holder who married their sponsor, and whose relationship then ended because of family violence before the Subclass 820 application was made, is covered by subclause 820.211(8). A former Subclass 300 holder who married the sponsor while the Subclass 300 visa was in effect, and whose relationship ended in the same way, is covered by subclause 820.211(9). In both cases the marriage must be valid and the applicant must have been the sponsor's spouse until the relationship ended.

The Department's policy notes that an applicant who meets subclause 820.211(9) is not required to meet the Schedule 3 criteria, even though they may not hold a substantive visa when they apply. That matters, because Schedule 3 is otherwise a serious obstacle for applicants without a substantive visa. Our page on the Schedule 3 waiver explains those criteria for applicants who do not fall within subclause 820.211(9).

Married, de facto and same-sex relationships

The partner visa family violence provisions apply to married and de facto relationships alike, and to same-sex and opposite-sex couples on the same terms. The test for a de facto applicant is section 5CB with regulation 1.09A. Our guide to the de facto partner visa explains the de facto definition, and our page on the LGBTI partner visa covers issues that can arise for same-sex couples, including where an applicant fears that a claim will expose them to family or community.

What counts as family violence for a partner visa?

For a partner visa, family violence is conduct, actual or threatened, by the sponsor towards the applicant, a family member or their property, that causes the person to reasonably fear for, or be reasonably apprehensive about, their own wellbeing or safety. The concept comes from regulation 1.21 and is wider than physical assault.

Physical and non-physical family violence

Physical violence is the clearest example, but it is not the only one. Sexual violence, threats, intimidation, damage to property, harming pets, stalking, verbal abuse and emotional abuse can each be family violence if the conduct causes the reasonable fear or apprehension the definition describes. The partner visa family violence provisions do not require a hospital record or a visible injury.

Coercive control

Coercive control is a pattern of behaviour used to dominate and control a partner. It can include controlling all of the money, taking the applicant's passport, monitoring their phone and messages, isolating them from friends, family or their community, restricting where they go, and threatening to withdraw sponsorship or to have them removed from Australia. In a partner visa relationship, threats about the visa are a common form of control, because the sponsor knows the applicant depends on them.

Coercive control can be family violence for partner visa purposes where the pattern causes the applicant to reasonably fear for their safety or wellbeing. Because it is often invisible to outsiders, it needs careful evidence. The Tribunal remitted Siyad (Migration) [2025] ARTA 2129 to the Department for reconsideration, in a matter whose recorded issues were coercive control and joint utility and tenancy accounts.

The family violence does not need to have caused the separation

The Department's policy for the Subclass 801 stage states that there is no requirement for a cause-and-effect link between the family violence and the end of the relationship. The question is whether the sponsor committed family violence, and whether that violence, or part of it, occurred while the relationship existed. A relationship can end for several reasons and still fall within the partner visa family violence provisions.

Where our partner visa family violence clients are located

My Migration Lawyers acts in partner visa family violence matters throughout Australia, and every consultation is conducted by video, so a person can obtain advice from a safe place without travelling to an office. Clients in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Clients in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The law is the same in every state and territory. The court orders and police records used as evidence come from state and territory courts and police, so the place where the violence occurred can affect what evidence exists.

Your options when you are experiencing family violence on a partner visa

A person experiencing family violence on a partner visa generally has three options: continue the partner visa under the family violence provisions after separating, remain in the relationship for now while preparing safely, or consider a different visa pathway if the provisions do not fit. The right option depends on safety first, then on the evidence and the visa stage.

Option one: continue the partner visa under the family violence provisions

This is the option most people need. The relationship has ended, or will end, and the applicant asks the Department to assess the partner visa family violence claim under clause 820.221(3), subclause 801.221(6) or subclause 820.211(8) or (9). The application continues. The applicant provides judicial or non-judicial evidence of family violence and evidence that the relationship was genuine until it ended.

Option two: stay for now and prepare safely

Some people are not ready to leave, or cannot leave safely yet. A partner visa family violence claim can only be made once the relationship has ended, because the provisions are about relationships that have ceased. However, a person can obtain advice in advance, keep copies of important documents in a safe place, and understand what evidence may later be needed. Nobody should stay in danger because of the visa. If you are in immediate danger, call 000.

