Partner Visa Refused Because of an Agent's Mistake

A partner visa refused agent mistake situation is one of the most distressing outcomes in Australian migration law. A couple paid for professional help, trusted the process, and then received a refusal that seems to turn on something that should have been done differently. If you are dealing with a partner visa refused agent mistake problem, the first thing to know is that the refusal is usually not the end of the matter. In most onshore and many offshore cases, the decision can be reviewed by the Administrative Review Tribunal, which looks at the application again and can consider evidence that was never put before the Department.

This guide explains what usually goes wrong, which errors by a previous representative can be cured at review, which cannot, and exactly how a new representative takes over the file. It is written for couples who still have time to act. The review deadline is short and strict, so the practical steps come first.

A note on language. This article uses the phrase "previous representative" throughout. A representative may be a registered migration agent or an Australian lawyer. Errors happen in both professions, and many refusals have more than one cause. The Tribunal is not interested in who was at fault. It is interested in whether the visa criteria are met on the evidence before it. That is also the focus of this guide. For a broader overview of your options, see our guide to partner visa refusal appeal options and the firm's partner visa refusals service.

Can a partner visa refused agent mistake case be fixed?

Yes, in many cases a partner visa refused agent mistake case can be fixed, because the ART reviews the decision on the merits and decides it on the evidence available at the time of the review. The Tribunal "stands in the shoes" of the Department's decision maker (ART Act s 54). It is not limited to the documents the previous representative lodged.

This matters because most refusals that follow a representative error are refusals for lack of evidence. The Department could not be satisfied of a criterion, so it refused. The Tribunal can be satisfied of the same criterion if the evidence is now provided. Thin relationship evidence, a missing police certificate or a missing sponsorship form can often be supplied at review.

The ART has several powers on a reviewable migration decision. It can affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the matter to the Department with a direction that a specified criterion is taken to be satisfied (Migration Act s 349(2); Migration Regulations reg 4.15(1)). In partner visa cases, remittal is common. On remittal, the Department must reassess the remaining criteria and is bound by the Tribunal's finding.

A partner visa refused agent mistake case cannot be fixed in every situation. Some errors happen at a stage the Tribunal cannot reach. Those situations are explained below. But the starting point for most couples is that the refusal is reviewable, and that the review is a genuine second chance to present the relationship properly.

Before anything else, check the date on which the decision was notified. Every option depends on it. Our explainer on visa refusals and appeals covers refusal review in general, and the partner visa lawyers page describes the partner visa work the firm does at every stage.

What counts as a partner visa refused agent mistake?

A partner visa refused agent mistake is any refusal where the decisive problem was in how the application was prepared, lodged or managed, rather than in the relationship itself. The relationship may be genuine. The application simply did not prove it, or did not meet a technical criterion.

The most common patterns are set out below. None of them is unusual. Each is explained in neutral terms, because the same gap can arise from a representative's error, from a document the couple could not obtain in time, or from a misunderstanding on both sides. Our article on why partner visas get refused and our list of the most common Subclass 820 refusal reasons explain the wider causes of refusal.

Missing or thin relationship evidence

The most frequent cause of a partner visa refused agent mistake complaint is an application that went in with too little evidence. The Department assesses a married or de facto relationship under the Migration Act (s 5F for spouses, s 5CB for de facto partners) and considers the circumstances of the relationship under reg 1.15A(3). Those circumstances are grouped into four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment to each other.

If the application contained only a few photographs and a marriage certificate, the decision maker may not have been satisfied that the couple have a mutual commitment to a shared life as spouses or de facto partners to the exclusion of all others, or that the relationship is genuine and continuing. Our guide to partner visa relationship evidence and the Subclass 820 evidence checklist show what a complete evidence base looks like.

An incomplete relationship statement

A partner visa has one relationship statement. It is the couple's own account of how they met, how the relationship developed, and how they live now. In some refused applications the statement was very short, generic, or did not address the four aspects of the relationship at all. In others, the dates in the statement did not match the dates in the forms.

