Key Takeaways
- A partner visa refusal letter is the Department of Home Affairs notice that your partner visa application has been refused. It must state the criterion you were found not to meet, give written reasons, and explain any right to have the decision reviewed by the Administrative Review Tribunal (ART).
- Most partner visa refusal letters come with a separate decision record. The decision record is where the delegate sets out the evidence, findings and reasons. The covering letter only summarises the outcome.
- The review deadline is short and strictly applied. It runs from the date you are taken to have received the decision, which depends on how the letter was sent, not on the day you read it. Act immediately.
- Who can apply for review depends on the visa. Onshore Subclass 820 and Subclass 801 applicants apply themselves and must be in Australia. For offshore Subclass 309 and Subclass 300 refusals, the Australian sponsor applies.
- Do not leave Australia, do not assume you can simply lodge a new application, and do not wait for your file before acting. Have a lawyer read the whole partner visa refusal letter and decision record straight away.
What is a partner visa refusal letter?
A partner visa refusal letter is the written notice the Department of Home Affairs sends when a delegate decides not to grant your partner visa. If you have just received a partner visa refusal letter, the most important facts are on its first and last pages: the visa that was refused, the date of the decision, and the paragraph about your review rights. Read those parts first. Then read the reasons.
The partner visa refusal letter is a legal document. It is not a general update or a warning. Under section 65 of the Migration Act 1958 (the Act), the Minister must refuse a visa if not satisfied that the applicant meets every prescribed criterion. Section 66 of the Act then requires the Department to notify the applicant of that refusal in the prescribed way. The letter you hold is that notification. Everything that happens next, including your bridging visa position and your right to seek review, is measured from it.
Many people receive their partner visa refusal letter by email through their ImmiAccount or their authorised recipient, often without warning. Some had already answered a request for more information under section 56 or an invitation to comment on adverse information under section 57. Others had heard nothing for months. Either way, the refusal is now a decision. It will not change by itself, and the Department will not reopen it because you write back.
This article explains how to read a partner visa refusal letter line by line, what each part means, and what to do while there is still time to act. If you want the broader picture of the review pathway, our guide to partner visa refusal and your appeal options and our partner visa refusals service page cover the process after review is lodged.
The two documents in a partner visa refusal letter
Most partner visa refusal letters are made up of two separate documents: a notification letter and a decision record. People often read only the first one. That is a mistake, because the substance of the decision is almost always in the second.
The notification letter
The notification letter is usually short. It identifies the applicant, the visa subclasses applied for, the application date and transaction reference, and the date of the decision. It states that the visa has been refused and names the criterion or criteria the delegate found were not met. It then sets out the review rights paragraph. In onshore matters, it also says something about the effect of the decision on your bridging visa.
The notification letter is the document that triggers time. It is the letter whose method of delivery decides when you are taken to have received the decision. Keep it exactly as it arrived.
The decision record
The decision record, sometimes headed "Decision Record" or "Statement of Reasons", is the delegate's written analysis. A typical decision record lists the documents and information the delegate considered, summarises the application, sets out the legislation applied, records the delegate's findings on the evidence and explains why a particular criterion was not satisfied. In a relationship refusal, the decision record usually goes through the financial aspects, the nature of the household, the social aspects and the nature of the couple's commitment to each other, and explains what weight the delegate gave each one.
The decision record is what a lawyer reads most closely. It shows what the delegate accepted, what the delegate rejected, and why. It also shows what the delegate did not consider. A partner visa refusal letter without the decision record is only half of the decision. If you cannot find a decision record attached to your partner visa refusal letter, check every attachment in your ImmiAccount and every email from the Department, and tell your lawyer immediately.
Refusal of the second stage visa at the same time
Partner visas are applied for in combined pairs. An onshore applicant applies for a temporary Subclass 820 visa and a permanent Subclass 801 visa at the same time. An offshore applicant applies for a provisional Subclass 309 visa and a permanent Subclass 100 visa. Department policy requires that when the first stage visa is refused, the second stage application is also refused, because the applicant does not hold the first stage visa. That second refusal is recorded as a separate decision and should appear in the same decision record and partner visa refusal letter, with any review rights that apply. If you are unsure how the two stages fit together, our explanation of Subclass 820 and Subclass 801 sets it out.
What must a partner visa refusal letter contain?
A partner visa refusal letter must tell you which criterion you did not meet, why, and whether and how you can seek review. These are not courtesies. They are requirements of section 66 of the Act.