Option three: consider other visa pathways

If the partner visa family violence provisions do not apply, for example because the violence was committed by a relative of the sponsor rather than the sponsor, or because the relationship was not genuine, the partner visa will generally be refused. Other visa options then need to be assessed on the individual facts. That assessment should happen before the partner visa is decided, not after a refusal. Our guide to urgent immigration lawyer advice explains what to have ready when time is short.

What not to do

Do not withdraw the application under pressure. Do not sign documents the sponsor prepares for the Department without advice. Do not make a statement to the Department that you have not read and understood. Do not leave Australia on a bridging visa without advice. Each of these steps can be difficult or impossible to undo.

Partner visa family violence evidence: judicially determined claims

A judicially determined partner visa family violence claim is one supported by evidence from an Australian court, and if the evidence meets regulation 1.23(2) to (7) the Department must accept that the sponsor committed family violence. It cannot refer the claim to an independent expert, and it cannot weigh the sponsor's denial against the court's finding.

What judicial evidence the law accepts

The court evidence that supports a judicially determined claim includes:

• an injunction under the Family Law Act 1975 against the sponsor for the applicant's personal protection;
• a final protection, apprehended violence or intervention order made by a state or territory court against the sponsor, after the sponsor had the opportunity to respond;
• a conviction of the sponsor, or a finding of guilt, for an offence of violence against the applicant.

The names of the alleged victim and the alleged perpetrator in the court document must match the names in the visa application. The court must be an Australian court. The Tribunal remitted Dumaraos (Migration) [2022] AATA 4641 to the Department for reconsideration, in a matter whose recorded issue was a court-issued family violence order. It also remitted 1906182 (Migration) [2023] AATA 1921, in a matter whose recorded issues were that sponsorship had been withdrawn and the claim was judicially determined.

Court evidence that is not accepted

Not every court document proves a judicially determined partner visa family violence claim. Two common documents are not accepted:

• Bail orders. A bail condition that the sponsor stay away from the applicant does not meet regulation 1.23(2) to (7).
• Ex parte orders. An interim order made urgently, without the sponsor having had the opportunity to respond, is not accepted as judicial evidence under the partner visa family violence rules.

This is one of the most common misunderstandings. Many applicants obtain an interim protection order at the first court date and believe the partner visa family violence claim is now proved. It is not. If the interim order later becomes a final order made after the sponsor had the chance to respond, that final order can be relied on. If it does not, the claim usually has to proceed as a non-judicially determined claim. The Tribunal remitted 1902818 (Migration) [2023] AATA 778 to the Department for reconsideration, in a matter whose recorded issue was an interim intervention order.

Orders made after separation

An order made after the couple separated can still be accepted, provided part of the family violence occurred while the relationship existed. Many applicants only seek an order after they leave, because leaving is when they first feel able to act. The Department's policy expressly accepts post-separation orders on that basis.

Judicial evidence that arrives later

Judicially determined evidence takes precedence over a non-judicially determined claim. If an applicant first makes a non-judicial claim and later obtains a qualifying court order, the court evidence must be accepted, even if the Department had doubts about the earlier claim. The decision maker must still be satisfied that the violence, or part of it, happened during the relationship.

Non-judicially determined partner visa family violence claims

A non-judicially determined partner visa family violence claim is one made without qualifying court evidence, using either a joint undertaking to a court or a statutory declaration by the applicant together with at least two prescribed documents. These claims are made under regulation 1.23(8) and (9) and regulations 1.24 and 1.25.

Joint undertakings

A joint undertaking is an undertaking given to a court by the applicant and the sponsor in proceedings where an allegation of violence by the sponsor is before the court. The Department's policy states that where a properly made joint undertaking is provided, there will usually be no reason to doubt the account in it. A decision maker can still refer the claim to an independent expert if not satisfied.

The statutory declaration and two prescribed documents

Most non-judicial claims are made with a statutory declaration by the alleged victim and at least two documents from the list in the legislative instrument made for Division 1.5. This is one of the places where the law requires a statutory declaration, and it must be called that. It is not a Form 888 statement. The statutory declaration must be properly made, signed and witnessed by an authorised witness, with every attachment properly identified and witnessed.

The statutory declaration should set out the applicant's own account in specific terms: who committed the violence, what happened, when and where, and how it affected them. The Department's policy directs decision makers to ask whether a declaration appears formulaic, or merely repeats the definition of family violence without substantiating it. A general statement that the sponsor was "abusive" is weak. A specific, consistent account is strong.