The statement is the couple's evidence, in their own words. A new representative cannot write a different story. What a representative can do is review the couple's account against the documents, point out what is missing or inconsistent, and ask the couple to correct and complete their own statement. Our article on how to write a partner visa relationship statement explains what a complete statement covers.

Unanswered or late section 56 and section 57 letters

Before refusing, the Department will often write to the applicant. A request under section 56 of the Migration Act invites the applicant to give further information. A letter under section 57 gives the applicant particulars of adverse information that would be the reason, or part of the reason, for refusing the visa, and invites comment. The second kind is commonly called a natural justice letter.

The Department cannot refuse the visa before the response period ends unless the applicant responds or says they do not wish to comment (s 63). Once that period has ended, the decision maker can decide on the information already held. Where a request was not passed on, not answered, or answered late or only in part, the refusal often follows quickly. A partner visa refused agent mistake of this kind is very common, and it is usually curable at review, because the Tribunal can receive the response that was never given. See our guides to responding to a section 56 request and to the section 57 natural justice letter for a partner visa.

The wrong visa or the wrong stream

Partner visas come in several subclasses. The onshore Subclass 820 visa and Subclass 801 visa are lodged together in Australia. The offshore Subclass 309 visa and Subclass 100 visa are lodged together outside Australia. The Subclass 300 Prospective Marriage visa is for couples who intend to marry. Each has its own location and timing rules.

Sometimes the wrong subclass was chosen, or the application relied on a de facto relationship when the couple had not lived together for the required period and had not registered the relationship. Our guide to the de facto partner visa 12-month rule and our article on whether you really need 12 months of de facto relationship explain the rule and its exceptions. Whether a wrong-stream problem can be cured depends on the facts. The Tribunal reviews the visa that was applied for. It cannot convert one subclass into another, with one limited exception for Subclass 300 couples who marry after the refusal (discussed below).

Missing police certificates, health examinations and sponsorship forms

Partner visas require character and health criteria to be met. Police certificates must be supplied for the relevant countries, and health examinations must be completed. The sponsor must also lodge a sponsorship (Form 40SP, which is usually lodged online). If any of these was never supplied, the Department may refuse on that ground alone, even where it had no concern about the relationship.

This is the clearest category of curable error. The Tribunal decisions discussed later in this guide show many remittals where a police certificate, a health clearance or a completed sponsorship form was supplied for the first time at review. Our partner visa document checklist lists the documents most applications need.

Inconsistent dates and details across forms

Dates of first meeting, the start of cohabitation, previous addresses, travel history and previous relationships all appear in more than one place. They may appear in the application, the sponsorship, the Form 80 personal particulars, the relationship statement and the Form 888 supporting statements. Where they do not match, the decision maker may doubt the relationship or, in more serious cases, consider public interest criterion 4020 (false or misleading information, or bogus documents).

A partner visa refused agent mistake built on inconsistent forms needs careful handling. Honest correction, with an explanation of how the error arose, is the right course. Our guide to completing Form 80 without errors explains why consistency across forms matters so much.

Changes the Department was never told about

An applicant must tell the Department about changes in circumstances, such as a new address, a new passport, a birth, or a change in the relationship. This is normally done with Form 1022. Where a change was not notified, letters may have gone to an old address or email, and the applicant may be treated as having received them. Our article on Form 1022 change of circumstances explains when it must be lodged.

How to read the decision record in a partner visa refused agent mistake case

The decision record is the most reliable guide to whether a partner visa refused agent mistake caused the refusal, because it states which criteria the delegate found were not met and what information the delegate relied on. Reading it carefully is the first step in any review.

Look for the criterion, not the conclusion

Every refusal is based on one or more specific criteria. A partner visa refused agent mistake decision often reads as a refusal on the relationship, but the reasons may show that the real problem was narrower. The delegate may have found that the applicant did not provide a police certificate, did not complete a health examination, or did not respond to an invitation. Each of these is a separate criterion with a separate answer.