In general terms, section 66(2) requires the notification of a refusal to:
- specify the criterion the applicant was found not to satisfy;
- specify the legal provision that prevented the grant, where the refusal is because of a provision of the Act or Regulations rather than a criterion;
- give written reasons, other than non-disclosable information, why the criterion was not satisfied or the provision prevented the grant; and
- if the decision can be reviewed, state that it can be reviewed, the time in which the application for review may be made, who can apply for review and where the application can be made.
That last element is the review rights paragraph. Department policy describes it as something the notice must set out "as a matter of law". This is why a partner visa refusal letter can look formulaic. The wording is largely standard, but the details inside it, such as who may apply and where, change depending on the visa, the applicant's location and the provision the decision falls under.
Character refusals are different. If your partner visa refusal letter refers to section 501, 501A, 501B or 501F of the Act, section 66 does not apply to that decision. Notification is governed by section 501G instead, and the review rules are different. A character based refusal needs urgent, specialist attention. Our page on partner visa refusals explains how My Migration Lawyers approaches those matters, and the related page on visa cancellations covers character based cancellation.
How do you find the criteria the delegate found were not met?
You find the criteria in two places in a partner visa refusal letter: the summary sentence in the notification letter and the headings of the decision record. Look for clause numbers in the form "820.211", "820.221", "309.211" or "300.216", and for references to Schedule 3 criteria, public interest criteria numbered 4001 to 4020, or regulations such as 1.15A and 1.09A.
Each clause number points to a specific legal requirement in Schedule 2 of the Migration Regulations 1994. The clause tells you exactly what the delegate decided you did not prove. That matters because review, and any later application, must deal with that criterion and the reasons given for it. A partner visa refusal letter that refuses on one criterion does not necessarily mean the delegate accepted every other criterion. It often means the delegate did not need to decide them.
Relationship criteria: regulations 1.15A and 1.09A
The most common ground in a partner visa refusal letter is that the delegate was not satisfied the applicant is the spouse or de facto partner of the sponsor. For married couples the test is in section 5F of the Act and regulation 1.15A. For de facto couples it is in section 5CB of the Act and regulation 1.09A. Both require the delegate to consider all the circumstances of the relationship, including the four aspects the Regulations name: the financial aspects, the nature of the household, the social aspects and the nature of the persons' commitment to each other.
A relationship refusal will usually appear in the partner visa refusal letter as a failure to satisfy the time of application criterion in clause 820.211 or 309.211, the time of decision criterion in clause 820.221 or 309.221, or both. The decision record then explains which aspects the delegate found weak and why. If your refusal is about the genuineness of the relationship, the evidence that answers it is discussed in our guides to proving a genuine relationship, the relationship statement and de facto partner visas and the 12 month rule.
Time of application criteria and Schedule 3
Some partner visa refusal letters have nothing to do with the relationship. They refuse because the applicant did not hold a substantive visa when the application was made and did not satisfy the Schedule 3 criteria, or because the delegate was not satisfied there were compelling reasons for not applying them. In a Subclass 820 matter this usually appears as a failure of clause 820.211 linked to Schedule 3. These refusals turn on dates, visa history and compelling reasons, not on photographs and joint bills. Our guides to Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the test, and our Schedule 3 waiver service page explains how My Migration Lawyers prepares these matters.
Public interest criteria
A partner visa refusal letter may also refer to a public interest criterion in Schedule 4. The common ones in partner matters are PIC 4001 (character), the health criteria, and PIC 4020 (the integrity criterion about false or misleading information and bogus documents). A refusal under PIC 4020 can carry consequences for later applications, so the reference to "4020" in a partner visa refusal letter should never be read lightly. Other refusals refer to identity or travel document requirements. Each of these needs a different response from a relationship refusal.
Sponsorship criteria
Finally, a partner visa refusal letter may say the sponsor could not be approved, or that a limitation on sponsorship applied. These limitations can involve previous sponsorships, previous partner visas held by the sponsor, or the sponsor's own history. They are explained on our sponsorship limitations page and in our article on when a sponsor cannot sponsor a partner visa. A sponsorship based refusal is not a finding that the relationship is not genuine, and it is answered differently.
A hypothetical example of reading the decision record
The following example is hypothetical. It is included only to show how the parts of a refusal decision fit together.
