Partner Visa FOI Request: Getting Your Immigration File

What is a partner visa FOI request?

A partner visa FOI request is a written request to the Department of Home Affairs for copies of the documents it holds about a partner visa application, the applicant or the sponsor. The request is made under the Freedom of Information Act 1982 (the FOI Act), and requests for your own personal information can also be dealt with under the Privacy Act 1988. In everyday language, people call the result "getting my immigration file".

A partner visa FOI request is not a form of appeal. It does not change a decision, it does not restart a processing queue and it does not give anyone more time. It is a way of seeing what the decision maker saw. For an applicant who has received a refusal, a natural justice letter or an unexpected request for information, that view can be decisive. For an overview of the visa itself, read the complete partner visa guide.

The Department's own guidance states that members of the public have a right to request access to their own personal information under either the Privacy Act 1988 or the FOI Act. The Department's request form, Form 424A, is titled "Request for access to documents or information" and covers both Acts. In practice, a partner visa FOI request for your own file is usually processed in the same way whichever Act is named, but the distinction matters in some situations, which are explained later in this guide.

People who are considering legal help should know that partner visa lawyers use FOI material as a working tool, not as an end in itself. A file is only useful if someone reads it against the law and the decision, and then acts on what it shows. Our article on when you need an immigration lawyer for a partner visa explains where legal help adds most value.

Who can ask for a partner visa file?

Any person can make a request under the FOI Act. A request for the applicant's own file is normally made by the applicant, or by a lawyer or migration agent acting with the applicant's written authority. A sponsor can make a request for their own personal information, such as the sponsorship application and the documents they provided. A person can also request another person's information if they provide that person's consent.

This matters because a partner visa involves two people. The applicant's file will often contain the sponsor's documents, and the sponsor's file may contain information about previous partners or previous sponsorships. Without consent, each person's personal information is generally treated as third party information when someone else asks for it.

What is the difference between FOI and a Privacy Act request?

Both routes give a person access to their own personal information held by the Department. The FOI Act gives a right of access to documents, subject to exemptions, with a statutory decision period, formal decision letters and formal review rights. The Privacy Act gives individuals a right to access their personal information held by an Australian Government agency. The Office of the Australian Information Commissioner (OAIC) states that an agency must respond to a Privacy Act access request within 30 days and cannot charge for giving access to personal information.

The Privacy Act route is often simpler for a straightforward request for the applicant's own documents. The FOI Act route is usually the better choice where a refusal of access is likely to be contested, because the FOI Act decision and review structure is more formal. A partner visa FOI request made through the Department's form allows the Department to deal with the request under the most appropriate Act.

Why does a partner visa FOI request matter?

A partner visa FOI request matters because a partner visa decision is made on the evidence on the Department's file, and the applicant often does not know everything that is on that file. A refusal letter summarises the reasons. It does not reproduce every case note, every internal assessment or every piece of information received from other people.

The most common reasons a client asks us to obtain the file are set out below. Each of them involves a real legal problem rather than curiosity.

After a partner visa refusal

When a partner visa is refused, the decision record explains why. Some decision records are thorough. Others are brief and refer to "information before the decision maker" without identifying all of it. A partner visa FOI request can show what evidence the case officer accepted, what was overlooked, and whether there is material the applicant was never given a chance to answer. That analysis shapes the case on review. Our article on why partner visas get refused and the guide to Subclass 820 visa refusals set out the usual grounds. Readers dealing with a refusal now should also read our guide on partner visa refusal and appeal options and visit the firm's partner visa refusals page.

After a section 57 letter

Under section 57 of the Migration Act 1958, the Department must, in certain circumstances, give an applicant particulars of relevant information that would be the reason, or part of the reason, for refusing the visa, and invite the applicant to comment on it. A section 57 letter often summarises information from a third party, a previous application or an earlier interview. A partner visa FOI request can help the applicant understand the source and context of that information. However, the response to a section 57 letter has its own short deadline, and the request must never be treated as a reason to wait. Our article on the section 57 natural justice letter for a partner visa explains how that response should be prepared.

After a section 56 request for more information

A request under section 56 of the Migration Act 1958 asks for further information or documents. It does not usually disclose adverse information. Even so, a request that focuses on a particular issue, such as cohabitation or a previous relationship, can indicate that the Department has concerns about something on the file. Our guide to the section 56 request for more information explains what those requests mean and how to answer them within time.