The prescribed documents

The two documents must come from at least two different categories of evidence listed in the instrument. Two documents from the same category, such as a hospital report and a letter from a doctor, count only once. The categories include, among others:

• a report, record of assault, risk assessment, witness statement or statutory declaration from a police officer;
• a medical report, hospital report, discharge summary, letter or statutory declaration from a medical practitioner, registered nurse or midwife;
• a report, letter or statutory declaration from a registered psychologist;
• a report, letter or statutory declaration from a social worker;
• a report, letter or statutory declaration from a family consultant or family relationship counsellor;
• a report, letter or statutory declaration from a child welfare or child protection officer;
• a report, letter or statutory declaration from an education professional who taught or counselled the alleged victim.

Each category has its own content requirements. For example, a psychologist or social worker must state that the alleged victim has made a claim of family violence and give a professional opinion on whether the claims are consistent with family violence. A medical document must identify the alleged victim and describe injuries or treatment that may be consistent with family violence. A document that does not contain the required content does not count, however sincere it is.

Professionals must act in their professional capacity

Every professional who provides evidence must be acting in their professional capacity. A friend or relative who happens to be a doctor, nurse or social worker cannot provide one of the prescribed documents about the applicant in a personal capacity. Documents must be in English, on professional letterhead, and include the maker's full name, occupation, signature, date, address and contact telephone number.

Cases on non-judicial partner visa family violence claims

The Tribunal remitted 2305121 (Migration) [2025] ARTA 455 to the Department for reconsideration, in a matter whose recorded issue was a non-judicially determined claim. It remitted 2307542 (Migration) [2024] AATA 746, in a matter whose recorded issue was whether the claim met the evidentiary requirements of a non-judicial claim. It remitted 2308732 (Migration) [2024] AATA 3652, in a matter whose recorded issues were that adverse information was given no weight and that statements had been made by specified practitioners. These decisions show that the content and form of non-judicial evidence are often the centre of the dispute.

What happens if the Department is not satisfied: the independent expert

If the Department is not satisfied that relevant family violence occurred on a properly made non-judicial claim, it must refer the claim to an independent expert, and the expert's opinion is taken to be correct for the purposes of the decision. The decision maker cannot simply reject a properly made non-judicial claim.

When a referral happens

The referral step applies only to non-judicially determined claims that meet regulation 1.23(8) or (9). A judicially determined claim cannot be referred, because it must be accepted. A claim supported by documents that are not prescribed is not a claim at all, and the Department's policy is that the applicant should be told and given an opportunity to provide prescribed evidence.

The independent expert's assessment

Independent experts are qualified people engaged by the agency specified by legislative instrument to assess family violence claims. The Administrative Review Tribunal can also refer a claim. The applicant can ask for an interpreter, and for an assessor of a particular sex where that is needed for cultural reasons. Only information relevant to the claim is provided to the independent expert.

If the independent expert forms the opinion that relevant family violence has not occurred, the applicant is generally given an opportunity to respond before the decision is made, and significant new information may be sent back to the expert. An applicant who does not cooperate with the assessment risks the claim failing. A partner visa family violence claim should be prepared on the assumption that it may be referred, so that the statutory declaration and the documents can stand up to independent scrutiny.

Proving the relationship was genuine until it ended

Every partner visa family violence claim also requires proof that the relationship was genuine and continuing until it ended, and this is the issue most often contested when these claims reach the Tribunal. Proving family violence is not enough on its own.

Why the genuine relationship question is so often in dispute

When a relationship ends with allegations of violence, the sponsor may tell the Department that the relationship was never real, or that the applicant married only for the visa. The Department must then decide whether the applicant was the sponsor's spouse under section 5F and regulation 1.15A, or de facto partner under section 5CB and regulation 1.09A, up to the date of separation. The Department's policy for subclauses 820.211(8) and (9) states this expressly: the applicant cannot meet the subclause unless the decision maker is satisfied they were the sponsor's spouse until the relationship ceased.

The four aspects of the relationship

The decision maker considers the four aspects of the relationship: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. These are aspects of the relationship, assessed on the evidence as a whole. Our guide to partner visa relationship evidence explains what the Department looks for in each, and our article on preparing evidence of a genuine relationship explains how couples keep that evidence.

