Lawyer or Migration Agent for a Refused Partner Visa?

Partner visa refusal lawyer or agent: who can act for you at the ART?

If your partner visa has been refused, the choice of a partner visa refusal lawyer or agent is a choice between two types of representative that the law treats as equally entitled to act: a registered migration agent and an Australian legal practitioner. Both can give immigration assistance, both can lodge the review application, and both can represent you before the Administrative Review Tribunal (ART). The question is not which title is "allowed". The question is which person has the experience, method and time to run your particular review well.

This guide is for couples who have just received a refusal and still have time to apply for review. It explains how each type of representative is regulated, what each can do at the ART, what to look for in anyone handling a partner visa review, the questions to ask before you sign anything, how Form 956 and the Tribunal's appointment form work, and what happens if you change your partner visa refusal lawyer or agent part way through the review. It sits alongside the wider partner visa refusals page and the complete guide to partner visas in Australia.

For a general comparison that is not limited to refusals, read the guide on migration agent vs immigration lawyer. This article is narrower. It deals only with choosing a partner visa refusal lawyer or agent for a review that is about to start or has just started.

The short answer for people in a hurry

Pick a registered migration agent or a legal practitioner who regularly handles partner visa refusals, who will read the full decision record before advising you, who can explain the evidence the Tribunal will need, and who confirms the review deadline in writing on your first contact. Then appoint them quickly, because the time limit for review does not wait while you compare options.

What is the difference between a registered migration agent and an immigration lawyer?

The main difference between a registered migration agent and an immigration lawyer is the regulator and the regulatory scheme, not the right to act in a partner visa review. A registered migration agent is registered with the Office of the Migration Agents Registration Authority (OMARA). An immigration lawyer is an Australian legal practitioner who holds a practising certificate issued under the law of a state or territory and who gives immigration assistance in connection with legal practice.

Anyone choosing a partner visa refusal lawyer or agent should understand both schemes, because each one gives you different ways to check the person and different places to go if something goes wrong.

How registered migration agents are regulated

Registered migration agents are regulated under Part 3 of the Migration Act 1958 and must be registered with OMARA to give immigration assistance in Australia. Their professional obligations are set out in the Migration (Migration Agents Code of Conduct) Regulations 2021, which took effect on 1 March 2022. The Code deals with how agents interact with clients, how they communicate fees and charges, how they keep records and handle client money, how they work with other agents, and how they respond to complaints.

OMARA can discipline a registered migration agent who breaches the Code. The available outcomes include a caution, suspension of registration, cancellation of registration and a bar on re-registering for a period. Every registered migration agent appears on the public Register of Migration Agents, which shows their registration number and status.

How lawyers are regulated

Australian legal practitioners are regulated by the legal profession legislation and the legal profession regulator in the state or territory that issued their practising certificate. They are bound by professional conduct rules for solicitors, by the costs disclosure rules in that legislation, and by the supervision of the relevant law society or legal services body.

Since 22 March 2021, when the Migration Amendment (Regulation of Migration Agents) Act 2020 commenced, lawyers who hold unrestricted practising certificates are no longer registered with OMARA. They give immigration assistance as lawyers, without migration agent registration. Department of Home Affairs forms describe a legal practitioner as a lawyer who holds an Australian practising certificate, whether restricted or unrestricted, and state that legal practitioners can provide immigration assistance in connection with legal practice.

A common error about the 2021 changes

A widespread misunderstanding is that a lawyer who is not on the Register of Migration Agents is not allowed to do migration work. That is wrong. Since March 2021, the absence of a lawyer from the OMARA register is the normal position for lawyers with unrestricted practising certificates. The correct check for a lawyer is the practising certificate, not the migration agent register. The reverse error is also common: assuming that a registered migration agent cannot appear at the Tribunal. A registered migration agent can be appointed as your representative at the ART. When you are choosing a partner visa refusal lawyer or agent, both checks matter, and they are different checks.

Can a migration agent or a lawyer represent you at the Administrative Review Tribunal?

Yes. A registered migration agent and an Australian legal practitioner can each be appointed as your representative for a review of a partner visa refusal at the ART. The Tribunal's own Appointment of Representative form lists both categories as people who may give immigration assistance, and states that only a registered migration agent or a lawyer with a current practising certificate may charge a fee for that assistance.

