Partner Visa Refused in an Arranged Marriage

A partner visa refused arranged marriage decision is one of the most painful letters a couple can receive. The marriage is real. The families know it is real. The couple have made promises to each other in front of their community. Yet a Department of Home Affairs delegate has written that the relationship is not genuine. If you are dealing with a partner visa refused arranged marriage outcome, the first thing to understand is that the refusal is not the end of the matter. In most cases the decision can be reviewed by the Administrative Review Tribunal, and the Tribunal looks at the relationship afresh.

This article explains why genuine arranged marriages are refused, what the law actually requires, the reasons delegates commonly give, and how each of those reasons can be answered at the ART with evidence that reflects how an arranged marriage works. It also explains the strict review deadline, who must lodge the application, and how partner visa refusal lawyers prepare this kind of review. If you need to understand the wider refusal process first, read our guide to partner visa refusal appeal options and what to do next.

Why was my partner visa refused in an arranged marriage?

A partner visa refused arranged marriage decision is usually based on the delegate not being satisfied that the relationship is genuine and continuing, or that the couple have a mutual commitment to a shared life as spouses. It is rarely based on the fact that the marriage was arranged. Australian law does not prohibit arranged marriages, and Department policy says expressly that an arrangement made by family does not, by itself, affect recognition of the marriage.

The problem is how the evidence is read. Many decision makers, consciously or not, measure a relationship against a familiar pattern. The couple meet by chance, date for months or years, move in together, and only then marry. When a relationship follows a different path, the delegate may treat the differences as warning signs. A short courtship becomes "rapid inception". A wedding organised by parents becomes "lack of personal commitment". Limited time together before the ceremony becomes "insufficient knowledge of each other".

In a partner visa refused arranged marriage case, the refusal letter often lists several of these points together. Each one may sound reasonable on its own. Read as a whole, they often reveal that the delegate assessed the relationship through a "romance" lens rather than the legal test. That is the core problem that a Tribunal review is designed to correct.

The refusal letter is the starting point

Every partner visa refused arranged marriage matter starts with a close reading of the decision record. The delegate must give reasons. Those reasons show which criteria were not met, what evidence was relied on, and what the delegate thought was missing. Our article on why partner visas get refused explains the general categories of refusal, and our guide to the most common reasons Subclass 820 partner visas are refused covers onshore refusals in more detail.

In an arranged marriage refusal, the reasons usually fall into three groups:

• Validity of the marriage. The delegate is not satisfied that the marriage is valid for migration purposes, for example because of a proxy ceremony, a religious ceremony that was not registered, or doubts about the date of the marriage.
• Genuineness of the relationship. The delegate is not satisfied that the relationship is genuine and continuing, often because of limited contact, short time together, or few joint financial arrangements.
• Credibility. The delegate found inconsistencies between the couple's accounts, between the forms and the interview, or between the relationship statement and the supporting statements.

Knowing which group applies to your partner visa refused arranged marriage decision tells you what the review must prove.

Does Australian law recognise arranged marriages for partner visas?

Yes. Australian migration law recognises arranged marriages, provided the marriage is valid and both parties gave real consent. The Department's own policy instruction on the assessment of spouse and married relationships states that the fact that a marriage may have been arranged by relatives, friends or marriage brokers does not itself affect recognition of the marriage under the Marriage Act 1961 or paragraph 5F(2)(a) of the Migration Act 1958, unless one of the parties did not give real consent.

The same policy then says that, although an arranged marriage may meet the validity requirement, delegates are expected to take particular care in assessing whether the couple have a mutual commitment to a shared life as a married couple to the exclusion of all others, and whether the relationship is genuine and continuing. In plain terms, the Department accepts arranged marriages as legal marriages but looks closely at the relationship itself. Taking particular care is not the same as starting from suspicion. A delegate who refuses because the marriage was arranged, rather than because the evidence fails the legal test, has applied the wrong approach.

Real consent and forced marriage are different things

An arranged marriage is one where families, friends or intermediaries introduce the couple or organise the marriage, and both people freely agree to it. A forced marriage is one where a person does not freely and fully consent, for example because of coercion, threats or deception. Forced marriage is a criminal offence in Australia, and Department policy directs delegates to be alert to it.