Previous applications and old forms

Many partner visa applicants have applied for other visas before: a visitor visa, a student visa, a skilled visa or an earlier partner visa. Each of those applications contains answers about relationship status, employment, travel and family. If an earlier form said the applicant was single at a time when the partner visa says the couple were already in a relationship, the Department will notice. A partner visa FOI request for previous applications lets the applicant see exactly what was declared, rather than relying on memory. This is particularly important for people moving from a tourist visa to a partner visa in Australia, because the visitor visa application often contains statements about the purpose of the visit.

PIC 4020 and integrity concerns

Public Interest Criterion 4020 in Schedule 4 to the Migration Regulations 1994 deals with bogus documents and information that is false or misleading in a material particular. A PIC 4020 concern can arise from an inconsistency between the current application and something given to the Department years earlier. Where a PIC 4020 issue is raised, the actual text of the earlier document is essential. A partner visa FOI request is often the only practical way to obtain it.

Prior sponsorships and sponsorship limitations

A sponsor who has sponsored a previous partner, or who was sponsored as a partner themselves, may be affected by sponsorship limitations under the Migration Regulations 1994. The Department's records of earlier sponsorships, including dates of approval and visa grant, can determine whether a limitation applies. Our guide on when a sponsor cannot sponsor a partner visa and the firm's page on partner visa sponsorship limitations explain those rules. A sponsor's own request can confirm the dates the Department holds.

What documents can a partner visa FOI request return?

A partner visa FOI request can return any document the Department holds that falls within the scope of the request, subject to exemptions. For a partner visa applicant, the file commonly includes the following categories of material:

• the application forms and every document uploaded through ImmiAccount, often the items listed in a partner visa document checklist;
• the sponsorship application and the sponsor's documents, if the sponsor consents or the documents are within the applicant's personal information;
• relationship statements, Form 888 supporting statements and any statements given at interview;
• Form 80 personal particulars and other character forms;
• records of Form 1022 notifications of a change of circumstances;
• correspondence from the Department, including section 56 requests and section 57 letters;
• case notes, file notes and internal assessments by case officers;
• interview records, recordings or transcripts, where they exist;
• information received from third parties, which may be partly or fully redacted;
• the decision record and the notification letter; and
• records of earlier visa applications, bridging visas and travel movements.

Not every file contains every category. Some partner visa files are short. Others run to hundreds of pages, especially where there have been several applications or a long processing history. It is important to understand that a document in ImmiAccount is not the whole file. ImmiAccount shows what the applicant uploaded and some correspondence. It does not show case notes or internal assessments. That is the gap a partner visa FOI request fills.

Case notes and internal assessments

Case notes are often the most useful part of the file. They can show when a case officer first formed a concern, what they checked and what they concluded. They can also show that a document was received but not considered. Case notes can be redacted in part under an exemption, but they are not automatically exempt. A well scoped request asks for them expressly.

Sponsor information

The sponsor's information is personal information about the sponsor. If the applicant asks for the file without the sponsor's consent, the Department may treat the sponsor's documents as third party information and may consult the sponsor or redact them. Where the couple are still together, the simplest course is for the sponsor to provide written consent with the request. Where the couple have separated, different considerations apply, and they are discussed below.

Previous partners and earlier relationships

If the applicant or the sponsor has been in an earlier partner visa relationship, the earlier file may contain statements about that relationship, including how it began and how it ended. Those statements can be relevant to the genuineness of the current relationship and to sponsorship limitations. A partner visa FOI request can be scoped to include those earlier files, provided the person whose information it is has consented or the information is the requester's own.

How do you make a partner visa FOI request?

A partner visa FOI request is made in writing to the Department of Home Affairs. The Department accepts requests through its online access request form, by email and by post. The Department's Form 424A, "Request for access to documents or information", can also be used, and it lists the Department's FOI email address and postal address for lodgement.

The OAIC explains that a valid FOI request must be in writing, must state that it is a request for access under the Freedom of Information Act 1982, must give enough detail for the agency to identify the documents sought, and must give an address or email address where the documents can be sent. A person does not need to give reasons for wanting the information.