The Administrative Review Tribunal replaced the Administrative Appeals Tribunal on 14 October 2024. The same partner visa criteria apply on review, but the procedure is now governed by the Administrative Review Tribunal Act 2024, Part 5 of the Migration Act, and the Tribunal's practice directions, including the Administrative Review Tribunal (Migration, Protection and Character) Practice Direction 2026.

What a representative can do at the ART

Under the Tribunal's appointment form, an appointed representative can communicate with the Tribunal on your behalf, provide written evidence and written arguments, and attend a hearing or other case event with you or, in some circumstances, on your behalf. That applies equally whichever partner visa refusal lawyer or agent you appoint.

In practice, the representative's work in a partner visa review usually includes:

• confirming the deadline and who must lodge the review application;
• lodging the review application correctly and on time;
• requesting the Department's file under section 362A of the Migration Act;
• analysing the refusal reasons against the law and the evidence;
• planning and gathering new evidence;
• preparing written submissions to the Tribunal;
• preparing the applicant, the sponsor and any witnesses for the hearing; and
• attending the hearing and dealing with issues the Tribunal raises.

What the representative cannot do for you

No partner visa refusal lawyer or agent can give your evidence for you. The Tribunal decides a partner visa review largely on what the applicant and sponsor say about their own relationship, tested against the documents. A representative can make sure you understand the issues and can put the case in its legal frame, but your account of your relationship must be your own, and you must correct and confirm any statement before it is filed.

Who is "exempt" and why it matters after a refusal

Department forms explain that some people can give immigration assistance without being a registered migration agent or a legal practitioner. They include a close family member, a sponsor or nominator, a member of parliament or their staff, and certain officials. An exempt person must not charge a fee. A sponsor who helps their partner with a review is therefore acting lawfully, but is not a professional representative. If you are deciding between a family member and a paid partner visa refusal lawyer or agent, the issue is skill and experience with Tribunal review, not legality.

What a partner visa refusal lawyer or agent does in the first week

In the first week after a refusal, a partner visa refusal lawyer or agent should confirm the deadline, confirm who must lodge, read the refusal decision, lodge the review application, and put the appointment paperwork in place with both the Department and the Tribunal. Everything else in the review builds on those steps, and a delay in any of them can put the whole review at risk.

Day one: the deadline and the right applicant

The first task is to establish when the refusal was notified. The notification date depends on how the decision was sent, for example by email or through ImmiAccount, and the rules on when a person is taken to have received a document. From that date, the representative works out the last day to lodge and records it. At the same time, the representative confirms whether the applicant or the sponsor must make the review application, and whether the applicant is in Australia if presence is required. Anyone acting as your partner visa refusal lawyer or agent should give you this information in writing at the first contact.

The first reading of the refusal

The second task is a first reading of the refusal decision. At this stage the representative is not yet writing submissions. They are identifying the grounds of refusal, the findings that support each ground, and the kind of evidence that will be needed. This first reading also tells you whether there are related issues, such as a bridging visa question, a Schedule 3 issue or a sponsorship issue, that need attention at the same time.

Lodging the review application

The third task is lodging the review application with the Tribunal in the correct form, with the information the Migration Act requires and in the name of the correct person. A valid application on time preserves your right to review. Submissions and evidence can follow later in the timetable the Tribunal sets. A careful partner visa refusal lawyer or agent will not delay lodgement while waiting for evidence to be gathered.

Paperwork and the Department's file

The fourth task is administrative but important: lodging Form 956 with the Department, lodging the appointment form with the Tribunal, and requesting the Department's file under section 362A of the Migration Act once the review is on foot. When these steps are complete, the review is properly set up and the substantive work can begin. If you have already spoken to a representative and none of these steps has been discussed, ask about them directly.

Why a refusal changes how you choose a representative

A refusal changes the choice because the review has a fixed statutory deadline, a narrower set of issues defined by the decision record, and a hearing at which the couple will be questioned directly. Choosing a partner visa refusal lawyer or agent before lodgement is about preparation. Choosing one after a refusal is about speed, diagnosis and advocacy.