Look for phrases that signal missing evidence

Phrases such as "no evidence was provided", "the applicant did not respond", "insufficient documentary evidence" or "the delegate was unable to be satisfied" usually point to a gap in the material rather than a positive finding against the couple. A partner visa refused agent mistake decision with this kind of language is often well suited to review, because the Tribunal can receive the missing material.

Look for adverse findings that need a careful answer

Other phrases signal a harder case. They include findings that evidence was inconsistent, that a document was not genuine, or that information was false or misleading. These findings need a careful, honest answer supported by evidence. They are not cured simply by filing more documents. In a partner visa refused agent mistake review of this kind, the explanation of how the inconsistency arose can matter as much as the documents.

Look at the chronology

The decision record usually lists the date of each request letter and the date by which a response was due. Comparing those dates with the previous representative's file shows whether a response was sent, whether it arrived late, or whether it was never sent. That chronology is neutral information. It helps the new representative decide what the Tribunal needs to see, without any need to assign blame.

Our article on Subclass 820 processing times explains the stages an onshore application passes through. That context helps when reading the chronology in a decision record.

Why the deadline matters more than the cause

The deadline matters more than the cause because the Tribunal can only consider a partner visa refused agent mistake case if the review application is properly made in time. For a reviewable migration decision, the application must be made within 28 days after the day the applicant is notified of the decision, or within 7 days if the applicant is in immigration detention on the day of notification (Migration Act s 347(3)). The time limit cannot be extended. A late application is not properly made, and the ART has no jurisdiction to hear it.

The review application fee must also be paid within the same period, or a fee-reduction request lodged with at least 50% of the fee paid, for the application to be properly made. The fee is substantial. It should be budgeted for on the day the refusal is received.

When is the decision notified?

The 28 days run from the day after notification. Notification depends on how the decision was sent (s 494C). A decision sent by email is taken to be received at the end of the day it was transmitted. A decision sent by post is taken to be received 7 working days after the date of the letter, if it was sent within 3 working days of that date. A decision handed over in person is received immediately.

A decision sent to the previous representative still counts

Where a representative or authorised recipient was appointed, the Department sends correspondence to that person. Documents given to the appointed representative or authorised recipient are generally taken to have been given to the applicant. This is one of the most important practical points in any partner visa refused agent mistake matter. The couple may learn of the refusal days after the representative received it. The 28 days may already be running.

If you have just learned of a refusal, ask the previous representative immediately for the exact date and time the decision email arrived, and for a full copy of the decision record. Our page on urgent immigration lawyer advice explains what to gather before you speak to a lawyer, and the guide on what to expect at an ART review after a visa refusal explains the process from lodgement to decision.

Lodging review protects lawful status

For onshore applicants, lodging review in time also protects lawful status. A Bridging A visa granted with a partner visa application ceases 35 days after the refusal if no review is sought. If review is lodged in time, it continues and generally ceases 35 days after the Tribunal's decision, or remains in effect if the matter is remitted (Sch 2 cl 010.511). The same 35-day pattern applies to Bridging B and Bridging C visas. Our guides to the Bridging A visa and to bridging visas in Australia explain the conditions that attach.

How the ART reviews a partner visa refused agent mistake case

The ART reviews a partner visa refused agent mistake case by deciding the application again on all the evidence before it at the time of its decision, including new evidence that the Department never saw. The Tribunal is not reviewing the quality of the previous representative's work. It is deciding whether the visa criteria are met now.

A fresh decision, not a complaint process

The review is often misunderstood. Couples sometimes expect to argue that the previous representative was at fault. That argument does not, by itself, change the outcome. The Tribunal will ask whether the relationship is genuine and continuing, whether the sponsor is approved, whether the character and health criteria are met, and so on. Where the answer is yes on the evidence now available, the refusal can be set aside, whatever caused the original gap.

This is also why a partner visa refused agent mistake review should not be framed as a complaint. A submission that focuses on the former representative tells the Tribunal little about the relationship. A submission that focuses on the criteria tells the Tribunal what it needs to know. The work in a partner visa refused agent mistake review is evidence work. It means identifying every criterion the delegate found was not met, and then assembling the evidence that addresses each one.