Each of those elements matters. A request that does not identify the person clearly, or does not describe the documents with enough detail, may be delayed while the Department asks for clarification.

Step 1: identify the person and the files

The request should state the applicant's full name, any other names used, date of birth, nationality and passport number. It should also give every Department reference available. Form 424A asks for as much detail as possible, including reference numbers such as a Client ID, a Client File Number or a Permission Request ID. Transaction reference numbers from ImmiAccount and the file reference on any Department letter are also useful.

A partner visa applicant who has held several visas may have more than one client record. The request should list every visa applied for and the approximate dates, so that the Department searches all of them.

Step 2: provide identification

The Department asks for photographic identification with a request for personal information. Its online guidance lists an Australian or international passport, an Australian driver licence and an Australian state or territory photo identity card as accepted forms. Form 424A asks for a certified copy of photographic identification, such as a current passport or driver licence, where a person requests their own documents.

Identification is required because the Department is releasing personal information. A partner visa FOI request without proof of identity may be treated as a request by a third party, which means the applicant's own personal information may be withheld.

Step 3: provide consent and authority where needed

Consent and authority are separate questions, and both arise often in partner visa matters.

Authority covers who may receive the documents on the applicant's behalf. Form 424A contains a part that allows the requester to authorise another person, such as a friend, a migration agent or a legal practitioner, to obtain access. Both the requester and the authorised person sign it. An appointment of a representative for the visa application itself, made through Form 956, is not a substitute for the authority the FOI process asks for. Where a lawyer lodges a partner visa FOI request, the authority should be express and signed. Applicants who hire an immigration lawyer after visa lodgement should give that authority at the start of the engagement.

Consent covers whose information may be released. Where the applicant asks for documents that contain the sponsor's personal information, the sponsor's written consent should be attached. The Department's guidance states that a person requesting another person's information must upload identification documents and evidence that the other person consents. The same applies in reverse when a sponsor seeks the applicant's documents.

Step 4: describe the documents

The request must describe the documents clearly. This is the scope of the partner visa FOI request, and it deserves care. A scope that is too narrow can miss the key document. A scope that is too broad can take longer and may lead to a request to narrow it. The next section deals with scope wording in detail.

Step 5: choose the format and the address for delivery

The request should state where the documents should be sent, usually an email address. Most releases are now provided electronically. If a lawyer has been authorised, the documents can be sent directly to the lawyer.

Step 6: keep the acknowledgement

The OAIC states that an agency must acknowledge receipt of an FOI request in writing no later than 14 days after receiving it. The acknowledgement usually contains a reference number. That number should be quoted in every later communication about the request.

How should you word the scope of a partner visa FOI request?

The scope of a partner visa FOI request should describe the documents by subject, by application and by date range, and it should name the categories of document that matter most. Clear wording reduces delays and reduces the risk that a key document is treated as outside the request.

The application type should be named precisely, using the Subclass number. Our guides to the Subclass 820 visa and Subclass 820 vs Subclass 801 explain how the temporary and permanent stages relate. A useful scope for a refused applicant might read: "All documents held by the Department of Home Affairs relating to my application for a Partner (Temporary) (Class UK) visa, Subclass 820, lodged on [date], including the application and attachments, sponsorship documents, correspondence, case notes, file notes, interview records, internal assessments and the decision record, from the date of lodgement to the date of this request."

Applicants should then add specific categories where they apply:

• "All documents relating to my previous applications for [visa type] lodged on or about [dates], including application forms and attachments."
• "All information received by the Department from any third party about my relationship with [sponsor's name], subject to any necessary redactions."
• "All documents relating to the information referred to in the Department's letter dated [date] under section 57 of the Migration Act 1958."
• "All records of my movements into and out of Australia between [dates]."

Mistakes in scope wording

The most common scope mistake is asking only for "my file". A file reference is useful, but a partner visa FOI request worded only as "my file" may produce the current application without earlier applications, or without records held in another system. Another mistake is asking for "everything" without any date range or subject. That can make the request large and slow.

A third mistake is including a narrative of the case. The FOI Act does not require reasons, and an FOI request is not the place to argue the merits. A partner visa FOI request should be neutral, precise and short. Arguments belong in the response to the Department or in submissions to the Tribunal. Applicants unsure whether their earlier representation dealt with this properly can ask for an immigration lawyer second opinion.