The deadline is short and cannot be extended

For a reviewable migration decision, including a refused Subclass 820, Subclass 801, Subclass 309, Subclass 100 or Subclass 300 visa where review rights exist, subsection 347(3) of the Migration Act requires the review application to be made within 28 days after the day the person is notified of the decision, or within 7 days if the applicant is in immigration detention. The Department's merits review instruction confirms that this period cannot be extended. A late application is not properly made, and the Tribunal has no jurisdiction to hear it.

That is why the first thing any partner visa refusal lawyer or agent should do is confirm the date of notification and the last day to lodge, in writing. The guide to the partner visa appeal deadline and the explanation of what to expect at an ART review set out the process in more detail.

Who must lodge depends on the visa

For an onshore refusal of a Subclass 820 visa and Subclass 801 visa, the review application is made by the visa applicant, who must be physically present in Australia when it is made. For an offshore Subclass 309 visa or Subclass 300 visa refusal, the review application is generally made by the Australian sponsor under subsection 338(5). A partner visa refusal lawyer or agent who lodges in the wrong person's name, or for an applicant who is offshore when the law requires presence in Australia, can lose the review entirely. This is one of the clearest reasons to appoint an experienced representative early.

The review is defined by the decision record

The Tribunal reviews the decision afresh on the merits and can consider new evidence, but the refusal reasons tell you where the case is weakest. A refused partner visa is usually refused for identifiable reasons: doubts about whether the relationship is genuine and continuing, an unmet Schedule 3 criterion, a sponsorship limitation, a public interest criterion, or problems with the information given. The common reasons why partner visas get refused shape what your representative must do on review.

What to look for in a partner visa refusal lawyer or agent

The most important things to look for in a partner visa refusal lawyer or agent are direct experience with refusals of your type, a disciplined reading of the decision record, a clear evidence strategy, thorough hearing preparation and reliable deadline control. These qualities matter whether the person is a registered migration agent or a legal practitioner, and they are the qualities a prospective client can actually test before engaging anyone.

Experience with refusals of this type

Partner visa refusals are not all the same. A refusal for a Subclass 820 visa on the genuine relationship ground raises different issues from a refusal on Schedule 3, on sponsorship limitations, on a de facto relationship that had not lasted 12 months, or on an applicant who held a no further stay condition. A good partner visa refusal lawyer or agent should be able to tell you, without hesitation, how often they handle reviews of the same kind and what those reviews usually turn on.

Ask about the refusal ground, not only about partner visas in general. Someone who has prepared many first-instance applications may be very capable, but a Tribunal review asks for a different set of skills: analysing a refusal, rebuilding the evidence around the reasons, and preparing people to be questioned.

Reading the decision record properly

A competent partner visa refusal lawyer or agent will insist on reading the full decision record before giving firm advice. That means the refusal letter, the statement of reasons, the information the decision maker relied on and, once the review is lodged, the material the Department gives the Tribunal. Under section 362A of the Migration Act, the applicant is entitled to ask the Department for access to the written material it gave the Tribunal for the review. The Department's instruction records that the Tribunal's practice direction expects that request to be made as soon as practicable, and that a late request will not by itself justify adjourning a hearing.

Reading the record is where a review is won or lost. The representative should identify each finding the decision maker made, the evidence each finding rested on, any evidence the decision maker did not mention, and any finding that rests on a misunderstanding of the facts. For a relationship refusal, this includes checking how each of the four aspects of the relationship was dealt with.

Evidence strategy

The Tribunal decides the review on the evidence before it at the time of its decision. A partner visa refusal lawyer or agent should therefore be able to explain what new evidence will answer each refusal reason, what evidence is realistically available to you, and what is not worth gathering. That includes updated financial and household records, further Form 888 statements from people who know the couple, an updated relationship statement and, where relevant, documents dealing with Schedule 3, sponsorship or character issues.

A sound evidence strategy also deals with inconsistencies. Many relationship refusals rest on differences between interview answers, forms and documents. The representative must identify them, explain them honestly where an explanation exists, and make sure the couple's own accounts are consistent before the hearing. The guides to Form 888 examples and common mistakes and to the 820 partner visa evidence checklist explain the evidence most often involved.

Hearing preparation

Most partner visa reviews involve a hearing at which the Tribunal member questions the applicant, the sponsor and sometimes witnesses. The hearing is often where the decision is made. A partner visa refusal lawyer or agent should explain how the hearing works, what topics the member is likely to cover, how to give clear and truthful answers, and what happens if a question is not understood.

