Partner Visa Refused? Urgent Legal Help Before the Deadline

Partner visa refused? If you are holding a partner visa refused letter right now, the most important line in it is not the reason for refusal. It is the date the decision was notified to you, because the time to apply for review runs from that date and it is short.

A partner visa refused decision is not always the end of the matter. Many refusals can be taken to the Administrative Review Tribunal (ART), which looks at the application again and can consider new evidence. But the right to review is lost if the application is not made in time, and some steps that feel sensible in the first days, such as leaving Australia or lodging a fresh application, can close off options that are still open.

This guide is written for people who have just had a partner visa refused and can still act. It explains what to do in the first days: how to find the deadline, how to read the decision record, who has the right to seek review, what happens to your bridging visa, what not to do, how to gather what was missing, and how to decide whether to seek ART review. It links to our other guides where a topic is covered in more depth. For the firm's refusal service, see our partner visa refusals page.

Partner visa refused: what to do first

If your partner visa was refused, do four things first: find the date of notification, work out the review deadline, read the full decision record, and get legal advice before you take any other step. Everything else depends on those four things being done quickly and correctly.

A practical order of work for someone who has just had a partner visa refused is:

• Find the refusal letter and the decision record, and keep both safe. Save the email, any attachment and the ImmiAccount correspondence.
• Identify the date the decision was notified and the method of notification, such as email or post.
• Identify whether the decision is reviewable, and who can apply for review.
• Read the reasons for refusal line by line, and list every criterion the officer found was not met.
• Check your current visa status, including the bridging visa you hold and its conditions.
• Do not leave Australia and do not lodge a new visa application until you have advice.
• Collect the documents and evidence that were missing or that the officer said were weak.
• Get advice on whether to apply for ART review, and lodge the review application before the deadline.

These steps are explained below. Our guide to partner visa refused appeal options gives a broader overview of the paths that may be open, and our guide to urgent immigration lawyer advice explains what to prepare before you speak to a lawyer.

Why the first days matter

The first days after a partner visa refused decision matter because the review period starts running from notification, not from the day you read the letter or the day you decide what to do. A person who spends the review period gathering documents, waiting for a reply from the Department, or trying to understand the decision alone can lose the right to review without realising it.

The work that strengthens a review case, such as new evidence and legal submissions, can generally be done after the review application is lodged. The review application itself cannot wait.

Where to find the review deadline in a partner visa refused letter

The review deadline in a partner visa refused letter is found by identifying the date of notification and the review information the Department includes with the decision. The refusal letter, or the decision record attached to it, normally states whether the decision is reviewable, which tribunal reviews it, who can apply and the time limit for applying.

Read that part of the letter first. Then confirm the deadline against the law, because the date that matters is the legal date of notification, which is not always the date you first opened the email.

The date of notification

The date of notification is the date the law treats you as having been told of the decision. The Migration Act 1958 sets rules about how the Department gives notice of a decision and when a person is taken to have received it. Depending on the method used, the law can treat a letter as received on a date earlier or later than the day you actually read it.

This is why a partner visa refused letter must be checked carefully. The date in the heading of the letter, the date of the email, and the date the decision record was signed can all be different. The review deadline is calculated from the legal date of notification. If there is any doubt, the safe course is to work from the earliest possible date.

Why the deadline cannot be extended

The ART review deadline for a partner visa refused decision is short and strictly applied, and the Tribunal has no power to extend it. An application made after the deadline is not properly made, and the Tribunal has no jurisdiction to review the decision. A good reason for being late, such as illness or not understanding the letter, does not change this.

A shorter period applies to people who are in immigration detention when they are notified of the decision. Anyone who has had a partner visa refused while in detention should get advice immediately.

Calculating the deadline with care

Calculating the deadline correctly means counting from the legal date of notification and allowing for how the decision was sent. Do not rely on a rough count, and do not leave lodgement until the final day. Online lodgement systems can fail, payment can be declined and documents can be rejected for technical reasons.

My Migration Lawyers treats every partner visa refused matter as urgent from the first contact. The firm identifies the notification date, calculates the review deadline and, where review is appropriate, lodges the review application well before the deadline, so the substantive work can follow without the risk of losing the right to review. Our visa refusals page explains the firm's ART review work across visa types.

Reading the decision record after a partner visa refused decision

The decision record is the document that explains why the partner visa was refused, and it is the starting point for every decision about what to do next. It is usually longer than the covering letter. It sets out the criteria the officer considered, the evidence the officer looked at, the findings the officer made and the reasons for each finding.

Many people who have had a partner visa refused read only the covering letter. That is a mistake. The covering letter often says no more than that the applicant did not meet a particular clause. The decision record shows how the officer reached that conclusion, and therefore what must be answered on review.

The criteria the officer found were not met

The first task is to list every criterion the officer found was not met. A partner visa refused decision may rest on one criterion or on several. Common examples include the requirement that the couple be in a genuine and continuing relationship, the Schedule 3 criteria for applicants who did not hold a substantive visa when they applied, health and character criteria, and public interest criterion (PIC) 4020 about false or misleading information.