Requests by the sponsor

A sponsor's partner visa FOI request is different. The sponsor will usually ask for their sponsorship application, documents they provided, any earlier sponsorship records and any record of being sponsored themselves. The sponsor can also ask for documents in the applicant's file with the applicant's consent. Where a sponsorship limitation is in issue, the sponsor's request should ask for records of the dates of approval of each earlier sponsorship and the dates of grant of each earlier partner visa connected to them.

Requests after separation

Separated couples often want access to each other's information. The FOI Act does not give one former partner a right to the other's personal information merely because they were once in a relationship. Same-sex couples face the same rules, and the firm's LGBTI partner visa page explains how it approaches those matters. Where an applicant relies on the family violence provisions in Division 1.5 of the Migration Regulations 1994, careful thought is needed before any partner visa FOI request is made by either party, because the file may contain sensitive information about safety. The firm's family violence partner visa lawyers page explains how those cases are handled, and the guide to Subclass 820 relationship breakdown explains what happens to the application when a relationship ends.

Is there a charge for a partner visa FOI request?

No. There is no charge for access to a document that contains your own personal information. The OAIC states this directly, and Form 424A states that there is no charge to access your own documents. There is also no application fee for an FOI request.

Most requests about a partner visa are requests for the applicant's own personal information, so no charge applies. Charges can apply under the FOI Act to requests for documents that do not contain the requester's personal information, such as general policy documents. Those charges are not relevant to most applicants and are not discussed here.

The OAIC also notes that a request for access to personal information under the Privacy Act cannot be charged for by an agency. Whichever route the Department uses, an applicant seeking their own immigration file should not be asked to pay for it. If a charge notice is received for a request that is about the applicant's own documents, the request should be reviewed, because something may have been misdescribed. Professional fees are a separate matter, and our guide to partner visa lawyer vs doing it yourself discusses when representation is worth it.

How long does a partner visa FOI request take?

The FOI Act requires a decision on a partner visa FOI request within 30 days of the Department receiving it. The OAIC states that an agency must decide an FOI request in writing within 30 days of receiving it, and that the period starts from the day the request is received. Form 424A also states that the standard processing time under the FOI Act is 30 days.

That period can be extended. The OAIC describes the following extensions:

• Third party consultation. If the Department needs to consult a third party, the period is extended by 30 days. A partner visa FOI request that includes information about the sponsor or another person may attract this extension where consent has not been given.
• Extension by agreement. The Department may ask the requester to agree to an extension of up to 30 days in total, and the agreement must be in writing.
• Complex or voluminous requests. The Department may apply to the OAIC for further time where a request is complex or too large to be decided within 30 days.
• Final extension after time has expired. Where the time has run out, the OAIC may grant a final extension. In that case the agency cannot impose charges.

If no decision is made within the required time, the OAIC explains that the request is taken to have been refused. This is called a deemed refusal. The requester can then seek review by the Information Commissioner.

The practical point is simple. Even where everything goes smoothly, a partner visa FOI request takes weeks, not days. Where a third party is consulted or the file is large, it can take considerably longer. No visa or review deadline waits for it.

Can an FOI request be expedited?

The FOI Act does not contain a general right to priority processing. A requester can explain that the documents are needed for a pending visa matter or review, and the Department may take that into account in managing its workload. However, no applicant should assume that a request for priority will be granted. The safe course is always to proceed with the visa matter as though the documents will not arrive in time. Our guide to an immigration lawyer consultation explains what to bring to a first meeting while the request is pending.

What can the Department redact or withhold from a partner visa FOI request?

The Department can redact or withhold material that is exempt under the FOI Act, and it must release the rest where it is reasonably practicable to do so. Section 22 of the FOI Act requires an agency to prepare an edited copy that deletes exempt or irrelevant material where that is reasonably practicable, rather than withholding the whole document.

The exemptions most often relevant to a partner visa file are listed below.

Personal privacy: section 47F

Section 47F of the FOI Act conditionally exempts documents where disclosure would involve the unreasonable disclosure of personal information about another person. In a partner visa file, this commonly covers the sponsor's information where no consent is given, information about previous partners, information about children and the personal details of witnesses. Conditional exemptions are subject to the public interest test in section 11A(5), which requires access to be given unless it would, on balance, be contrary to the public interest.