The distinction matters in a partner visa refused arranged marriage review. If a delegate has blurred the two concepts, the review must make the difference clear and show the evidence of free consent. That evidence often comes from the couple themselves, from family members who were present, and from the way the couple have conducted the marriage since the ceremony. Department policy also states that, when assessing whether an already solemnised marriage is recognised, it is not appropriate for delegates to decide that the marriage is not recognised because real consent was absent. Questions about consent are instead dealt with through the genuineness criteria and the forced marriage referral processes.

Foreign marriages must be valid where they took place

Most arranged marriages that lead to a partner visa application are solemnised overseas. A foreign marriage is generally recognised in Australia if it was valid under the law of the country where it took place, subject to exceptions in the Marriage Act. Section 12 of the Migration Act excludes section 88E of the Marriage Act, so a marriage recognised only under common law rules of private international law is not recognised for migration purposes. Marriages within a prohibited degree of relationship, certain polygamous marriages and certain underage marriages are not recognised. Our complete guide to partner visas in Australia explains how the spouse and de facto pathways fit together.

What does the law require in a partner visa refused arranged marriage review?

The law requires the Tribunal to decide whether the couple are spouses within the meaning of section 5F of the Migration Act at the time it makes its decision. In a partner visa refused arranged marriage review, the Tribunal must be satisfied of four things:

• A valid marriage. The couple are married to each other under a marriage that is valid for the purposes of the Migration Act (paragraph 5F(2)(a)).
• Mutual commitment. They have a mutual commitment to a shared life as a married couple to the exclusion of all others (paragraph 5F(2)(b)).
• Genuine and continuing relationship. The relationship between them is genuine and continuing (paragraph 5F(2)(c)).
• Living together. They live together, or do not live separately and apart on a permanent basis (paragraph 5F(2)(d)).

Nothing in section 5F asks how the couple met, who introduced them, how long they knew each other before the wedding, or whether the relationship began with romantic love. The test looks at the commitment and the relationship that exist now. That is why a partner visa refused arranged marriage case can succeed at review even where the history before the wedding is short.

The four aspects of the relationship under regulation 1.15A

When deciding whether a married couple meet section 5F, the decision maker must consider all the circumstances of the relationship, including the matters set out in regulation 1.15A(3) of the Migration Regulations 1994. These are four aspects of one relationship:

• Financial aspects. Joint ownership of property, joint liabilities, pooling of financial resources, and how day to day expenses are shared.
• Nature of the household. Living arrangements, care of children, and sharing of household responsibilities.
• Social aspects. Whether the couple present themselves as married, what family and friends think of the relationship, and joint social activities and plans.
• Nature of the commitment. The duration of the relationship, the time spent together, the companionship and emotional support the couple give each other, and whether they see the relationship continuing long term.

These aspects are not separate statements and they are not a checklist that must be ticked in full. They are matters to be weighed together. Department policy itself tells delegates, in relation to social aspects, to take into account the extent to which the laws or traditions of the applicant's home country may discourage couples from openly admitting the existence of a relationship. A fair assessment of an arranged marriage weighs each aspect in its cultural context. Our guide to how to prove your relationship is genuine explains how evidence is normally organised under each aspect.

Spouse or de facto: why the marriage matters

Most arranged marriage couples apply as spouses rather than as de facto partners. That matters, because the 12 month de facto relationship requirement does not apply to married couples. A delegate who criticises a married couple for not having lived together for 12 months before applying may be applying a de facto concept to a spousal application. That kind of error is worth identifying early in a partner visa refused arranged marriage matter.

How the "romance lens" leads to refusals of genuine arranged marriages

The "romance lens" is the habit of judging a marriage by how closely it resembles a Western dating relationship. It is not a legal test, and it does not appear in the Migration Act or the Regulations. When it shapes a decision, a genuine relationship can be refused for reasons that say more about the decision maker's expectations than about the couple.

In an arranged marriage, the order of events is often different. Families may introduce the couple. The couple may speak by phone or video, often with relatives involved, and meet in person a small number of times. The decision to marry may be made relatively quickly, with the expectation that affection, knowledge and partnership will deepen after the wedding. Commitment comes first, and the shared life is built inside the marriage.