Assume an applicant in Australia lodged a Subclass 820 and Subclass 801 application while holding a student visa. The student visa later expired, and the applicant was granted a Bridging Visa A. Two years later, the applicant receives a refusal by email through an authorised recipient.
The notification letter says the Subclass 820 visa is refused because the applicant does not satisfy clause 820.221, and that the Subclass 801 visa is refused because the applicant does not hold a Subclass 820 visa. It states that the decision is reviewable by the ART, that only the applicant may apply, that the applicant must be in Australia when applying, and the time limit.
The decision record then explains the reasoning. The delegate accepted that the couple live at the same address. The delegate gave little weight to the joint bank account because it had few transactions. The delegate noted that the two partners gave different accounts at interview of how they spent a recent holiday. The delegate found the Form 888 statements were general and did not describe the couple as a couple. The delegate concluded that the relationship was not genuine and continuing at the time of decision.
Read properly, this decision tells the applicant several things. The problem is the time of decision criterion, not the time of application criterion. The household evidence was accepted. The concerns are specific: financial evidence, interview consistency and witness evidence. Each of those concerns can be addressed on review with better evidence and a careful explanation. The decision also tells the applicant that they are now on a bridging visa with no substantive visa, so section 48 applies and Schedule 3 may be relevant to any new application. That is why review, not reapplication, is usually the first question.
Interviews and adverse information referred to in the decision
A decision record often refers to an interview, a site visit or information from a third party. Check whether that information was put to you before the decision, for example in a section 57 invitation. If the decision relies on information you never had a chance to answer, that is something a lawyer will want to examine closely. The Tribunal will also put adverse information to you on review, and you will have a chance to respond.
Reading the review rights paragraph in a partner visa refusal letter
The review rights paragraph in a partner visa refusal letter tells you whether the decision can be reviewed by the Administrative Review Tribunal, who may apply, where to apply and the time limit. It is the most important paragraph in the letter, and it should be read before anything else.
Since 14 October 2024, merits review of partner visa decisions has been conducted by the Administrative Review Tribunal (the ART), which replaced the Administrative Appeals Tribunal. Older partner visa refusal letters and some Department policy documents still refer to the AAT. The review application now goes to the ART.
Merits review means the Tribunal looks at the case again. It considers the law and the evidence as they stand when it makes its own decision, and it can consider new evidence. That makes the review application a real second opportunity for many partner visa matters. It is explained in detail in our guide to what to expect from an ART review. This article stays with the letter itself.
Who can apply for review
Who can apply depends on the subsection of section 338 of the Act that makes the decision reviewable. A correct partner visa refusal letter names the right person. In summary:
- Subclass 820 and Subclass 801 refusals. The decision is generally reviewable under section 338(2). Only the applicant can apply, under section 347(2), and the applicant must be physically present in Australia when the review application is made, under section 347(3).
- Subclass 309 refusals where the applicant is outside Australia at the time of decision. Review is available under section 338(5). The application must be made by the Australian sponsor, who may be in Australia or overseas when applying.
- Subclass 300 refusals. The application for review must be made by the sponsor.
- Subclass 100 refusals. Review rights depend on where the applicant was when the application was made and when the decision was made. A Subclass 309 holder who is outside Australia when the Subclass 100 visa is refused generally has no right to merits review. A person who was in Australia when the decision was made may have review rights, but only if they are still in Australia when they apply.
If your partner visa refusal letter says you have no review rights, do not accept that statement without advice. Equally, if it says you do have review rights, follow its instructions about who must apply exactly. A review application lodged by the wrong person is not a valid application.
Where the review application is made
A partner visa refusal letter will say that the review application is made to the ART and how to lodge it. Applications are generally made online. The application must be complete and valid, and it must be accompanied by the prescribed fee unless a fee reduction applies. Do not confuse an email to the Department with an application to the Tribunal. Writing back to the case officer does not seek review. Only a valid application lodged with the ART does.
The deadline in a partner visa refusal letter
The deadline in a partner visa refusal letter is short and strictly applied. The ART generally has no power to extend it. The letter states the time limit. Read it, write down the date it produces, and act immediately.
Do not plan to use the whole period. A review application needs the decision, the correct applicant details and a decision about what is being reviewed. A lawyer can only add value if there is time to read the partner visa refusal letter, check the decision record and lodge properly. Waiting until the final days of the period removes that time and leaves no room for an error to be fixed.