Family violence often distorts the ordinary evidence. A controlling sponsor may hold all accounts in their own name, keep the applicant away from friends, and refuse to be photographed together. A decision maker who looks only for joint bank accounts and holiday photographs may miss the reality. The submission must explain why the evidence looks the way it does. The Tribunal's remittal in Siyad, where joint utility and tenancy accounts were among the recorded issues, shows how ordinary household records can carry weight.

The relationship statement and Form 888 statements

There is one relationship statement. In a partner visa family violence matter it is usually the applicant's own account, because the sponsor will not contribute. It should describe how the relationship began and developed, how the couple lived, and when and why it ended. It must be consistent with the family violence statutory declaration. Our guide to the partner visa relationship statement explains its structure.

Friends and family who knew the couple can give Form 888 statements about the relationship. 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. A Form 888 statement about the relationship is different from a prescribed document about family violence, and the two should not be confused.

Evidence already lodged

Evidence lodged with the original application still counts. The 820 partner visa evidence checklist and the partner visa document checklist show the kinds of documents most applications already contain. The task in a partner visa family violence claim is to add evidence covering the period from lodgement to separation, and to explain any gaps.

What the partner visa family violence provisions do not cover

The partner visa family violence provisions do not cover a relationship that was never genuine, family violence that occurred only after the relationship ended, or violence committed by someone other than the sponsor. These limits are strict, and it is better to know them at the start.

A relationship that was never genuine

The provisions protect applicants whose genuine relationship ended. They do not convert a relationship that was not genuine into a qualifying one. If the decision maker finds that the relationship was not genuine at any point before it ended, the partner visa family violence claim fails, whatever the evidence of violence.

Violence that happened only after separation

The family violence, or part of it, must have occurred while the relationship existed. Threats or harassment that start only after separation, however serious, do not by themselves satisfy the provisions. Where violence occurred both during and after the relationship, the evidence must show the violence during the relationship clearly.

Violence by someone other than the sponsor

The provisions require family violence committed by the sponsoring partner. Violence by the sponsor's parents, siblings or other relatives is not enough on its own, even where those relatives live in the same household. The Department's policy directs decision makers to read the allegation itself and not only the name of the alleged perpetrator. If the statutory declaration describes conduct by other people, there is conflicting information about who the perpetrator was. Where both the sponsor and relatives were involved, the account must make the sponsor's own conduct clear.

Other criteria still apply

A successful partner visa family violence claim does not remove the other criteria. Health, character and the public interest criteria still apply, including PIC 4020, which deals with false or misleading information and bogus documents. Honesty is essential. A claim that the Department later finds to be untrue can lead to refusal and an exclusion period.

Telling the Department the relationship has ended

An applicant must tell the Department when the relationship ends, because section 104 of the Migration Act 1958 requires changes in circumstances to be notified, and the end of the relationship changes answers given in the application. The notice is usually made with Form 1022 and is the natural point to raise the partner visa family violence claim.

Form 1022 and the timing of the claim

The notice and the claim do not need to be lodged at the same moment, but the Department should be told promptly, and the applicant should say that a partner visa family violence claim is being made and that evidence will follow. A late or vague notice can damage credibility. Our article on Form 1022 change of circumstances explains when the form is used.

The Department may then send a section 56 request for the family violence evidence. The Department's policy encourages decision makers to facilitate requests for extra time to provide evidence in family violence cases, given their sensitivity. Our article on responding to a section 56 request for more information explains how those requests work.

When the sponsor withdraws sponsorship

Sponsors who commit family violence often contact the Department first, to withdraw their sponsorship or to say the relationship was not genuine. A withdrawal of sponsorship does not, by itself, end a partner visa family violence claim, because the clauses that allow grant after the relationship ends were written for situations where the sponsor is no longer supporting the application. The Tribunal's remittal in 1906182, where the recorded issues were withdrawn sponsorship and a judicially determined claim, illustrates the point.

Responding to adverse information

If the sponsor gives the Department information against the applicant, the Department will usually invite the applicant to comment on it before refusing the application. That invitation is often called a natural justice letter. It must be answered carefully and on time. Our guide to responding to a section 57 natural justice letter explains how to respond. The Department's policy also recognises that an alleged perpetrator may not be an objective source of information, and that an ability to explain away family violence does not mean the allegations are invalid.