Each criterion found not met is a separate problem. A review case that answers only one of them can still fail. Our guides to why partner visas get refused and the most common reasons Subclass 820 visas are refused explain the usual refusal grounds in more detail.

The findings on the genuine relationship

Where the partner visa was refused because the officer was not satisfied the relationship is genuine, the decision record should show how the officer assessed the four aspects of the relationship. Those aspects are the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the persons' commitment to each other. For married couples the test is in section 5F of the Migration Act with regulation 1.15A of the Migration Regulations 1994. For de facto couples it is section 5CB with regulation 1.09A.

Look for what the officer actually said about each aspect. Was evidence missing? Did the officer find inconsistencies between the partners' accounts? Did the officer rely on something said at an interview? Each finding points to evidence that may answer it. Our guide to partner visa relationship evidence explains what is usually expected for each aspect.

The evidence the officer relied on

The decision record usually lists the documents and information the officer considered. Compare that list with what was actually provided. Sometimes documents were provided but not mentioned. Sometimes the officer relied on information from another visa application, a previous relationship, a social media record or a third party. Sometimes documents the applicant believed were lodged were never attached.

Each of these points matters for review. Documents that were provided but overlooked can be identified. Information from another source can be answered. Documents that were never lodged can be provided to the Tribunal.

Information you were never given a chance to answer

Before refusing a visa on the basis of certain adverse information, the Department is generally required to give the applicant particulars of that information and an invitation to comment under section 57 of the Migration Act. If the decision record relies on information that was never put to you, note it carefully. Our guide to the section 57 natural justice letter for a partner visa explains how that process works. Similarly, if the officer refused because information requested under section 56 was not provided, our guide to responding to a section 56 request for more information explains what those requests involve.

Who has review rights when a partner visa is refused

Who has review rights depends on whether the partner visa refused was an onshore or an offshore application. For an onshore Subclass 820 and Subclass 801 refusal, the applicant in Australia applies to the ART. For a Subclass 309 refusal, the visa applicant applies to the ART in their own name, even from outside Australia.

Getting this right matters. A review application made by the wrong person, or in the wrong form, may not be a valid application, and by the time the error is noticed the deadline may have passed.

Onshore Subclass 820 and Subclass 801 refusals

An onshore partner visa is lodged as one combined application for the temporary Subclass 820 visa and the permanent Subclass 801 visa. A refusal of that application is a reviewable migration decision, and the applicant, who must be in Australia, applies to the ART for review. Our Subclass 820 visa page explains the combined application, and our guide to Subclass 820 vs Subclass 801 explains the two stages.

A refusal can happen at either stage. A partner visa refused at the Subclass 820 stage usually means the applicant never received the temporary visa. A refusal of the Subclass 801 means the applicant held the Subclass 820 but the Department was not satisfied at the permanent stage. Both refusals are generally reviewable, but the consequences for the applicant's status are different and must be checked.

Offshore Subclass 309 refusals: the applicant applies

For an offshore partner visa refused at the Subclass 309 stage, the right to apply for review belongs to the visa applicant, not the Australian sponsor. A Subclass 309 refusal is prescribed for review under section 338(9) of the Migration Act by regulation 4.02(4)(saa) of the Migration Regulations 1994, and regulation 4.02(5)(raa) gives the right to apply to the applicant, with no requirement to be in Australia. In these matters My Migration Lawyers works with the Australian sponsor, while the review application itself is made in the applicant's name. Our Subclass 309 visa page explains the offshore application.

Subclass 100 refusals

Where a Subclass 309 holder is outside Australia when the permanent Subclass 100 visa is refused, there is no merits review of that decision (section 347A(3) of the Migration Act). The position is different if the holder is in Australia at the time. Anyone who has had a Subclass 100 partner visa refused should get advice quickly on whether review is available and what other steps may be open.

Where our partner visa refused clients are located

My Migration Lawyers acts for people who have had a partner visa refused throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart.

Where you live in Australia does not change the review deadline or the law the Tribunal applies. Because the deadline is short, a lawyer who can review the decision record by video within days is more useful than one who needs an in-person meeting.

Your bridging visa after a partner visa refused decision

Your bridging visa after a partner visa refused decision depends on which bridging visa you held before the refusal and whether you apply for review in time. Most onshore applicants hold a bridging visa linked to the partner visa application, and the refusal changes how long that bridging visa lasts.

Check your current status in the Visa Entitlement Verification Online (VEVO) record and in your grant notices. Do not assume you are still lawful. Our guide to bridging visas in Australia explains the different bridging visa types and how each one ends.

Bridging Visa A linked to the refused application

A person who held a Bridging Visa A linked to the refused partner visa application generally keeps a bridging visa while the review period runs and, if a valid ART review application is lodged in time, while the review is pending. If no review application is made, the bridging visa generally ends a short time after the review period expires, and the person must leave Australia or hold another visa by then.

This is one of the most practical reasons to lodge a review application in time. Someone who has had a partner visa refused and does nothing may become an unlawful non-citizen once the bridging visa ends. Our guide to the Bridging Visa A and our article on work rights while waiting for a Subclass 820 visa explain the conditions that usually apply.