How the method of notification affects when time starts
Time does not run from the day you open the partner visa refusal letter. It runs from the day you are taken to have received it. Section 494C of the Act sets the rules for each method of notification under section 494B:
- If the decision is given to you in person, you are notified immediately.
- If the decision is sent by email or other electronic means, you are taken to have received it at the end of the day it was transmitted.
- If the decision is posted, you are taken to have received it after a fixed deeming period that runs from the date of the letter. The period differs depending on whether the letter is posted to an address in Australia or overseas.
If you have appointed an authorised recipient, such as a lawyer or registered migration agent, the Department sends the partner visa refusal letter to that person, and notification to them is notification to you. If you were overseas, had changed your email, or had not checked your ImmiAccount, time may already be running. This is why the first question a lawyer asks is "How and when did the letter arrive?" Keep the email exactly as received, with its date and time. If the partner visa refusal letter came by post, keep the envelope.
What does a partner visa refusal letter say about your bridging visa?
A partner visa refusal letter for an onshore applicant usually explains that the bridging visa granted with the application continues for a limited time after the decision, and continues for longer if a valid review application is lodged in time. The bridging visa does not end on the day of the refusal, but it does not last indefinitely either.
When a Subclass 820 and Subclass 801 application is refused while the applicant is in Australia, Department policy describes the bridging visa as allowing the applicant to remain lawfully after notification of the refusal, either to make arrangements to leave or to apply to the Tribunal. The type of bridging visa depends on the applicant's immigration status when the partner visa application was made. Many applicants hold a Bridging Visa A. Others hold a Bridging Visa C or another bridging visa. Our overview of bridging visas in Australia explains the differences.
If a valid review application is lodged within the time limit, the associated bridging visa generally continues while the review is pending and for a period after the Tribunal's decision. If no review application is lodged, the bridging visa ceases a set period after the refusal. Once it ceases, a person with no other visa becomes an unlawful non-citizen. That is a serious position, and it can also bring Schedule 3 into play for any later application.
Travel and the bridging visa
A Bridging Visa A ceases if the holder leaves Australia. Section 82(8) of the Act provides for this. A person who wants to leave and return must hold a Bridging Visa B. For an onshore partner visa refusal, leaving Australia has a second consequence: the applicant must be physically present in Australia to make a valid review application under section 347(3). A person who leaves after receiving a partner visa refusal letter can therefore lose both the bridging visa and the right to apply for review. Do not leave Australia without advice.
Work rights
The bridging visa conditions, including any work conditions, generally continue as they were. Our article on work rights while waiting for a Subclass 820 visa explains how those conditions are set. A partner visa refusal letter does not usually change your work conditions by itself, but it does start the clock on how long the bridging visa remains in effect.
What a partner visa refusal letter does not tell you
A partner visa refusal letter tells you the outcome, the reasons and the review rights. It does not tell you whether the decision is correct, what evidence would answer the delegate's concerns, or which option is best in your circumstances.
Several important matters are usually missing from the letter:
- Whether the delegate made an error. The decision record presents the delegate's reasoning as if it were complete. It may have overlooked evidence, misapplied the test in regulation 1.15A or 1.09A, or relied on adverse information that was not properly put to you.
- Whether the relationship evidence can be strengthened. The partner visa refusal letter identifies weaknesses but does not say what would fix them. That is a legal judgement about the evidence, and it is one of the most important parts of preparing for review.
- What happened to the relationship since lodgement. If the relationship has ended, and in particular if family violence was involved, the special provisions in Division 1.5 of the Regulations may be relevant. The partner visa refusal letter will not mention them unless the claim was made. Our family violence partner visa page and our article on what happens if a Subclass 820 relationship breaks down explain this.
- What the consequences are for future applications. The letter will not explain whether section 48 now applies, whether PIC 4020 will affect later applications, or how a refusal must be disclosed in later forms.
- Ministerial intervention. Under section 351 of the Act, the Minister has a personal, non-compellable power to substitute a more favourable decision, but only after the Tribunal has made a decision. It is not an alternative to lodging a review application in time.
None of these matters can be decided from the partner visa refusal letter alone. They require a reading of the whole file.
Secondary applicants and children named in the decision
A partner visa decision usually covers every person included in the application. If dependent children or other family members were included as secondary applicants, their applications are generally refused with the primary applicant's, because secondary applicants must be members of the family unit of a person who satisfies the primary criteria.