A delegate looking through the romance lens may read this sequence as evidence that the relationship is not genuine. The correct question is different. It is whether this couple, now, have a genuine and continuing relationship and a mutual commitment to a shared life together. In a partner visa refused arranged marriage review, the evidence should show how the relationship has developed since the marriage, not only how it began.

Examples of romance-lens reasoning

Consider a couple who were introduced by their parents, met in person three times, and married within six months. After the wedding they spent five weeks together before the sponsor returned to work in Australia. Since then they have spoken almost every day, the sponsor has sent money regularly, and the couple have planned the applicant's move. A delegate may write that the couple "spent minimal time together", "lack knowledge of each other" and "the relationship was arranged for migration purposes". Each statement may be technically accurate about the time spent together. None of them answers the legal question about the present relationship.

A partner visa refused arranged marriage decision written in this way often treats cultural practice as a negative factor. A properly prepared review explains the practice, shows how the couple's conduct fits within it, and then proves the genuine commitment that exists now. This is how many partner visa lawyers approach a refused arranged marriage: they reframe the evidence around the legal test rather than around the delegate's expectations.

Respecting every tradition equally

Arranged marriages are practised in many communities, religions and countries, and they take many forms. Some involve a long engagement. Some involve introductions through community elders or matchmakers. Some couples have a strong say in the choice, and others place more trust in their families. The law does not prefer one tradition over another. In a partner visa refused arranged marriage review, the aim is not to defend a culture in general terms. The aim is to explain this couple's marriage, as they and their families actually conducted it, and to show the Tribunal that the relationship meets the legal test.

Timing matters from the first day

A partner visa refused arranged marriage outcome starts a short and fixed review period. The analysis described in this article, from reading the decision to gathering family statements, has to fit around that deadline. The first step is always to confirm when the decision was received and to lodge the review in time.

Common reasons given in a partner visa refused arranged marriage decision

The reasons given in a partner visa refused arranged marriage decision tend to repeat across many cases. Understanding each one, and why it may not answer the legal question, is the first step in preparing a strong review. The reasons below are common examples. Your own decision record may contain some, all or none of them, and the review must answer the reasons actually given.

Little contact before the marriage

Delegates often note that the couple had limited contact before the wedding, or met in person only once or twice. In an arranged marriage that is frequently expected. The relevant question under section 5F is not how much contact the couple had before marriage, but whether the relationship they have now is genuine and continuing. Evidence of how the relationship developed after the introduction, and especially after the wedding, carries significant weight.

Short time together after the wedding

Many couples in arranged marriages spend only weeks together after the ceremony before one partner returns to work or study in Australia. A delegate may treat this as a lack of commitment. The time together must be viewed alongside the reasons for the separation, the steps taken to reunite, the visits since the wedding, and the daily communication between the couple. A short honeymoon period followed by consistent effort to build a shared life is not a sign of a false relationship.

The applicant soon returned or the sponsor soon left

Where the sponsor leaves soon after the wedding, or where an onshore applicant travelled home soon after marrying, the delegate may question whether the couple intend to live together. Paragraph 5F(2)(d) requires that the couple live together or do not live separately and apart on a permanent basis. A temporary separation for work, visa or family reasons does not mean the couple live separately and apart permanently. The evidence must show why the separation happened and that it is temporary. Our article on what happens when a Subclass 820 relationship breaks down explains how genuine separation differs from temporary separation.

Limited joint finances

Delegates frequently criticise arranged marriage couples for having no joint bank account, no joint property and no shared bills. In many families, money is managed in ways that do not produce joint accounts. One spouse may send money to support the other and the household they will share. Family members may hold assets or pay expenses. A couple who live in different countries cannot easily share a lease or utility bills. Financial support, remittances, payment of wedding costs and shared planning for the future are all relevant to the financial aspects of the relationship. Department policy describes the financial aspects in terms of pooling of resources and the basis on which expenses are shared, not in terms of a joint bank account alone.

Family-driven decisions

Delegates sometimes treat the role of parents and relatives as evidence that the couple are not personally committed. In an arranged marriage, families commonly play a central role in introductions, negotiations, ceremonies and early married life. That role does not mean the couple lack their own commitment. The review should show the decisions the couple have made themselves, their individual reasons for agreeing to the marriage, and how they now plan their shared life.