Appointing a representative

Many applicants want the Department to contact their lawyer rather than them, especially where the sponsor may see their mail or their phone. Where My Migration Lawyers acts, the firm is appointed through Form 956, and our article on Form 956 and Form 956A explains how the appointment works. Changing the email address and contact details on the application, and securing the applicant's own ImmiAccount, are practical first steps. Our guide on how to create an ImmiAccount may help where the sponsor controlled the original account.

Confidentiality and safety in a partner visa family violence claim

Applicants are often afraid that the sponsor will see what they say about the violence, and that fear is understandable. The Department handles family violence claims under privacy obligations, and the information sent to an independent expert is limited to what is relevant to the claim. The details of how particular information is handled should be discussed with a lawyer before anything is lodged.

Practical safety steps

Practical steps protect both safety and the claim. Keep copies of identity documents, the visa grant notice and important records somewhere the sponsor cannot reach. Use a phone and email account the sponsor cannot access. Keep a private record of incidents with dates. Tell the Department of any new address in a way that does not expose it to the sponsor. If you are in immediate danger, call 000.

Children

Where children are involved, family violence against a dependent child can also support the claim, and child protection and family law proceedings may be running at the same time as the partner visa. The evidence in each must be consistent. The partner visa family violence page explains how the firm coordinates the visa claim with other proceedings.

Community and cultural pressure

Some applicants face pressure from family or community not to make a claim, or fear what a claim will mean for them at home. Those concerns are real and must be weighed. They do not change the legal test, but they affect how and when the claim is made, and who should be told.

Bridging visas, work and staying lawful during a partner visa family violence claim

While the partner visa family violence claim is assessed, the applicant generally keeps the bridging visa or the Subclass 820 visa they already hold, because the application is still pending. The applicant must keep complying with the conditions of that visa.

Bridging Visa A holders

Most onshore applicants who held a substantive visa when they lodged hold a Bridging Visa A. It generally continues while the application is undecided, including while the claim is assessed. Our article on Bridging Visa A work rights, conditions and travel and our article on working while waiting for a Subclass 820 visa explain those conditions.

Travel

A Bridging Visa A does not allow re-entry. An applicant who must travel, for example to see family after separating, needs a Bridging Visa B before leaving, and should take advice first because travel during a partner visa family violence claim can raise practical problems with evidence and assessments. Our guide to the Bridging Visa B and our overview of bridging visas in Australia explain the options.

Subclass 820 holders

A Subclass 820 holder whose relationship ends keeps the Subclass 820 visa while the Subclass 801 stage is assessed, and can usually continue to live, work and travel on it. The Subclass 820 visa can be cancelled in some circumstances, and our page on visa cancellations explains how cancellation works if that risk arises.

Partner visa family violence refusals and ART review

If the Department refuses the partner visa despite a family violence claim, the applicant in Australia can generally apply to the Administrative Review Tribunal for merits review of the onshore refusal. The review deadline is short and strictly applied, it runs from notification of the decision, and the Tribunal has no power to accept a late application.

What the Tribunal can do

The Tribunal reconsiders the decision on the evidence before it at the time of its decision. That means new family violence evidence can be given on review, including a court order obtained after the Department's decision, or prescribed documents the applicant did not have earlier. The Tribunal can also refer a non-judicial claim to an independent expert. It can affirm the refusal, set it aside and substitute a decision, or remit the matter to the Department for reconsideration with a direction that a specified criterion is satisfied.

A remittal usually means the Department must accept the Tribunal's finding on that criterion and then decide the remaining criteria, such as health and character. Our pages on partner visa refusals and visa refusals and ART appeals, and our articles on partner visa refusal appeal options and what to expect in an ART review, explain the review process.

Why the review should be prepared, not just lodged

A partner visa family violence review is won or lost on evidence. The applicant should use the time before the hearing to obtain missing prescribed documents, to strengthen the genuine relationship evidence, and to answer each finding in the Department's decision. Our guide to visa appeal lawyers explains the work involved. After the Tribunal, review is limited to jurisdictional error in the Federal Circuit and Family Court, and our page on judicial review explains that step.