The decision record should list each person and each decision. Check that every name, date of birth and transaction reference is correct. Secondary applicants usually depend on the primary applicant's review. If the primary applicant succeeds on review, the family members included in the application are generally considered with them. If anyone in the family has an independent visa pathway or a separate immigration history, that should be raised with a lawyer at the start, because it may change the advice about who should apply for review and what else needs to be done.
Children in Australia may also be relevant to the merits of the matter itself. An Australian citizen child of the relationship, for example, can be significant evidence of the couple's commitment and can be relevant to compelling circumstances in a Schedule 3 matter. The decision record may or may not have dealt with that evidence. If it did not, that is an important point for review.
Onshore and offshore partner visa refusal letters are different
An onshore partner visa refusal letter and an offshore partner visa refusal letter look similar but have different consequences. The key differences are who can apply for review, where the applicant must be, and what happens to the applicant's lawful status.
Onshore: Subclass 820 and Subclass 801
The applicant is in Australia, usually on a bridging visa. The applicant must apply for review personally and must be in Australia when doing so. The bridging visa continues for a limited period, and longer if review is sought in time. Section 48 of the Act may apply if the applicant does not hold a substantive visa. Our guide to why Subclass 820 visas are refused and the general guide to why partner visas get refused set out the common grounds.
Offshore: Subclass 309 and Subclass 100
The applicant is usually outside Australia. If the applicant is outside Australia when a Subclass 309 visa is refused, the review application must be made by the sponsor. The applicant's own immigration status in Australia is usually not in issue, but the sponsor's role becomes central. If the sponsor does not lodge in time, the review right is lost. Our Subclass 309 visa page explains the offshore pathway.
Prospective marriage: Subclass 300
For a refused Subclass 300 visa, the review application must be made by the sponsor. Subclass 300 refusals usually turn on whether the couple have met in person and know each other personally, whether they genuinely intend to marry within the visa period, and whether they genuinely intend to live together as spouses. These are clauses 300.214, 300.215 and 300.216. If the couple have married since the application was made, that fact may be relevant and should be raised with a lawyer immediately.
The My Migration Lawyers Difference
Affordable Fees
Complex Matter Capability
Instalment Payment Options
Two-Day Cooling-off Period
What to do after receiving a partner visa refusal letter
The first steps after receiving a partner visa refusal letter are to work out the deadline, stay in Australia if you are onshore, preserve the letter exactly as it arrived, and get legal advice on the whole decision immediately. These steps protect your options. Everything else can follow.
Step 1: Find the date of the decision and the method of notification
Open the partner visa refusal letter and find the date of decision and the date of the letter. Then work out how it reached you: by email, through ImmiAccount, by post, in person, or through an authorised recipient. Under section 494C, that method decides the date you are taken to have received it, and the review period runs from that date. Write the date down and treat it as fixed.
Step 2: Do not leave Australia without advice
If you are an onshore applicant, stay in Australia. A Bridging Visa A ceases when the holder leaves, and an onshore applicant must be in Australia to apply for review. Even a short trip can end both your lawful status and your right to review. If travel is genuinely unavoidable, get advice before booking anything.
Step 3: Preserve the record
Keep the original email, with its date and time stamp. Download every attachment from ImmiAccount. If the partner visa refusal letter came by post, keep the envelope, because the postmark and the date of the letter may both matter. Keep any earlier letters from the Department, including any section 56 request or section 57 invitation. Do not edit, annotate or forward the only copy.
Step 4: Read the whole decision, not only the covering letter
Read the decision record from start to finish. Note each criterion the delegate found was not met and each reason given. Note any evidence the delegate said was missing or inconsistent. Note anything the delegate said about your interview, your forms or your sponsor. Do not respond to the Department. The decision has been made, and correspondence with the case officer does not change it.
Step 5: Lodge the review application in time
If the partner visa refusal letter gives review rights, a valid review application must be lodged with the ART by the correct person before the time limit expires. The application can be lodged first and the evidence developed afterwards. Do not delay lodgement while you collect documents or wait for a file.
Step 6: Request your file, but do not wait for it
The Department file is often essential to understanding a partner visa refusal letter, because it shows what the delegate actually had. You can request it under the Freedom of Information Act 1982 or the Privacy Act 1988. Once a review is lodged, section 362A of the Act also allows a review applicant to request material given to the Tribunal. A file request does not stop or extend the review deadline. Lodge the review first.