Introduction by relatives or friends

A partner visa refused arranged marriage decision may describe the introduction through relatives, friends or a family contact as if it were suspicious. Department policy states that a marriage arranged by relatives, friends or marriage brokers is not, by itself, a reason for non-recognition. The question is what happened after the introduction, and whether a genuine relationship developed.

Proxy or religious-only ceremonies

Some marriages are conducted by proxy, where one or both parties give consent through a representative. Department policy says Australian law requires consent to be given in person, but a proxy marriage may be recognised for paragraph 5F(2)(a) if the law of the country where it was solemnised permits proxy consent, the marriage was solemnised in accordance with that law, and both parties gave real consent. A religious ceremony that was not registered under local law raises a different issue: whether the marriage is legally valid where it took place. In a partner visa refused arranged marriage case involving either kind of ceremony, evidence of local law and registration is often critical.

Marriage between cousins

Some delegates question marriages between cousins. Department policy states plainly that marriages between cousins, or between nephews or nieces and aunts or uncles, are not prohibited under the Marriage Act and are capable of meeting paragraph 5F(2)(a). Only marriages between ancestors and descendants, or between siblings (whole or half blood, natural or adoptive), are within the prohibited degrees. A refusal that treats a cousin marriage as invalid is wrong in law.

Inconsistent dates, details or answers

Arranged marriages often involve several events: an engagement, a religious ceremony, a civil registration and a reception, sometimes on different dates. A delegate may treat different dates in different documents as inconsistency. A language barrier at interview can produce answers that seem to conflict. The review must explain each apparent inconsistency carefully and honestly, and it must not create new inconsistencies. Our guide to completing Form 80 without errors shows how small form errors can become credibility problems.

Which partner visa refused arranged marriage reasons are legal errors?

Some reasons given in a partner visa refused arranged marriage decision are not just weak findings on the evidence. They reflect a misunderstanding of the law. Identifying these reasons early shapes the whole review, because the Tribunal can be shown precisely where the delegate went wrong.

• Treating the arrangement itself as a negative factor. Department policy says the arrangement of a marriage by relatives, friends or brokers does not, by itself, affect recognition. A partner visa refused arranged marriage decision that relies on the arrangement as a reason has misapplied that policy.
• Treating a cousin marriage as invalid. Cousin marriages are not within the prohibited degrees under the Marriage Act.
• Applying de facto requirements to a married couple. The 12 month de facto relationship requirement does not apply to spouses.
• Requiring joint accounts or a joint lease. The four aspects are weighed together. No single type of document is mandatory.
• Ignoring the reasons for a separation. Paragraph 5F(2)(d) is concerned with permanent separation, not temporary separation for work, study or visa reasons.

Other reasons in a partner visa refused arranged marriage decision are findings about the evidence, such as a finding that communication was infrequent or that answers at interview were inconsistent. Those reasons are answered with better evidence and clear explanation rather than legal argument. Most reviews involve both kinds of reason.

Can you appeal a partner visa refused arranged marriage decision?

Yes. In most cases a partner visa refused arranged marriage decision can be reviewed by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The ART is a merits review body. It does not simply check whether the delegate made a mistake. It makes a fresh decision on the evidence available at the time of the review, including new evidence that was not before the delegate. Earlier decisions of the former Tribunal remain useful as examples of how the law is applied.

Who can apply for review

Who can lodge the review depends on the visa that was refused:

• Onshore refusals (Subclass 820 and Subclass 801). The visa applicant applies for review, and must be physically present in Australia when the review application is made. See our Subclass 820 visa page and our guide to Subclass 820 compared with Subclass 801.
• Subclass 309 refusals. The visa applicant applies for review. The Australian partner usually instructs the lawyer, supports the case and gives evidence. Many arranged marriage refusals involve the offshore Subclass 309 visa.
• Subclass 300 refusals. The Australian sponsor applies for review of a Subclass 300 prospective marriage visa refusal.
• Subclass 100 refused while the person is outside Australia. There is no ART review of this decision.

Where family members were refused together, a combined application for review can be made, and only one fee is payable.