Tribunal decisions on partner visa family violence claims

The Tribunal has remitted many partner visa family violence matters to the Department for reconsideration, and the recorded issues show where these claims are usually contested. Each decision turned on its own facts. The list below records only the issue noted for each decision.

• Siyad (Migration) [2025] ARTA 2129: coercive control; joint utility and tenancy accounts. Remitted to the Department for reconsideration.
• 2305121 (Migration) [2025] ARTA 455: non-judicially determined claim. Remitted to the Department for reconsideration.
• 2307542 (Migration) [2024] AATA 746: whether the evidentiary requirements of a non-judicial claim were met. Remitted to the Department for reconsideration.
• 2308732 (Migration) [2024] AATA 3652: adverse information given no weight; statements by specified practitioners. Remitted to the Department for reconsideration.
• 1906182 (Migration) [2023] AATA 1921: sponsorship withdrawn; judicially determined claim. Remitted to the Department for reconsideration.
• 1902818 (Migration) [2023] AATA 778: interim intervention order. Remitted to the Department for reconsideration.
• Dumaraos (Migration) [2022] AATA 4641: court-issued family violence order. Remitted to the Department for reconsideration.
• 2538577 (MIGRATION) [2026] ARTA 1176 and Ma (Migration) [2025] ARTA 148: further family violence matters remitted to the Department for reconsideration.

These decisions do not predict any particular result. They show that partner visa family violence refusals can be reviewed, and that the form and content of the evidence decide most cases. Our articles on why partner visas get refused and why Subclass 820 visas are refused cover refusal grounds more generally.

Choosing who acts on a partner visa family violence claim

A partner visa family violence claim is a legal matter with strict evidence rules, and it usually runs alongside a separation, police involvement or family law proceedings. The person who acts should understand Division 1.5, the genuine relationship test and the review process. Our article on when you need an immigration lawyer for a partner visa and our guide to the partner visa lawyer vs doing it yourself question explain when legal help is worth considering. Our article on whether to use a migration agent or a lawyer for a partner visa sets out the practical differences.

Applicants whose application was prepared by the sponsor, or by a representative chosen by the sponsor, often need a new representative once the relationship ends. Our guides to hiring an immigration lawyer after lodging your own application, changing your immigration lawyer and getting a second opinion explain those steps. Those comparing firms can read our guide to choosing a partner visa lawyer in Australia and, by city, in Sydney, Melbourne or Brisbane. For wider immigration matters, the firm also acts through our immigration lawyers in Sydney, Melbourne and Perth. Our guide to booking an immigration lawyer consultation explains what to expect from the first meeting.

How My Migration Lawyers handles partner visa family violence claims

My Migration Lawyers deals with complex partner visa family violence matters and acts in many claims of this exact type, at the Subclass 820 stage, the Subclass 801 stage and for Subclass 300 holders who married their sponsor. The firm is capable of handling claims where the sponsor has withdrawn sponsorship, where the only court order is interim, where the violence was coercive rather than physical, and where the Department has already refused the application.

In practice, the firm's work on a partner visa family violence claim includes:

• Assessing safely and confidentially, by video, whether the client falls within clause 820.221(3), subclause 801.221(6) or subclause 820.211(8) or (9), and whether the violence was committed by the sponsor during the relationship.
• Taking over the application from the sponsor's control, through Form 956, and notifying the end of the relationship through Form 1022 in a way that also raises the claim.
• Identifying whether court evidence qualifies as a judicially determined claim, and explaining why bail orders and interim orders made without the sponsor do not.
• Preparing the client's statutory declaration in the client's own words and in the specific detail Division 1.5 requires, and identifying which professionals the client has already seen who can provide prescribed documents in the correct form.
• Building the genuine relationship case from separation back to the start of the relationship, across the four aspects, with the relationship statement and Form 888 statements consistent with the family violence account.
• Responding to sponsor allegations, section 56 requests, natural justice letters and independent expert referrals.
• Representing clients in the Administrative Review Tribunal where a partner visa family violence claim has been refused and review is still available.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's family violence practice is on our family violence partner visa page, information about the firm's wider partner visa practice is on our partner visa lawyers page, and more about the firm is on our about page. Consultations are conducted by video, so advice can be obtained from wherever you are safe.

If your relationship has ended, or you are planning to leave, and you need to know whether the partner visa family violence provisions protect your visa, book a consultation online or call 1300 040 300.