Step 7: Tell the sponsor and keep the relationship evidence current
The sponsor needs to know about the partner visa refusal letter immediately, especially for Subclass 309 and Subclass 300 refusals, where the sponsor is the person who must apply. In onshore matters, the sponsor's evidence and statements are usually central to the review. Keep gathering ordinary evidence of the relationship as life goes on. If your circumstances change, such as a new address or a change in the relationship, the Department or Tribunal may need to be told, and Form 1022 is relevant while the application is with the Department.
Our page on urgent immigration lawyer advice explains what to have ready when you first speak with a lawyer about a partner visa refusal letter.
Common misreadings of a partner visa refusal letter
The most common misreadings of a partner visa refusal letter are that you can simply reapply, that time runs from when you read it, that travel is safe while you decide, and that the sponsor has no role. Each of these can cost the applicant their options.
"I can simply lodge a new partner visa application"
This is the most common and most costly misreading. A new application is not a substitute for review, and in many cases it is not straightforward at all.
Section 48 of the Act applies to a person in Australia who does not hold a substantive visa and who has had a visa refused since last entering Australia. That person may only apply for the visas prescribed in regulation 2.12. Partner visas are among them, but an applicant affected by section 48 must meet additional validity requirements in item 1124B(3)(e) of Schedule 1, including a completed sponsorship form signed by the sponsoring partner. Many people who receive a partner visa refusal letter are on a bridging visa only, and so are caught by section 48.
Even where a fresh application is valid, the same criteria apply again. A person who does not hold a substantive visa may face the Schedule 3 criteria, and the reasons in the first decision are likely to be considered. A further application also involves a new visa application charge. Our article on applying for a partner visa after a visa refusal explains the section 48 position in detail. In most cases, the question of whether to reapply should be decided only after the review position is protected.
"Time runs from the day I read the letter"
No. Time runs from the day you are taken to have received the partner visa refusal letter under section 494C. For electronic notification, that is the end of the day it was sent. If you did not check your inbox for several days, those days may already be gone.
"I can travel while I decide what to do"
Not safely. For an onshore applicant, departure can end the Bridging Visa A and remove the ability to apply for review, because the review application must be made while in Australia. Our guide to Bridging Visa B explains how travel on a bridging visa works, but obtaining one after a refusal is not straightforward and needs advice first.
"The sponsor has nothing to do with it"
Wrong in every partner visa matter, and especially wrong offshore. For a refused Subclass 309 or Subclass 300 visa, the sponsor is the person who applies for review. If the sponsor does not act in time, the applicant overseas cannot fix it. In onshore matters, the Tribunal will usually want to hear from the sponsor, and the sponsor's evidence often decides the relationship question.
"The delegate's findings are now the facts"
No. On merits review, the Tribunal makes its own decision on the evidence before it. The findings in a partner visa refusal letter are the delegate's findings. They can be answered with better evidence, a clearer account of the relationship and properly prepared Form 888 supporting statements. Our guide to Form 888 examples and common mistakes explains what useful witness evidence looks like.
"If I fix the problem, the Department will change its mind"
No. Once the partner visa refusal letter issues, the delegate's decision is final at the Department level. Sending new documents to the case officer does not reopen the application. The route to a fresh decision on the same application is review by the ART.
Getting your Department file after a partner visa refusal letter
Your Department file is the complete record of what the delegate had when the partner visa refusal letter was issued. It can show whether a document was overlooked, whether an interview was recorded accurately, and what third party information was received.
Access is usually sought under the Freedom of Information Act 1982 or the Privacy Act 1988. The request should be specific and should identify the application. If you have appointed a representative, the Department will deal with them in accordance with the authority you have given, as explained in our guide to Form 956 and Form 956A. Once the review is lodged, section 362A of the Act gives the review applicant a right to request a copy of documents given to the Tribunal.
Two points matter most. First, a file request never stops the review deadline in a partner visa refusal letter. Second, the file is a tool for preparing the review, not a precondition to lodging it.
How My Migration Lawyers helps with a partner visa refusal letter
My Migration Lawyers acts in partner visa refusal matters as a regular and central part of its practice. When a client brings a partner visa refusal letter to My Migration Lawyers, the firm reads it as a legal document first and as bad news second. The aim is to protect every option while there is still time to use it, and then to build the strongest available case on review.