The Department's documents and the decision record

When a review application is made, the Department gives the Tribunal the documents it considers relevant to the review. The applicant may ask for access to the documents the Department gave the Tribunal (s 362A). That request should be made early. In a partner visa refused agent mistake matter, those documents often reveal exactly what the Department received and when. They may show which request letters were sent, whether a response arrived, and which attachments were missing.

The decision record itself is the most important document. It lists the criteria the delegate found were not met and the reasons. A good review strategy answers every one of those reasons, and checks whether any further criterion may become an issue later.

The Department does not usually appear

The Minister is a non-participating party to a migration review (s 348A). In practice, the Department generally does not appear at the hearing or make submissions. The Tribunal member forms a view on the written evidence, the submissions and the oral evidence of the applicant, the sponsor and any witnesses.

The hearing

Most partner visa reviews involve a hearing. The applicant and the sponsor usually give evidence, and other witnesses may be called. The member may ask detailed questions about how the couple met, their living arrangements, their finances, their social life and their plans. Inconsistent answers can damage a strong case, so preparation matters. In a partner visa refused agent mistake hearing, the member may also ask why particular documents were not given to the Department. A short, honest and consistent answer from both partners is usually all that is needed.

Non-attendance at a hearing can lead to the application being dismissed (ART Act s 99). If that happens, reinstatement must be sought within 28 days after notice of the dismissal (Migration Act s 368C). After the hearing, the Tribunal must give its decision with written reasons, and must notify the parties within 14 days of the decision (s 368A). Our general guide to what happens at an ART review covers the stages in more detail, and our visa appeal lawyer article explains when legal help changes the preparation.

Remittal

If the Tribunal is satisfied of the criterion the delegate found was not met, it will usually set the decision aside and remit the matter to the Department. The direction will say that a specified criterion is taken to be satisfied. The Department must then reassess the other criteria. In a partner visa refused agent mistake matter, those other criteria often include the same police certificates and health checks that were missing the first time. They should be current when the file returns to the Department.

Which partner visa refused agent mistake errors can the ART cure?

In a partner visa refused agent mistake case, the ART can cure most errors that left the Department without enough evidence, because it decides on the evidence available at the time of the review. It cannot cure errors that prevent it from having jurisdiction at all. The distinction is set out below.

Errors that can usually be cured at review

• Thin relationship evidence. Financial records, lease documents, joint accounts, travel records, messages and photographs can be filed with the Tribunal. The four aspects of the relationship can be addressed properly for the first time.
• An incomplete relationship statement. The couple can give a full, accurate account of their relationship, in their own words, together with oral evidence at the hearing.
• Missing Form 888 supporting statements. Friends and family who know the couple can make statements. Our guides on who can make a Form 888 and Form 888 example answers and common mistakes explain what a useful statement contains.
• Unanswered section 56 or section 57 letters. The information requested, or the comment invited, can be given to the Tribunal with an explanation.
• Missing police certificates and health examinations. These can be obtained and supplied during the review.
• A missing sponsorship. The sponsor can complete the sponsorship, which the Tribunal can take into account.
• Inconsistencies in the forms. The couple can explain honestly how an inconsistency arose and give the correct information.

Errors that may be difficult or impossible to cure

• An invalid application. If the application was never valid, the Department makes no decision to refuse it, and there is nothing for the Tribunal to review. A common example is an application lodged by a person whose visa is subject to a "no further stay" condition. Our article on applying for a Subclass 820 visa with condition 8503 explains this barrier.
• A review application that was not properly made. If the review application was lodged late, by the wrong person, or without the fee being paid in time, the Tribunal has no jurisdiction. The time limit cannot be extended.
• A Subclass 100 refusal while the applicant is outside Australia. There is no ART review of that decision (s 338(7A), s 347A(3)).
• The wrong subclass. The Tribunal reviews the visa applied for. It cannot treat an application for one subclass as an application for another, except in the Subclass 300 situation discussed below.
• A serious integrity finding. Where public interest criterion 4020 is engaged because information was false or misleading, the consequences can be serious. They can extend beyond the current application. Careful legal analysis is required, and the couple must be fully honest about what happened.