Confidential sources and tip-offs: section 37

Section 37 of the FOI Act exempts documents whose disclosure would, or could reasonably be expected to, affect law enforcement and public safety. Section 37(1)(b) protects the identity of a confidential source of information. Information that the Department received from a member of the public who expected their identity to remain confidential, often called a tip-off or a dob-in, is usually released, if at all, with the source's identity removed. An applicant may learn that an allegation was made, and what it said in substance, without learning who made it.

This is one of the most misunderstood parts of a partner visa FOI request. Applicants often expect to find out who complained about them. In most cases they will not. What matters legally is the content of the allegation and whether the applicant has a fair opportunity to answer it, not the identity of the person who made it.

Internal operations: section 47E

Section 47E of the FOI Act conditionally exempts documents where disclosure would, or could reasonably be expected to, have certain effects on an agency's operations, such as prejudicing the effectiveness of testing, examination or audit methods. Some internal risk indicators and investigation methods may be redacted on this basis. Ordinary case notes about the applicant's own case are not automatically exempt, and the public interest test still applies.

Legal professional privilege: section 42

Section 42 of the FOI Act exempts documents that would be privileged from production in legal proceedings on the ground of legal professional privilege. Legal advice given to the Department about a particular case may be withheld on this basis. The same privilege protects communications between an applicant and their own lawyer, which is one reason clients of migration lawyers in Australia can speak frankly about their history.

Secrecy provisions and national security

Section 38 exempts documents whose disclosure is prohibited by a secrecy provision in another Act, and section 33 exempts documents affecting national security, defence or international relations. These are less common in an ordinary partner visa file, but they can arise where security or character information is involved. The firm's guide to Form 80 and personal particulars explains why character information receives particular attention.

Reading a redacted release

A release often comes back with redactions marked by section number. Each redaction should be read alongside the decision letter, which should explain the exemption relied on. Redactions are not the end of the matter. They can be challenged through internal review or Information Commissioner review, and a redaction that hides adverse information relied on in the decision may raise a separate procedural fairness question on review. That question is for a lawyer to assess on the facts.

Does a partner visa FOI request stop the review deadline?

No. A partner visa FOI request does not stop, pause or extend the time for applying for review of a refused partner visa. The time limit for applying to the Administrative Review Tribunal (ART) is short, it is strictly applied, and it runs from the date the refusal decision is notified. The Tribunal cannot accept a review application lodged outside that time.

This is the single most important point in this guide. Some applicants receive a refusal, lodge a partner visa FOI request, and wait for the file before deciding what to do. By the time the documents arrive, the review period has ended. Waiting for an FOI release is never a reason to delay lodging review.

The correct order is clear:

• Read the refusal letter and identify the review rights and the deadline stated in it.
• Lodge the application for review with the ART within time.
• Then obtain the file, by a partner visa FOI request, by a request under section 362A of the Migration Act 1958, or both.
• Use the file to prepare evidence and submissions for the Tribunal.

The same logic applies to every other deadline. A response to a section 57 letter, a response to a section 56 request and a response to a notice of intention to consider cancellation each have their own time limit. None of them is extended because a partner visa FOI request is pending. If more time is genuinely needed to respond to the Department, a request for an extension must be made to the Department directly and within time. Our article on ART review and what to expect after your visa is refused explains the review process, and the firm's visa refusals page sets out how the firm acts on refusals. Anyone who has a refusal letter in hand should read our guidance on urgent immigration lawyer advice and act immediately.

Bridging visa consequences

Where an onshore applicant held a bridging visa linked to the partner visa, that bridging visa usually continues only for a limited period after a refusal unless a review application is lodged. A partner visa FOI request does nothing to keep a bridging visa in effect. Lodging review within time is what matters. Our guides on bridging visas in Australia, the Bridging visa A and the Bridging visa B explain how those visas work, and the guide to Subclass 820 work rights and bridging visas deals with conditions.

Cancellation matters

A partner visa holder who receives a notice of intention to consider cancellation faces an even shorter timetable. The firm's visa cancellations page explains how those matters are handled. An FOI request can be lodged at the same time, but the response to the notice must be prepared on the information available.

How do you get your file once an ART review is lodged?