Preparation is not rehearsal of scripted answers. Scripted evidence is easy to detect and damages credibility. Good preparation means making sure each partner understands the issues, has reviewed their own statements and the documents, and can give their own honest account in their own words.

Deadline control

A partner visa refusal lawyer or agent must manage two kinds of deadline: the statutory deadline to apply for review, and the deadlines the Tribunal sets once the review is under way, such as dates for documents, submissions and responses to Tribunal invitations. Missing the first loses the review. Missing the others can mean the Tribunal decides without your evidence. Ask how the representative records and checks deadlines, and who is responsible for them.

Communication and responsiveness

After a refusal, couples are often anxious and the timeframes are tight. A good partner visa refusal lawyer or agent tells you clearly what is happening, what they need from you, and by when. You should know how the matter will be supervised, how to contact the representative, and how quickly you can expect a response during the review.

Questions to ask before engaging a partner visa refusal lawyer or agent

The best questions to ask before engaging a partner visa refusal lawyer or agent are questions that test experience, method and accountability, because these predict how the review will be run. The questions below are a practical list. A professional representative should be comfortable answering all of them.

Questions about authority to act

• Are you a registered migration agent or an Australian legal practitioner?
• What is your registration number, or which body issued your practising certificate?
• Will you lodge Form 956 with the Department and the appointment form with the Tribunal?

Questions about experience

• How often do you handle reviews of partner visa refusals on this ground?
• Do you handle reviews for onshore Subclass 820 and Subclass 801 refusals, offshore Subclass 309 and Subclass 300 refusals, or both?
• Have you dealt with refusals that also involve Schedule 3, sponsorship limitations or character issues?

Questions about the deadline and lodgement

• What is my last day to apply for review, and how did you work it out?
• Who must lodge the review application in my case: the applicant or the sponsor?
• What do you need from me now to lodge on time?

Questions about strategy

• What do you see as the main problem in the refusal reasons?
• What new evidence do you expect will be needed?
• Will you request the Department's file under section 362A?
• What will the written submissions cover, and when will they be filed?

Questions about the hearing

• How will you prepare the applicant, the sponsor and any witnesses?
• Will you attend the hearing?
• What happens if the Tribunal raises a new issue at or after the hearing?

Questions about terms of engagement

• What work is included in the engagement, and what is not?
• Will I receive written terms before work starts?
• What happens to my file if I change representative?

Registered migration agents must communicate their fees and charges under the Code of Conduct, and lawyers must give costs disclosure under their state or territory legal profession legislation. Either way, you should receive written terms before work begins. The guides to choosing Australian migration lawyers, immigration lawyer fees and choosing one and fixed-fee immigration lawyers explain how engagement terms are usually structured.

A hypothetical example of asking the right questions

Consider a hypothetical couple whose Subclass 820 application has been refused because the decision maker was not satisfied the relationship was genuine. They speak to two representatives in the same week. The first gives a general reassurance about partner visas. The second asks to see the refusal decision immediately, confirms the last day to lodge, explains that the reasons rely heavily on inconsistent interview answers about where the couple lived, and outlines the documents and statements that would address that issue. The second response tells the couple far more about how the review will be run, whatever the title of the person giving it.

How to check a partner visa refusal lawyer or agent before you engage them

You check a partner visa refusal lawyer or agent by confirming their authority to act with the body that regulates them: the Register of Migration Agents for a registered migration agent, and the practising certificate register kept by the relevant state or territory regulator or law society for a lawyer. This takes only a few minutes and should be done before you sign anything or hand over documents.

Checking a registered migration agent

The OMARA Register of Migration Agents is public. It shows the agent's name, registration number and whether their registration is current. If a person tells you they are a registered migration agent but you cannot find them on the register, do not engage them until the discrepancy is explained.

Checking a lawyer

Each state and territory keeps a register of lawyers who hold current practising certificates, and Department forms point to the Law Council of Australia and the state and territory legal professional bodies for this information. Confirm that the lawyer holds a current certificate. Do not search for the lawyer on the migration agent register and draw a conclusion from their absence, for the reasons explained earlier in this guide. The guides to Australian migration lawyers: how to find, check and choose one and immigration lawyers Australia cover these checks in more detail.