In practice, when you bring a partner visa refusal letter to My Migration Lawyers, the work usually includes the following:
- Confirming the deadline. The firm identifies the method of notification, applies section 494C, and confirms the last day for review. If the review application must be lodged by you onshore, or by your sponsor for a Subclass 309 or Subclass 300 refusal, the firm makes sure the right person lodges it.
- Lodging the review application. Where review is available, My Migration Lawyers prepares and lodges a valid application with the ART in time, before the deeper work begins.
- Reading the decision record against the law. The firm checks each criterion cited, whether it is clause 820.211, clause 820.221, a Schedule 3 criterion, a public interest criterion or a sponsorship provision, and tests the delegate's reasoning against the Act, the Regulations and Department policy.
- Checking your status. The firm confirms your bridging visa, your travel position and whether section 48 applies, so that nothing is done that closes off an option.
- Obtaining the file. Where it will help, the firm requests the Department file and the Tribunal documents, and compares them with the decision record.
- Preparing the case for the Tribunal. The firm presents your own account and your evidence in the form the law requires: the relationship statement, Form 888 supporting statements from people who know you as a couple, the sponsor's evidence, and written submissions addressing each reason in the partner visa refusal letter.
- Advising on alternatives. Where the facts call for it, the firm advises on the family violence provisions, a further application, or a different pathway, and when each one is appropriate.
My Migration Lawyers regularly deals with complex partner visa refusal matters, including refusals involving Schedule 3, PIC 4020, sponsorship limitations, relationship breakdown and offshore refusals that must be lodged by the sponsor. The firm is experienced in these matters and has the capacity to act quickly when a deadline is close. No lawyer can promise an outcome, and My Migration Lawyers does not. What the firm offers is a careful reading of your partner visa refusal letter, a clear explanation of your options, and a properly prepared review.
Partner visa refusal matters at My Migration Lawyers are led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, our partner visa lawyers and our wider visa refusals practice. Where a matter goes beyond the Tribunal, the firm also advises on judicial review. For background on how a lawyer can assist part way through a matter, see our guides on hiring a lawyer after lodging your own application, getting a second opinion, when you need a visa appeal lawyer and when you need an immigration lawyer for a partner visa. The full partner visa guide explains every subclass.
My Migration Lawyers acts for clients across Australia by video consultation, including through our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. If you are comparing firms, our guides to choosing the best partner visa lawyer in Australia, in Sydney, Melbourne, Brisbane and Perth explain what to look for. Our immigration lawyers in Sydney and Melbourne also act on related visa matters.
If you have received a partner visa refusal letter and the review period is still open, do not wait. Book a consultation with My Migration Lawyers today and send the partner visa refusal letter and decision record with your request.
You can also call My Migration Lawyers on 1300 040 300.
Frequently Asked Questions
What does a partner visa refusal letter mean?
A partner visa refusal letter means the Department of Home Affairs has decided not to grant your partner visa. The letter is the formal notice of that decision under section 66 of the Migration Act 1958. It must state the criterion you were found not to meet, give written reasons, and explain whether the decision can be reviewed by the Administrative Review Tribunal, who can apply and the time limit. The refusal is a final decision at the Department level, but in many cases it can be reviewed.
Is a partner visa refusal letter the same as the decision record?
No. Most partner visa refusal letters include two documents. The notification letter states the outcome, the criteria not met and the review rights. The decision record, sometimes called the statement of reasons, sets out the evidence the delegate considered, the findings and the reasoning. The decision record is usually longer and contains the substance of the decision. Both documents must be read in full before any decision is made about review or a further application.
How do I find out why my partner visa was refused?
The reasons are in the decision record attached to the partner visa refusal letter. Look for the clause numbers the delegate relied on, such as 820.211, 820.221, 309.211 or 300.216, and for references to regulations 1.15A or 1.09A, Schedule 3 or a public interest criterion. Under each heading, the delegate explains which evidence was accepted, which was rejected and why. Those reasons define what needs to be answered on review.
How long do I have to appeal after a partner visa refusal letter?
The time limit is short and strictly applied, and the Administrative Review Tribunal generally cannot extend it. The exact period is stated in the review rights paragraph of your partner visa refusal letter. It runs from the date you are taken to have received the decision, which depends on how the letter was sent. Work out the date immediately and arrange for a valid review application to be lodged well before it.
When does the review period start if my partner visa refusal letter was emailed?
If the partner visa refusal letter was sent by email or other electronic means, you are generally taken to have received it at the end of the day it was transmitted. Section 494C of the Migration Act sets this rule. It does not matter when you opened the email. If the letter was sent to your authorised recipient, receipt by that person counts as receipt by you. Check the date and time of the email straight away.