Once an application for review has been lodged with the ART, section 362A of the Migration Act 1958 entitles the applicant to request access to, or a copy of, any written material given or produced to the Tribunal by the Department for the purposes of the review. This is a separate right from a partner visa FOI request, and in a review it is often the faster and more targeted route.

The Department's procedural instruction on merits review by the ART confirms that the request may be made at any time after the review application has been lodged and before the Tribunal gives a copy of its decision. If a request is made, the Department must provide the applicant with access to the material, subject to the non-disclosure provisions in sections 375A and 376 of the Migration Act 1958 and the requirements of the Privacy Act 1988.

The same instruction notes that the Tribunal's Migration, Protection and Character Practice Direction states that an applicant should request documents as soon as practicable after commencing the review, and that the Tribunal will not treat a late request as an adequate reason, by itself, to adjourn a hearing. That is a strong reason to make the request immediately after lodging review.

Why use both routes?

The section 362A material is the material the Department gave to the Tribunal. It is focused on the decision under review. A partner visa FOI request can reach further, for example to earlier applications that were not sent to the Tribunal, or to records held elsewhere in the Department. In a refused partner visa case, lawyers often use both: section 362A for the review file and an FOI request for the wider history.

Material the Tribunal relies on

Separately, the Tribunal itself has procedural obligations in relation to adverse information it considers would be a reason for affirming the decision. Those obligations are technical and depend on the source of the information and the stage of the review. They are one reason why reading the review file carefully, and early, is so important. Our guide on partner visa refusal and appeal options explains the review stage, and the firm's visa appeal lawyer article explains how review representation works.

What are the alternatives to a partner visa FOI request?

The main alternatives to a partner visa FOI request are a Privacy Act access request, a section 362A request once an ART review is lodged, and the documents the applicant already holds in ImmiAccount and in Department correspondence. Each has a place.

Privacy Act access request

Under the Privacy Act 1988, an individual can ask an Australian Government agency for access to their personal information. The OAIC states that an agency must respond within 30 days and cannot charge for giving access. An agency may refuse access where it is entitled to do so under the FOI Act. The Department's personal access request process accepts requests under either Act, and the Department may decide which framework to apply.

What the applicant already holds

Before making a partner visa FOI request, an applicant should gather everything already available: the ImmiAccount attachments, the application summary, every letter from the Department and every email with the case officer. Our guide on how to create an ImmiAccount explains the account structure. Gathering this material first helps the lawyer identify what is missing and frame the scope of the request precisely.

Correction of the record

If the released file contains personal information that is wrong, the Department has a process for requesting amendment or annotation of personal records. The Department's Form 424C is titled "Request for amendment or annotation to personal records". Correcting an error on the record can matter for future applications, but it does not change a decision already made.

How do you challenge a decision on a partner visa FOI request?

A decision on a partner visa FOI request can be challenged by internal review within the Department or by Information Commissioner review through the OAIC. The decision letter will explain both options and the time limits that apply. Those time limits are short and should be treated as strict.

Internal review

The OAIC explains that internal review is conducted by an officer of the agency who did not make the original decision, generally a more senior officer. There is no charge for internal review. The agency must make a new decision within a statutory period after receiving the internal review application. An internal review application should explain why the redactions or refusals are said to be wrong, for example that a document contains the applicant's own information, that the sponsor has consented, or that the public interest favours disclosure.

Information Commissioner review

The OAIC states that a person can apply directly for Information Commissioner review without first seeking internal review, although it recommends internal review first in most cases. Information Commissioner review is the route where an FOI request has been deemed refused because no decision was made in time. In a partner visa matter, Information Commissioner review can take a long time. It is useful for securing access to a document in the longer term, but it will rarely resolve in time for a pending visa deadline.

Practical judgement

Not every redaction is worth contesting. In a partner visa matter, the question is whether the withheld material matters to the visa case. A lawyer will usually focus any challenge on material that appears to have been relied on in the decision, or that bears directly on an issue in the review.

What do people get wrong about a partner visa FOI request?

The most common mistakes with a partner visa FOI request are treating it as a substitute for review, waiting for it before acting, and scoping it too narrowly. Each of these mistakes can cost an applicant a case that was otherwise arguable.