Schedule 3 and sponsorship limitations

Some refusals involve criteria that a previous representative may not have addressed at all. Onshore applicants who did not hold a substantive visa when they applied may need to satisfy Schedule 3 criteria (3001, 3003 and 3004), which can be waived only where compelling reasons exist. See the firm's Schedule 3 waiver page and our guides to Schedule 3 criteria when you are unlawful and the Schedule 3 partner visa waiver.

Sponsors may also be subject to limitations on sponsoring a partner. Where a refusal turned on a sponsorship limitation that was never addressed, compelling circumstances may need to be argued at review. The firm's sponsorship limitations page and our article on when a sponsor cannot sponsor a partner visa explain the rules.

Partner visa refused agent mistake: the first seven days

The first seven days after a partner visa refused agent mistake decision should be used to secure the deadline, the documents and the new representation. The steps below are practical and can be done in parallel.

• Confirm the notification date. Obtain the decision email or letter, as received by the previous representative, with the date and time it arrived. Calculate the 28 days from the day after notification. If there is any doubt, assume the earliest possible date.
• Obtain the decision record. Read every reason for refusal. Each reason is a criterion that must be addressed at review.
• Request the file from the previous representative. Ask in writing for a complete copy of the file. This should include every document lodged, every letter received from the Department, every response sent, and the transaction reference number (TRN) of the application. Ask for the sponsorship details as well. A courteous written request is usually enough.
• Secure access to ImmiAccount. Where the previous representative lodged through their own ImmiAccount, the applicant may not be able to see the application. An applicant can usually import an application into their own ImmiAccount using the TRN and personal details. Our guide on how to create an ImmiAccount explains the steps.
• Appoint the new representative. A new migration representative is appointed for Department matters by lodging Form 956. The Tribunal is told separately of the new representative for the review. Our explainer on Form 956 and Form 956A sets out how appointment and withdrawal work, and our guide on how to change your immigration lawyer in Australia explains the handover in practice.
• Lodge the review application and pay the fee. Do not wait for the file to arrive before lodging. The application can be made with the decision notice, and evidence can follow.
• Ask for the Department's documents. Once the review is lodged, request access to the documents the Department gave the Tribunal under s 362A.

None of these steps requires the couple to make a complaint or to decide who was responsible for the refusal. A partner visa refused agent mistake matter is handed over in the same way as any other change of representative. The aim is continuity: the new representative needs the full history so that nothing else is missed.

Couples who are not sure whether a change of representative is the right step can start with our guide to getting a second opinion from an immigration lawyer. Those who lodged without help and want to bring in a lawyer for the review stage can read our article on hiring an immigration lawyer after lodging your own application.

If the file does not arrive quickly

The review does not depend on receiving the previous representative's file. The decision record, the documents the couple holds, and the documents the Department gives the Tribunal are usually enough to start. The applicant can also seek access to the Department's own records about the application under the Freedom of Information Act 1982. That process takes time, so it should not delay lodgement. In a partner visa refused agent mistake matter, the review application comes first and the paperwork follows.

Staying lawful while the review runs

Onshore applicants should check the conditions of their bridging visa once the review is lodged. The bridging visa conditions, including any work rights, continue on the same terms as before. Travel outside Australia needs particular care, because a Bridging A visa does not allow re-entry, and an onshore review applicant must be in Australia when the review application is made. Our article on working while waiting for a Subclass 820 visa and our guide to the Bridging B visa explain the rules.

What people get wrong about a partner visa refused agent mistake

Several common beliefs about a partner visa refused agent mistake lead couples to lose time or to choose the wrong course. Each is addressed below.

"The refusal is final because the agent made the mistake."