Who can apply for review of a partner visa refusal?
It depends on the visa. For a Subclass 820 and Subclass 801 refusal, only the applicant can apply, and the applicant must be in Australia when the review application is made. For a Subclass 309 refusal where the applicant was outside Australia at the time of decision, and for a Subclass 300 refusal, the Australian sponsor must apply. The review rights paragraph in the partner visa refusal letter should identify the correct person.
Can I leave Australia after receiving a partner visa refusal letter?
You should not leave Australia without legal advice. A Bridging Visa A ceases when the holder leaves Australia. An onshore applicant must also be physically present in Australia to make a valid review application for a Subclass 820 and Subclass 801 refusal. Leaving can therefore end your lawful status and remove your right to seek review. If travel is genuinely necessary, advice is needed before any booking is made.
What happens to my bridging visa after a partner visa refusal letter?
Your bridging visa usually continues for a limited period after the refusal. If you lodge a valid review application within the time limit, the bridging visa generally continues while the review is pending and for a period after the Tribunal decides. If no review is lodged, the bridging visa ceases a set time after the refusal, and a person with no other visa then becomes unlawful. Your partner visa refusal letter should describe this.
Can I just apply for a new partner visa after a refusal?
Not always, and it is rarely the first step. If you are in Australia without a substantive visa and have been refused a visa since your last entry, section 48 of the Migration Act limits the visas you can apply for. Partner visas are permitted, but extra validity requirements apply, and Schedule 3 criteria may also apply. A new application also faces the same criteria that led to the partner visa refusal letter. Protect your review rights first.
Should I reply to the case officer after a partner visa refusal letter?
No. Once the partner visa refusal letter is issued, the delegate's decision is final at the Department level. Sending new documents or arguments to the case officer does not reopen the application or extend any deadline. The route to a new decision on the same application is a valid review application to the Administrative Review Tribunal, lodged by the correct person within the time limit.
What if my partner visa refusal letter mentions PIC 4020?
A reference to PIC 4020 means the delegate found that false or misleading information, or a bogus document, was given in relation to the application. This is a serious finding. It can affect not only the current application but also later visa applications for a period of time. A partner visa refusal letter that cites PIC 4020 needs urgent legal review, because the response is different from a relationship refusal and the consequences extend beyond the current visa.
Does a partner visa refusal letter mean the Department thinks my relationship is fake?
Not necessarily. Many partner visa refusal letters are based on criteria unrelated to genuineness, such as Schedule 3, sponsorship limitations, character, health or identity. Even where the relationship is in issue, the delegate may have found the evidence insufficient rather than finding deception. The decision record shows exactly which criterion failed and why. Read it carefully before drawing any conclusion about what the Department thinks.
What is the sponsor's role after a partner visa refusal letter?
The sponsor's role is significant. For Subclass 309 and Subclass 300 refusals, the sponsor is the person who must apply for review. For Subclass 820 and Subclass 801 refusals, the applicant applies, but the sponsor's evidence and statements are usually central to the Tribunal's assessment of the relationship. The sponsor should be told about the partner visa refusal letter immediately and should be involved in preparing the review.
Can I get a copy of my Department file after a partner visa refusal?
Yes. You can request your Department file under the Freedom of Information Act 1982 or the Privacy Act 1988. Once a review application has been lodged, section 362A of the Migration Act also allows the review applicant to request documents given to the Tribunal. A file request does not stop or extend the review deadline in your partner visa refusal letter, so the review application must be lodged first.
My partner visa refusal letter says there are no review rights. Is that the end?
Not always. Some partner visa decisions are not reviewable by the Tribunal, for example a Subclass 100 refusal made while the applicant is outside Australia. Other options may still exist, such as a new application or, in limited cases, judicial review for legal error. The statement in the letter should still be checked, because review rights depend on the subsection that applies and the applicant's location when the decision was made.
What should I send a lawyer after receiving a partner visa refusal letter?
Send the complete partner visa refusal letter, including the decision record and every attachment, and the original email or envelope showing how and when it arrived. Include any earlier section 56 or section 57 letters, your ImmiAccount application summary, and details of your current visa. If a deadline is close, send what you have immediately rather than waiting to collect everything, because time continues to run.

