• Waiting for the file before lodging review. This is the most serious error. The review deadline runs regardless of the FOI request.
• Asking only for the current application. Earlier visitor, student or partner visa applications often contain the inconsistency that caused the concern.
• Forgetting the sponsor's consent. Without it, the sponsor's information may be redacted or a third party consultation may extend the timeframe.
• Expecting to learn who made an allegation. The identity of a confidential source is usually protected.
• Not using section 362A. Once review is lodged, a section 362A request is often the fastest route to the Tribunal file.
• Responding to the file emotionally. A file can contain blunt case notes. The response should be measured, evidence based and focused on the legal criteria.
• Lodging a new application without reading the file. An applicant who intends to lodge a fresh application should know what the Department already holds. Our guide on a partner visa after a visa refusal explains the limits that may apply.

How do lawyers use the file from a partner visa FOI request?

A lawyer uses the file from a partner visa FOI request to identify exactly what the decision maker relied on, what they overlooked and what must be answered. That analysis turns a general complaint about a refusal into a focused legal case.

In practice, the file is read against the visa criteria. For a Subclass 820 or Subclass 801 applicant, the key question is usually whether the decision maker correctly assessed the relationship under the four aspects in the Migration Regulations 1994: the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Case notes may show that evidence was discounted without explanation. Our guides on partner visa relationship evidence, preparing evidence of a genuine relationship and the partner visa relationship statement explain how that evidence should be presented.

For a de facto applicant, the file may show how the decision maker treated the 12-month relationship requirement. The guides on the de facto partner visa and the 12-month rule and Subclass 820 de facto 12 months explain that requirement. For an applicant affected by Schedule 3, the file may show how the compelling reasons were assessed; see the firm's Schedule 3 waiver page and the guide to Schedule 3 criteria for a partner visa.

The file also shows what the Department already knows. That is important for any later application, for a request to the Tribunal, and for the decision whether a matter should proceed to judicial review after an adverse Tribunal decision. Judicial review deals with legal error, not the merits, and the record of what was before the decision maker is central to it.

How My Migration Lawyers handles a partner visa FOI request

My Migration Lawyers prepares and lodges a partner visa FOI request as part of a wider legal strategy, never in isolation. The first step on every refused or contested partner visa matter is to confirm the deadlines and secure the client's position. Only then does the firm turn to the file.

On a matter of this kind, the firm's work usually includes the following concrete steps:

• reading the refusal letter, section 57 letter or other notice, and confirming the deadline and the correct review body;
• lodging the application for review with the ART within time where review is available;
• drafting a precise partner visa FOI request covering the current application, earlier applications, case notes, third party information and the decision record;
• obtaining the client's photographic identification, a signed authority and, where appropriate, the sponsor's written consent;
• making a section 362A request immediately after review is lodged, so the Tribunal file arrives early;
• reading the released file page by page against the visa criteria and the decision record, and identifying inconsistencies, overlooked evidence and adverse information;
• challenging unjustified redactions through internal review where the withheld material matters to the case; and
• preparing evidence and written submissions that answer what the file reveals, presenting the client's own account and documents in the form the law requires.

My Migration Lawyers deals with complex partner visa matters, including refusals involving PIC 4020, sponsorship limitations, Schedule 3, family violence and earlier visa histories. The firm acts in many matters where the Department's file is the key to understanding the case, and it is capable of handling a partner visa FOI request from the first letter through to the Tribunal hearing. No lawyer can promise an outcome, and the firm does not. What the firm offers is careful work, done in the right order, by lawyers who read the file closely.

The firm's work is supervised by Weiwei Zhang, Principal Lawyer. You can learn more about My Migration Lawyers, read how the firm approaches Subclass 820 visa matters, and see the firm's work on Subclass 309 visas and Subclass 300 Prospective Marriage visas. The firm acts for clients across Australia by video consultation, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta. Readers comparing firms can read the guides on choosing the best partner visa lawyer in Australia, in Sydney, in Melbourne, in Brisbane and in Perth.

If you have received a partner visa refusal, a section 57 letter or a cancellation notice and need your immigration file, the time to act is now, before any deadline passes. My Migration Lawyers can assess the decision, protect your review rights and prepare a partner visa FOI request in the same engagement. Book a consultation with My Migration Lawyers today.

You can also call My Migration Lawyers on 1300 040 300.