The 28 day deadline cannot be extended

The review application must be lodged within 28 days after the day you are notified of the refusal. If you are in immigration detention on the day of notification, the period is 7 days. The time limit cannot be extended. A late application is not properly made, and the Tribunal has no power to hear it.

The day of notification depends on how the decision was sent:

• By email. The decision is taken to be received at the end of the day it was transmitted.
• By post. The decision is taken to be received 7 working days after the date of the letter, if it was posted within 3 working days of that date.
• In person. The decision is received immediately.

The 28 days run from the day after notification. The review fee is substantial, and it must be paid, or a request for a fee reduction lodged with at least 50% of the fee paid, within the same 28 day period. The application should include a copy of the decision notice if you have it. If you are reading this with a partner visa refused arranged marriage letter in front of you, work out your deadline today. Our guide to urgent immigration lawyer advice explains what to gather before you speak to a lawyer.

What happens to your bridging visa

If you are in Australia and hold a Bridging A visa granted with your partner visa application, it generally ceases 35 days after the refusal decision if no review is lodged. If you lodge a valid review application in time, the bridging visa continues and ceases 35 days after the Tribunal's decision, or remains in effect if the matter is remitted. The same 35 day pattern applies to Bridging B and Bridging C visas. Lodging in time therefore protects your lawful status while the review is decided. Our guides to Bridging A visa conditions and to bridging visas A, B, C and E explain the details.

What people get wrong after a partner visa refused arranged marriage outcome

Couples facing a partner visa refused arranged marriage outcome often make decisions in panic. Several common beliefs can damage a review that would otherwise be strong.

"A partner visa refused arranged marriage decision means the Department thinks our marriage is fake."

This is not always right. A partner visa refused arranged marriage decision usually means the delegate was not satisfied on the evidence that was in front of them. That is different from a finding that the marriage is a sham. Many refusals rest on gaps in the evidence, unexplained cultural practices or misunderstood dates. Those are matters that can often be addressed at review.

"We should just lodge a new partner visa application instead."

This is often wrong. A new application may face the same concerns, the same evidence gaps and new fees, and an onshore applicant may face section 48 or Schedule 3 issues. Our article on applying for a partner visa after a visa refusal explains the restrictions. In many cases review is the stronger path because the Tribunal can consider all the evidence afresh.

"The Tribunal will just accept that the marriage is real because we have a certificate."

This is wrong. A marriage certificate proves the ceremony, and may prove validity. It does not prove that the relationship is genuine and continuing. The Tribunal will look at the whole relationship, and it will test the evidence at a hearing.

"We should add more romantic photos and messages to prove love."

This is often unhelpful. The legal test does not ask whether the couple fell in love in a particular way. Evidence that shows commitment, support, shared planning, family recognition and continued contact is usually more persuasive than evidence designed to look romantic.

"We should not mention that the marriage was arranged."

This is wrong and dangerous. Hiding or minimising the arranged nature of the marriage can create inconsistency with earlier evidence and raise questions under public interest criterion 4020, which deals with false or misleading information. The arranged marriage should be explained honestly and in context.

"The relatives' statements do not matter because they are family."

This is wrong. In an arranged marriage, relatives are often the people with the most direct knowledge of how the couple were introduced, how consent was given and how the marriage has been conducted since. Tribunal decisions have accepted relatives' evidence as credible. Our guides to what a Form 888 should actually say and to Form 888 example answers and common mistakes explain how to make supporting statements useful.

"We can lodge the review later, once the evidence is ready."

This is wrong. The 28 day limit applies to the application and the fee. Evidence can be gathered and filed after lodgement, before the hearing. Lodging in time is the priority. In a partner visa refused arranged marriage review, family statements from overseas can take weeks to arrange, which is another reason to lodge first and gather evidence afterwards. Speaking to visa refusal lawyers early helps you meet the deadline and use the time that follows well.

How to answer each refusal reason at the ART with culturally framed evidence

The way to answer a partner visa refused arranged marriage decision is to address every reason the delegate gave, explain the cultural context honestly, and prove the present relationship against section 5F and the four aspects. Culturally framed evidence does not ask the Tribunal to lower the legal standard. It helps the Tribunal understand the evidence correctly.