This is wrong. A refusal caused by a gap in the evidence is usually reviewable. The Tribunal decides the application afresh and can consider evidence that the Department never received.

"We have to prove that the previous representative was at fault."

This is wrong. The Tribunal is not deciding a dispute between the couple and their former representative. It is deciding whether the visa criteria are met. Time spent proving fault is usually better spent building evidence of the relationship and the other criteria.

"We can just lodge a new partner visa instead."

This is not always right. An onshore applicant whose visa was refused may face the section 48 bar, which limits the visas that can be applied for in Australia after a refusal. A partner visa is generally one of the visas that remains available, but Schedule 3 criteria may then apply. A new application also means a new visa application charge and a new processing period. Review is often the stronger option. Our article on applying for a partner visa after a visa refusal explains the issues.

"New evidence cannot be given at the Tribunal."

This is wrong. New evidence is the core of most partner visa reviews. The Tribunal considers the evidence available at the time of its decision, not only what was before the delegate.

"The Department will send us the decision directly."

This is not always right. Where a representative was appointed, the decision is usually sent to that representative. It is generally treated as received by the applicant even if the couple has not yet seen it.

"A partner visa refused agent mistake case means the relationship was not believed."

This is often wrong. Many refusals turn on a missing document, an unanswered letter or a technical criterion, not on doubts about the relationship. The decision record will say which criterion was not met.

Rebuilding the evidence for a partner visa refused agent mistake review

Rebuilding the evidence for a partner visa refused agent mistake review means starting from the reasons for refusal and assembling, for each one, the documents and statements that prove the criterion is met. It is structured work, not a matter of filing everything the couple owns.

A common reaction after a partner visa refused agent mistake decision is to send the Tribunal every document the couple can find. That rarely helps. Large volumes of unorganised material make it harder for the member to see the evidence that matters. A short index, organised by criterion and by aspect of the relationship, is far more effective.

The four aspects of the relationship

For a relationship refusal, the Tribunal will consider all the circumstances of the relationship under reg 1.15A(3). The evidence should be organised so that each aspect is clearly addressed:

• Financial aspects. Joint accounts, shared bills, a lease or mortgage in both names, money transfers, shared liabilities and how the couple divide household costs.
• Nature of the household. Where the couple live, how long they have lived together, how they share household tasks, and any children.
• Social aspects. Whether friends and family know the couple as a couple, joint invitations, travel together, joint membership of clubs or communities, and Form 888 supporting statements.
• Nature of the commitment. The length of the relationship, the couple's plans, how they supported each other through difficulty, and how they stayed in contact during any period apart.

Our article on preparing evidence of a genuine relationship explains how documents map to each aspect. For onshore couples, the Subclass 820 visa guide and our comparison of Subclass 820 and Subclass 801 show how the two stages fit together.

The relationship statement

The couple's relationship statement should be reviewed against the documents and the forms. Where the original statement was brief or contained errors, the couple prepares a further statement. It should give a complete and accurate account and explain any earlier inconsistency. The statement remains the couple's own evidence. The representative's role is to identify gaps and inconsistencies and to ask the couple to correct and confirm their account. The representative does not supply facts.

Supporting statements from others

Form 888 supporting statements from Australian citizens or permanent residents who know the couple can carry real weight. Each should describe what the witness has personally seen of the relationship, over what period, and in what settings. Generic statements add little.

Character, health and sponsorship documents

Police certificates should be current and cover each country required. Health examinations should be arranged early, because results can take time. Where the sponsorship was not completed, the sponsor should complete it promptly. These documents are often the difference between a remittal and a further delay. In a partner visa refused agent mistake case where the refusal turned only on one of these documents, obtaining it quickly may be the single most important step in the review.

Explaining what went wrong, without blame

Where the Tribunal needs to understand why a document was missing or a letter was unanswered, a short factual explanation is usually enough. It might say, for example, that a request was not received by the applicant, or that a police certificate was not obtained before the decision. The explanation should be neutral and accurate. Criticism of a former representative rarely helps the review and can distract from the evidence. The strongest partner visa refused agent mistake submissions say what happened in one or two sentences and then move straight to the evidence.