Unregistered advisers

A person in Australia who is not a registered migration agent, not a legal practitioner and not an exempt person must not give immigration assistance. An exempt person must not charge a fee. If someone offers to "handle your appeal" for a fee but cannot show registration or a practising certificate, that is a serious warning sign. Department forms also warn that some applicants have been victims of scams by advisers who promise guaranteed visas. No partner visa refusal lawyer or agent can guarantee the outcome of a Tribunal review.

Lawyer or migration agent: does it matter for a partner visa review?

For most partner visa reviews at the ART, whether you choose a lawyer or a migration agent matters less than the individual's experience and method, because both can represent you before the Tribunal and both are subject to professional regulation. The comparison is factual, not a ranking. Each scheme has features that some clients prefer.

Features clients often weigh

Some clients prefer a legal practitioner because they want one firm to manage the review and any related legal issue that may arise, such as a family law matter affecting the relationship or a question that requires legal advice beyond migration procedure. Others prefer a registered migration agent who works exclusively in migration and whom they already trust. Both preferences are legitimate. When you are choosing a partner visa refusal lawyer or agent, the better question is whether this person, in this practice, is the right fit for this refusal.

Court proceedings are a separate matter

If an ART decision is unfavourable, any court proceedings are a separate matter with their own rules and time limits, and they are outside the scope of this guide. The focus for anyone whose partner visa has just been refused should be the merits review, because the Tribunal can consider the whole case afresh, including new evidence.

Where the guides on lawyers and agents fit together

The general migration agent vs immigration lawyer guide compares the two professions across all visa types. The guide to whether to use a migration agent or lawyer for a partner visa deals with the application stage. This guide deals only with choosing a partner visa refusal lawyer or agent once a refusal has arrived. The guide on what a visa appeal lawyer does explains the review role more broadly.

Form 956 and the Tribunal's appointment form

Form 956 tells the Department of Home Affairs who represents you, and the Tribunal's Appointment of Representative form tells the ART. A partner visa review involves both bodies, so whichever partner visa refusal lawyer or agent you appoint should make sure both appointments are in place and kept up to date.

Form 956 with the Department

Form 956 is the Department's form for the appointment of a registered migration agent, legal practitioner or exempt person. The representative and the client each sign a declaration. Once it is lodged, the Department sends written communications about the matter to the representative. Form 956 is also used to end an appointment. The guide to Form 956 and 956A explains the form, including the difference between appointing a representative and appointing an authorised recipient.

Form 956 matters on review because the Department remains involved. It provides the Tribunal with its file, and if the Tribunal remits the matter, the application returns to the Department for a new decision. A representative who is appointed with the Tribunal but not with the Department may not receive the Department's correspondence when the matter comes back.

The Appointment of Representative form at the ART

The Administrative Review Tribunal (Migration, Protection and Character) Practice Direction 2026 says that a person who starts representing an applicant after the review application has been lodged must notify the Tribunal in writing as soon as possible and lodge the Tribunal's Appointment of Representative or Appointment of Authorised Recipient form. Where the representative lodges the review application, they must give the Tribunal separate contact details for the applicant as well as their own.

The practice direction also states that it is the responsibility of the applicant and the representative to make sure the Tribunal knows who is representing the applicant at all times. If the Tribunal does not know who your partner visa refusal lawyer or agent is, notices about hearings and requests for information may go to the wrong place.

Why the appointment paperwork is not a formality

Missing a Tribunal invitation can have serious consequences. Under the ART Act, the Tribunal may dismiss an application if the applicant fails to appear at a case event, such as a hearing, after receiving proper notice. Clear appointment paperwork reduces that risk. A careful partner visa refusal lawyer or agent will confirm in writing that both appointments have been lodged and acknowledged.

Changing your partner visa refusal lawyer or agent during the review

Yes, you can change your partner visa refusal lawyer or agent during an ART review, but the change must be notified to both the Tribunal and the Department, and it should be done in a way that does not put any review deadline at risk. Clients change representatives for many reasons: a loss of confidence, a change in the complexity of the case, a representative ceasing practice, or simply a wish for a second view.