The relationship statement

A partner visa application has one relationship statement, usually made by the couple. In a partner visa refused arranged marriage review, an updated statement is often the most important document. It is the couple's own evidence. It should explain, in their own words, how the introduction happened, who was involved, how each of them came to agree to the marriage, what the ceremonies involved, how the relationship has developed since the wedding, and what they plan for the future. A lawyer reviews the statement against the forms, the interview record and the documents, identifies gaps and inconsistencies, and asks the couple to correct and confirm their own account. Our guide to writing a partner visa relationship statement sets out the structure.

Family and community statements

In a partner visa refused arranged marriage review, family evidence often carries more weight than it would in other partner visa cases. Form 888 supporting statements from parents, siblings, relatives, elders and community members can be powerful in an arranged marriage case. Useful statements describe what the witness personally saw: the introduction, the discussions between families, the consent of each party, the wedding, and the couple's conduct since. Statements from people on both sides of the family carry weight, because they show that the marriage is recognised by both families. Department policy recognises the opinion of family members and friends as part of the social aspects of the relationship.

Wedding and ceremony evidence

Evidence of the wedding helps prove both validity and social recognition. Useful material may include the marriage certificate, any registration documents, invitations, guest lists, photographs and video of the ceremonies, receipts for wedding costs, and records of religious or cultural rites. Where there were several ceremonies on different dates, a clear timeline that explains each event avoids the appearance of inconsistency. In a partner visa refused arranged marriage case involving a proxy or religious-only ceremony, evidence of the relevant local law and of registration may be decisive.

Communication evidence

Where couples live apart, communication records show the relationship continuing. Call logs, message histories and video call records that show regular, ongoing contact over time are useful. A representative sample across the whole period is usually better than hundreds of pages. Content matters as well as frequency. Messages that show shared decisions, family news, support during illness or difficulty, and planning for the future are more probative than greetings alone. Our partner visa evidence checklist and our article on preparing evidence of a genuine relationship give practical examples.

Financial support evidence

In many arranged marriages the financial aspect is shown through support rather than joint accounts. Records of money transfers to the spouse, payment of the spouse's living costs, payment of wedding expenses, contributions to family obligations, and joint planning for a home in Australia are all relevant. Where a joint account was not opened, the evidence should explain why, for example because of banking restrictions, distance or family custom. A partner visa refused arranged marriage decision that criticises the absence of a joint account can often be answered by showing a consistent pattern of support over time.

Plans for a shared life

The nature of the commitment includes whether the couple see the relationship continuing long term. Evidence of plans can include steps taken to reunite, accommodation arranged in Australia, discussions about children, work and study plans, and the family's plans to support the couple. Plans should be concrete and consistent across both partners' evidence. In a partner visa refused arranged marriage case where the couple have lived apart since the wedding, clear plans to live together are often the evidence that answers the delegate's concern under paragraph 5F(2)(d).

Showing how commitment develops after marriage

The most important point in many arranged marriage reviews is to explain that, within this kind of marriage, commitment is given first and the relationship is built afterwards. The evidence should show that development over time: growing knowledge of each other, emotional support during hard periods, shared decisions and deepening involvement with each other's families. When the Tribunal can see the relationship growing after the wedding, the "short courtship" concern loses much of its force. This is often the central theme of a well prepared partner visa refused arranged marriage review.

Keeping the evidence proportionate

More evidence is not always better. A partner visa refused arranged marriage review is decided by a Tribunal member who must read the whole file. Evidence that is organised by issue, explained in the submissions and tied to each refusal reason is easier to assess than a large bundle of undifferentiated documents. Translations of documents not in English should be accurate and complete.

Responding to credibility findings

If the delegate made adverse credibility findings, each finding should be addressed directly. Explanations for apparent inconsistencies should be truthful and supported. Document access helps here. The applicant may request access to the documents the Department gave the Tribunal, and that request should be made early. Our guides to responding to a section 56 request for more information and to the section 57 natural justice letter for a partner visa explain how adverse information is usually put to applicants during processing.

What happens at the ART hearing in an arranged marriage review?

At the hearing, a Tribunal member asks the applicant, the sponsor and often witnesses about the relationship, and tests the evidence against section 5F. The Department is a non-participating party and generally does not appear. The member has read the file and the submissions, and will usually focus on the reasons for refusal and any remaining concerns.