What Tribunal decisions show about documents missing at the primary stage

Tribunal decisions show that partner visa refusals based on documents missing at the primary stage are often remitted once the documents are supplied at review. In each decision below, the Tribunal (then the Administrative Appeals Tribunal) set aside the refusal and sent the matter back to the Department. The summaries describe only what the published headnote records. They are not cases of My Migration Lawyers.

Relationship evidence supplied at review

• Vu (Migration) [2023] AATA 2881. A Subclass 820 matter. The headnote records that limited documentary evidence was provided to the Department, and extensive documentary evidence and submissions were provided to the Tribunal.
• AYIRCUM (Migration) [2024] AATA 2076. A Subclass 309 matter. The headnote records limited documentary evidence provided with the visa application and concerns about the purpose of the relationship; the parties were validly married.
• 1917422 (Migration) [2022] AATA 3896. A Subclass 820 matter. The headnote records the financial, household and social aspects of the relationship and the nature of the commitment, with further evidence and supporting statements provided.

Police certificates supplied at review

• Cooperstein (Migration) [2018] AATA 2436. A Subclass 820 matter. The headnote records that a police clearance certificate was not provided to the Department and was subsequently provided to the Tribunal.
• Lou (Migration) [2019] AATA 4665. A Subclass 820 matter. The headnote records that an authorised criminal clearance certificate was not provided to the delegate, and a Canadian police certificate was provided to the Tribunal.

Health examinations completed at review

• Chase (Migration) [2023] AATA 410. A Subclass 820 matter. The headnote records the health criteria, with a cleared health examination provided upon review.
• Rous (Migration) [2020] AATA 1877. A Subclass 820 matter. The headnote records the health criterion, with documentation of the specified medical examination provided to the Tribunal.

Sponsorship forms and other requested material supplied at review

• Martine (Migration) [2023] AATA 690. A Subclass 309 matter. The headnote records that the applicant failed to provide the sponsorship Form 40SP, then provided the completed Form 40SP, and the Tribunal found that the applicant is now sponsored.
• Manalo (Migration) [2024] AATA 1927. A Subclass 820 matter. The headnote records that the sponsorship form and other requested material were not provided to the Department, and also refers to COVID restrictions and access issues and to prehearing, oral and witness evidence.

Wrong subclass and marriage after refusal

• Nguyen (Migration) [2024] AATA 559. A Subclass 820 matter. The headnote records a genuine and continuing relationship and that the review application noted an incorrect visa subclass.
• Khawari (Migration) [2023] AATA 933. A Subclass 300 matter. The headnote records that the applicant and sponsor are validly married, a marriage certificate was provided, and the matter was to be assessed for a spouse visa rather than a prospective marriage visa.

The common thread is that the missing material was supplied at review and the Tribunal decided on the evidence then before it. That is the pattern a partner visa refused agent mistake review aims to follow. These decisions are useful precedent. Decisions of the former Administrative Appeals Tribunal remain relevant after the ART replaced it on 14 October 2024. Every partner visa refused agent mistake case still turns on its own evidence, and none of these decisions predicts the result of another matter.

Who applies for review after a partner visa refused agent mistake?

The person who applies for review after a partner visa refused agent mistake depends on the subclass refused, and getting it wrong can make the review application invalid. The rules are in s 338 and s 347A of the Migration Act and in reg 4.02 of the Migration Regulations.

• Onshore refusal (Subclass 820 and Subclass 801). The visa applicant applies for review, and must be physically present in Australia when the review application is made.
• Subclass 309 refusal. The visa applicant applies for review. The Australian partner usually instructs the representative, supports the review and gives evidence. See the firm's Subclass 309 visa page.
• Subclass 300 refusal. The sponsor applies for review. If the couple marry after the refusal, and before the review is finally determined, and notify the Tribunal, the application is also taken to be a partner visa application on remittal (reg 4.15(4)).
• Subclass 100 refusal while the applicant is outside Australia. No ART review is available.
• Family members refused together. A combined review application requires only one fee (regs 4.12 and 4.13(3)).