How the change is made

Under the practice direction, when a representative stops acting they must notify the Tribunal in writing as soon as possible of the date the cessation took effect and the applicant's last known contact details. The new representative must notify the Tribunal and lodge the appointment form. With the Department, Form 956 is used to end the previous appointment and to record the new one.

Getting your file

A new partner visa refusal lawyer or agent needs the whole file: the visa application, the documents lodged, any interview record, the refusal decision, the review application and anything already filed with the Tribunal. Ask the previous representative for the file promptly. If documents given to the Tribunal by the Department are missing, the new representative can make a request under section 362A of the Migration Act. Because the Tribunal does not treat a late request as an adequate reason by itself for adjourning a hearing, a change of representative close to a hearing should be handled urgently.

Timing the change

The safest time to change representative is well before the hearing and well before any deadline the Tribunal has set. A change of partner visa refusal lawyer or agent shortly before a hearing does not automatically entitle you to an adjournment. If you are thinking about changing, get advice early. The guides on how to change your immigration lawyer in Australia and getting a second opinion from an immigration lawyer explain how to approach the change without losing momentum.

If the original application was prepared by someone else

Many couples who were refused prepared the application themselves or with another representative. That does not prevent a new partner visa refusal lawyer or agent from taking over the review. The new representative will read the record with fresh eyes and may identify issues that were not dealt with at the first stage. The guides to hiring an immigration lawyer after lodging your own application and partner visa lawyer vs doing it yourself explain how that hand-over usually works.

Common mistakes when choosing a partner visa refusal lawyer or agent

The most common mistakes when choosing a partner visa refusal lawyer or agent are waiting too long, choosing on title or price alone, failing to check registration or a practising certificate, and engaging someone who has not read the refusal decision. Each mistake is avoidable.

Waiting before deciding

The review deadline runs from notification, not from the date you find a representative. Every day spent deciding is a day less for the representative to prepare a proper review application. Speak to a partner visa refusal lawyer or agent in the first days after the refusal. If you need help urgently, the guide to urgent immigration lawyer advice explains what to do first.

Choosing on title alone

A title does not tell you whether the person has run reviews like yours. A capable registered migration agent with deep partner visa review experience may suit one case. A lawyer with the same experience may suit another. Choosing a partner visa refusal lawyer or agent should be based on experience, method and fit.

Not checking authority to act

Engaging an unregistered adviser can leave you without professional protections and, in the worst cases, without a valid review application. Check the register or the practising certificate before you sign.

Engaging before anyone has read the refusal

Advice given without reading the decision is guesswork. A partner visa refusal lawyer or agent should ask for the refusal decision at the first contact and should give advice that refers to the actual reasons for refusal.

Accepting promises about the outcome

No partner visa refusal lawyer or agent can promise that the Tribunal will remit or set aside the decision. A representative who guarantees an outcome is giving you a reason to look elsewhere.

Forgetting the bridging visa and the visa conditions

An onshore applicant who applies for review in time usually remains lawful on a bridging visa while the review is decided. The rules depend on the visa held. A good partner visa refusal lawyer or agent will explain your status and any work or travel conditions during the review. The guides to bridging visas in Australia, Bridging visa A and Bridging visa B cover the basics, and the guide to work rights while waiting for a Subclass 820 visa explains the work position.

Choosing a partner visa refusal lawyer or agent for an offshore refusal

Choosing a partner visa refusal lawyer or agent for an offshore Subclass 309 or Subclass 300 refusal follows the same principles as an onshore refusal, but the sponsor is usually the review applicant and the evidence often has to come from two countries. The representative must therefore work closely with the Australian sponsor, who lodges the review, and with the applicant overseas, whose evidence remains central.

The sponsor's role in an offshore review

For an offshore refusal, the sponsor generally makes the review application under subsection 338(5) of the Migration Act and is the party before the Tribunal. The sponsor will usually give evidence at the hearing, and the Tribunal may also take evidence from the applicant. A partner visa refusal lawyer or agent handling an offshore review should explain clearly to both partners who is the review applicant, who will give evidence, and how evidence from overseas will be gathered and provided.

Evidence across two countries

Offshore couples are often living apart, so the household aspect of the relationship is thin for that period and evidence of contact, visits, financial support and joint plans carries more weight. Documents from overseas may need translation. A representative experienced with offshore reviews will plan for these practical issues early, so that the evidence reaches the Tribunal within its timetable.