In a partner visa refused arranged marriage hearing, questions commonly cover how the couple were introduced, what each person knew about the other before agreeing to marry, how consent was given, the ceremonies, time spent together, why the couple are apart, how they communicate, how money is managed, and future plans. The couple should prepare by reviewing their own evidence, not by memorising answers. Honest, consistent and detailed answers are far more persuasive than rehearsed ones. In a partner visa refused arranged marriage hearing, it is normal for a spouse not to know every detail of the other's past. What matters is that each person can describe the relationship as they have experienced it, and that their accounts are consistent on the important points.

Witnesses can also give evidence. In a partner visa refused arranged marriage hearing, a parent, sibling or relative who was involved in the introduction or the ceremonies can often speak directly to consent and to the way the families recognise the marriage.

Attendance matters. If the applicant does not attend a scheduled hearing, the Tribunal can dismiss the application. Reinstatement must be sought within 28 days after notice of the dismissal. Our guide to what to expect from an ART review after a refusal explains the general hearing process, and our article on when you need a visa appeal lawyer explains how legal representation helps.

The Tribunal must give its decision with written reasons, and notify the parties within 14 days after the decision.

What Tribunal decisions show about arranged marriage refusals

Published Tribunal decisions show that genuine arranged marriages are regularly accepted at review even after refusal. The decisions below were all remittals: the Tribunal set aside the refusal and sent the application back to the Department. The descriptions are limited to the issues reported for each decision. Each case turned on its own evidence, and none of them predicts the outcome of another partner visa refused arranged marriage review.

• Asim (Migration) [2020] AATA 2598. A Subclass 309 matter involving a spouse application, the genuine and continuing relationship test, an arranged marriage, and a marriage validly entered into in the home country.
• 1924012 (Migration) [2024] AATA 849. A Subclass 309 matter concerning an introduction by relatives or friends and the development of the relationship, with a marriage validly entered into in the home country.
• HOWLADER (Migration) [2024] AATA 865. A Subclass 309 matter involving a genuine and continuing relationship, a valid marriage in the home country, a small wedding before the sponsor's departure, and evidence of financial support, communication and two visits.
• El-Ghourani (Migration) [2024] AATA 585. A Subclass 309 matter in which multiple dates had been given for the marriage, the parties were second cousins, and there was no prohibited marriage.
• 1929959 (Migration) [2022] AATA 3247. A Subclass 309 matter involving a marriage by proxy allowed in the home country, the nature of the couple's commitment, and voice and text communication almost daily.
• Gillard (Migration) [2019] AATA 2934. A Subclass 309 matter involving concerns about the reliability of certain evidence, a language barrier, an arranged marriage, and relatives' evidence that was found credible.
• 1803597 (Migration) [2019] AATA 508. A Subclass 309 matter involving an arranged marriage, the couple living in separate countries, and little time spent together.
• HUSSAIN (Migration) [2022] AATA 1875. A Subclass 309 matter involving a marriage arranged by parents, money transfers, and the applicant living with the sponsor's parents.
• Ahmed (Migration) [2024] AATA 2096. A Subclass 309 matter involving a traditional marriage arranged by parents and registered in the home country, together with processing delay and a long and difficult separation.
• Saadie (Migration) [2024] ARTA 862. A Subclass 309 matter in which the couple were validly married in the home country months after being introduced and days after meeting in person.

These decisions do not establish any rule that arranged marriages succeed. They show that the issues delegates raise in a partner visa refused arranged marriage decision, such as little time together, an introduction through family, a proxy ceremony, a cousin marriage or inconsistent dates, are matters the Tribunal weighs on the full evidence rather than treating as automatic grounds for refusal.

What happens if the ART sets aside the refusal?

If the Tribunal is satisfied that the relationship meets the relevant criteria, it usually sets aside the refusal and remits the application to the Department with a direction that the relevant criterion is taken to be satisfied. The Department must then reassess the remaining criteria, such as health, character and other public interest criteria, and it is bound by the Tribunal's finding on the relationship.

For a Subclass 300 refusal, there is a special rule. If the couple marry after the refusal and before the review is finally determined, and notify the Tribunal, the application is taken to also be a partner visa application on remittal. Couples in that situation should obtain advice before the hearing. This rule can matter in a partner visa refused arranged marriage case where the wedding was planned for after the visa grant.