The application must include a copy of the decision notice if the applicant has it (s 347(2), reg 4.12A). It can be made by the ART's online form, by paper form, or by letter. In a partner visa refused agent mistake matter, this is the step at which the new representative's first check is most valuable. The right person must apply, in the right place, with the fee paid, before the deadline.

Special situations

Some refused couples face other issues at the same time. Where the relationship has broken down because of family violence, the special provisions in Division 1.5 of the Migration Regulations may allow the applicant to continue. See the firm's family violence partner visa page and our article on what happens if the relationship breaks down. Same-sex couples have exactly the same partner visa rights, and the firm's LGBTI partner visa page explains how the firm assists. Couples who arrived on a visitor visa may find our guide on moving from a tourist visa to a partner visa useful.

After the Tribunal

If the Tribunal affirms the refusal, the Minister has a personal, non-compellable power to substitute a more favourable decision in the public interest (s 351). A review by a court on a question of legal error also exists. Neither is a rehearing of the evidence, and neither is a substitute for preparing the Tribunal review properly. For this reason, the strongest point to fix a partner visa refused agent mistake is at the Tribunal.

How My Migration Lawyers takes over a partner visa refused agent mistake matter

My Migration Lawyers takes over refused partner visa matters from previous representatives, often within days of the refusal. It handles them from the review application through the hearing to remittal. The firm deals with complex partner visa refusals, acts in many matters of exactly this type, and is capable of handling a partner visa refused agent mistake case whether the gap was missing evidence, an unanswered letter, a missing document or a technical criterion. The firm works with the evidence, not with blame. Its focus is on what the Tribunal needs to see.

When the firm takes over a partner visa refused agent mistake matter, the work follows clear steps:

• Deadline first. We confirm when the decision was notified, including where it was sent to the previous representative, and calculate the review deadline. We check who must apply and whether the applicant must be in Australia.
• Review lodged and fee paid. We prepare and lodge the review application with the decision notice, and make sure the fee is paid within the 28 days, so the application is properly made.
• New representation in place. We lodge Form 956 with the Department, notify the Tribunal that the firm acts, and write courteously to the previous representative for the file and the TRN.
• Documents obtained. We request the documents the Department gave the Tribunal under s 362A. We compare them with the previous representative's file to establish exactly what the Department received and when.
• Reasons analysed. We break the decision record into each criterion found not met. We also identify any criterion likely to arise on remittal, such as police certificates and health.
• Evidence rebuilt. We review the couple's relationship statement against the forms and the documents and identify gaps and inconsistencies. We ask the couple to correct and complete their own account, organise Form 888 supporting statements, and arrange current police certificates and health examinations.
• Submissions and hearing. We prepare written submissions on each criterion, prepare the applicant, the sponsor and any witnesses for the hearing, and appear with them at the Tribunal.
• After the decision. If the matter is remitted, we manage the file back at the Department until the remaining criteria are assessed.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and about the firm's partner visa lawyer work in Australia. Our guide on when you need an immigration lawyer for a partner visa explains where professional help adds most. Our factual comparison of migration agents and immigration lawyers for a partner visa, and the general guide on migration agents and immigration lawyers, explain how the two professions are regulated. Our complete guide to partner visas in Australia covers every subclass, and the article on booking an immigration lawyer consultation explains what happens in a first meeting.

My Migration Lawyers acts for refused partner visa clients across Australia by video consultation. This includes clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. You can also contact My Migration Lawyers in writing.

Every partner visa refused agent mistake matter is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure the review is lodged properly and on time. It can also make sure the Tribunal sees the complete and consistent evidence that was missing the first time, and that you understand each step from the review application to the decision.

Book a consultation with My Migration Lawyers to have your partner visa refusal and your review deadline checked. You can also call us on 1300 040 300.