What happens after the ART decides a partner visa review?

After the ART decides a partner visa review, it will 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. Where the Tribunal finds in the applicant's favour on a partner visa review, it commonly remits the matter with a direction that a particular criterion is met, and the Department then completes the remaining checks before deciding the application.

Remittal is not the end of the process

A remittal is not a visa grant. After remittal, the Department must still deal with the criteria that were not before the Tribunal, which may include health, character and other public interest criteria, and may ask for updated documents. Your partner visa refusal lawyer or agent should stay involved until the Department makes its new decision. For an onshore couple, the permanent stage then follows under the rules explained in the guide to Subclass 820 vs Subclass 801.

If circumstances change during the review

Relationships, addresses and family circumstances can change during a review. Changes must be disclosed honestly. Where a relationship has ended, the guide to what happens if the relationship breaks down applies, and where family violence is involved, the family violence provisions may be relevant. Changes that occur before the Tribunal decides should be raised with your partner visa refusal lawyer or agent straight away. The guide to Form 1022 change of circumstances explains how changes are reported to the Department.

Applying again instead of seeking review

Some couples ask whether they can simply lodge a new application instead of seeking review. For many onshore applicants, section 48 of the Migration Act, Schedule 3 and the conditions on their visa can limit that option, and the guide to a partner visa after a visa refusal explains the issues. Where an applicant would need a waiver, the Schedule 3 waiver page and the guide to a Schedule 3 partner visa waiver are relevant. A partner visa refusal lawyer or agent should compare these options with you before the review deadline passes, not after.

How My Migration Lawyers helps after a partner visa refusal

My Migration Lawyers helps after a partner visa refusal by reading the full decision record, confirming the review deadline and the correct person to lodge, and then building the review around the specific reasons the Department gave. The firm acts in many partner visa refusal reviews at the Administrative Review Tribunal and regularly takes on complex cases, including relationship refusals based on interview inconsistencies, refusals involving Schedule 3, sponsorship limitations and character issues, and reviews that another representative or the couple themselves started. It is well placed to handle reviews of this kind.

If you are weighing up a partner visa refusal lawyer or agent, the most useful thing the firm can give you at the start is a clear view of your refusal: what the decision maker found, why, and what evidence the Tribunal is likely to need. That view lets you decide on representation with real information, not guesswork.

What the firm does on a partner visa review

First, the firm confirms the date of notification, the last day to apply and who must lodge, and lodges the review application correctly. Second, it lodges Form 956 with the Department and the appointment form with the Tribunal so that every notice reaches the firm. Third, it requests the Department's file under section 362A and analyses each refusal finding against the evidence and the law. Fourth, it advises the couple on the further evidence that will answer each finding, reviews each partner's own statement for gaps and inconsistencies, and the couple correct and confirm their own accounts. Fifth, it prepares written submissions for the Tribunal. Sixth, it prepares the applicant, the sponsor and any witnesses for the hearing and attends the hearing with them. If the Tribunal remits the matter, the firm continues to act while the Department completes its decision.

Where a refusal raises related issues, the firm advises on them in the same matter, including visa refusals generally, visa cancellations and the LGBTI partner visa issues that sometimes arise where a relationship cannot be openly acknowledged. Couples who have just been refused can also read the guides on why Subclass 820 visas are refused, the section 56 request for more information and the s57 natural justice letter, which explain how many refusals develop.

Who leads partner visa review work

Partner visa review work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is an Australian immigration law firm, and more about its approach is on the About My Migration Lawyers page and the partner visa lawyers page. The guides to the partner visa lawyer role, to an immigration lawyer for a partner visa and to what an immigration lawyer does explain the firm's wider work.

The firm acts for couples across Australia, with consultations by video, including partner visa clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Couples comparing representatives can also read the guides to choosing the best partner visa lawyer in Australia and the best migration lawyer in Australia, and the guide to booking an immigration lawyer consultation.

Book a consultation about your partner visa refusal

If your partner visa has been refused and you are deciding on a partner visa refusal lawyer or agent, act while the review period is still open. Book a Consultation with My Migration Lawyers to have your refusal decision reviewed and your review options explained. You can also call 1300 040 300.