If the Tribunal affirms the refusal, the options narrow. The Minister has a personal, non-compellable power under section 351 of the Migration Act to substitute a more favourable decision in the public interest. Court review is also available for legal error in some cases. Neither is a second merits review, which is why the Tribunal stage is so important in a partner visa refused arranged marriage case. Our article on getting a second opinion from an immigration lawyer explains how to have a decision assessed independently.

Processing after remittal

After a remittal, the Department continues to process the application. A remittal in a partner visa refused arranged marriage case is not a visa grant, but the relationship finding binds the Department. Couples should keep their contact details up to date, notify any change in circumstances using Form 1022, and respond promptly to any further requests. Our guides to Subclass 820 processing times and to how long an onshore partner visa takes explain what usually follows.

How My Migration Lawyers handles partner visa refusals in arranged marriages

My Migration Lawyers acts for couples whose partner visa was refused in an arranged marriage, including Subclass 820, Subclass 801, Subclass 309 and Subclass 300 refusals. The firm deals with complex cases, including proxy and religious ceremonies, cousin marriages, long separations, language barriers at interview and adverse credibility findings. The firm acts in many partner visa refused arranged marriage matters of exactly this type and is capable of handling them.

Our work on a partner visa refused arranged marriage review follows clear steps:

• Deadline and standing first. We confirm the date of notification, calculate the 28 day deadline, confirm who must lodge the review for your visa subclass, and lodge the ART application with the fee in time. For onshore applicants, we confirm that the applicant is in Australia when the application is made.
• Reading the refusal properly. We analyse the decision record to identify each reason given, which part of section 5F or regulation 1.15A each reason relates to, and where the delegate applied a romance lens rather than the legal test.
• Validity of the marriage. Where a proxy, religious or traditional ceremony is involved, or where the parties are related, we check validity under the law of the country of marriage and under Australian law, and we identify the evidence required.
• Document access. We request the documents the Department gave the Tribunal, so that every adverse statement, interview note and inconsistency can be addressed.
• The couple's own evidence. We review the couple's updated relationship statement against every earlier document, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account. We then review the Form 888 supporting statements from family and community members for relevance and consistency.
• Culturally framed submissions. We prepare written submissions that explain the arranged marriage in its cultural and family context, answer each refusal reason, and apply the law to the evidence. Our lawyer decides which legal arguments are put to the Tribunal.
• Hearing preparation and representation. We prepare the applicant, the sponsor and witnesses for the kinds of questions the Tribunal asks in arranged marriage cases, and we appear with them at the hearing.
• After the decision. If the matter is remitted, we advise on the next steps with the Department. If it is not, we advise on the limited options that remain.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, the partner visa refusal review work the firm does, and the broader partner visa legal services the firm provides. Our guides to what a partner visa lawyer does in Australia, when you need an immigration lawyer for a partner visa, hiring a lawyer after lodging your own application, partner visa lawyer help compared with doing it yourself, and the roles of a partner visa migration agent or lawyer explain what professional help involves. If you already have a representative and want to change, our guide on how to change your immigration lawyer and our explanation of Form 956 and appointing a representative set out the process. Our article on how to choose a partner visa lawyer in Australia and our guide to booking an immigration lawyer consultation explain what to look for and what to prepare.

Where the refusal also raises other issues, the firm advises on related areas, including Schedule 3 waivers for onshore applicants, partner visa sponsorship limitations and the family violence provisions for partner visas. Our Subclass 820 partner visa guide and our partner visa document checklist are useful background for the reassessment that follows a remittal.

My Migration Lawyers acts for partner visa refused arranged marriage clients across Australia by video consultation, including clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm also acts as immigration lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The office is at Level 1, 60 Martin Place, Sydney NSW 2000.

Every partner visa refused arranged marriage case is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is make sure your review is lodged in time, that every reason for refusal is answered, and that the Tribunal sees your marriage as it really is, assessed against the law rather than against assumptions.

Book a consultation with My Migration Lawyers to have your partner visa refused arranged marriage decision reviewed before the deadline. You can also call us on 1300 040 300.