Bridging Visa E and applicants without a substantive visa

A person who did not hold a substantive visa when the partner visa application was lodged usually holds a Bridging Visa E rather than a Bridging Visa A. A Bridging Visa E has its own conditions and its own end date. Some Bridging Visas E carry condition 8101 (no work), and a person may need to seek a further bridging visa without that condition by showing a compelling need to work, such as financial hardship.

A person on a Bridging Visa E who has had a partner visa refused must check carefully how long that bridging visa lasts and what happens if review is sought. The answer depends on the terms of the particular grant.

Work rights and conditions

Work rights after a partner visa refused decision depend on the conditions of the bridging visa you hold, not on the refusal itself. If your bridging visa allowed work before the refusal, it usually continues to do so while it remains in effect. If it carried a no work condition, that condition continues. Breaching a bridging visa condition can lead to cancellation and affect future applications, so check the conditions before changing anything about your work.

Travel on a bridging visa

A Bridging Visa A does not allow travel. Leaving Australia on a Bridging Visa A without a Bridging Visa B generally ends it. A Bridging Visa E does not permit travel and leaving Australia ends it. Our guide to the Bridging Visa B explains how travel permission works while an application is pending. After a refusal, any travel needs specific advice, as explained in the next section.

Why you should not leave Australia after a partner visa refused decision

You should not leave Australia after a partner visa refused decision without advice, because departure can end your bridging visa, can end your ability to pursue onshore review, and can carry consequences for future visa applications. For many people, leaving is the step that turns a reviewable refusal into a final one.

Departure and the review application

An onshore partner visa applicant must generally be in Australia to seek review of the refusal. Leaving Australia before the review application is made, or while the review is pending, can affect the review itself and the bridging visa that keeps the applicant lawful while it runs. The safe course is to stay in Australia and get advice first.

Departure and future visa applications

Leaving Australia after a refusal can also carry consequences for future visas. Depending on the applicant's immigration history, a person who leaves while unlawful, or who leaves after a period of unlawful stay, may face an exclusion period that limits the visas they can be granted for some time. A person who held a bridging visa and leaves in compliance with it is in a different position from a person who leaves after the bridging visa has ended.

These rules are technical and depend on the individual facts. A couple considering an offshore Subclass 309 application as an alternative to ART review should get advice on exclusion periods and timing before the applicant departs.

Pressure to leave

Some people who have had a partner visa refused feel pressure to leave quickly, either because they believe the refusal requires it or because they want to show good faith. The refusal itself does not usually require immediate departure while the bridging visa remains in effect and review is available. Leaving in a hurry can mean giving up a review right that might have succeeded.

Why you should not lodge another partner visa without advice

You should not lodge another partner visa application after a partner visa refused decision without advice, because the law limits further applications in Australia after a refusal, and a second application made in the wrong circumstances is invalid. An invalid application does not give you a bridging visa and does not protect your status.

Section 48 and the prior partner visa refusal

Section 48 of the Migration Act applies to a person in Australia who does not hold a substantive visa and who has had a visa refused or cancelled since last entering Australia. That person can only apply for the visa classes prescribed in regulation 2.12. The Partner (Subclass 820 and Subclass 801) class is one of them, but Schedule 1 item 1124B(3)(e) adds extra validity requirements for a section 48 affected applicant.

The most important of those requirements for someone who has just had a partner visa refused is this: the applicant must not have been refused a partner visa since last entering Australia. Travel on a bridging visa does not reset this. In practice, a person who has had an onshore partner visa refused and remains in Australia generally cannot make a valid second onshore partner visa application. The ART review route, or in some cases an offshore application, is the path to consider. Our guide to applying for a partner visa after a visa refusal explains section 48 in more detail.

Where section 48 applies because a different visa was refused, a partner visa application may still be possible, but the sponsor's completed sponsorship form must be lodged with the application, and two statutory declarations must be lodged, each made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner, declaring that the couple are in a married or de facto relationship. Each declaration must be made within a short period before the application. Missing any of these makes the application invalid.

The Subclass 801 refusal and new applications

A Subclass 820 holder whose Subclass 801 visa is refused cannot immediately lodge another partner visa application to keep the process going (Schedule 1 item 1124B(3)(d)). The correct response to a Subclass 801 refusal is usually review, not a new application.

Other visa applications after a refusal

Lodging another type of visa, such as a visitor or student visa, after a partner visa refused decision raises the same section 48 issue and may also affect the review. Some applications are not available at all. Others may be available but inconsistent with the review case. Get advice first.

Gathering what was missing after a partner visa refused decision

Gathering what was missing means collecting the evidence that answers each finding in the decision record, so that it can be given to the Tribunal on review. The ART decides the case on the evidence before it at the time of its decision, so evidence that was not before the Department can be provided on review.

This work should begin as soon as the review application is lodged. It is often the part of a review that makes the most difference.

Relationship evidence across the four aspects

Where the partner visa was refused on the genuine relationship criterion, the evidence should answer each finding the officer made, across the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Joint financial records, a shared lease or mortgage, evidence of shared household responsibilities, evidence that friends and family know of the relationship, and evidence of long-term plans together are typical.

Our guides to preparing evidence of a genuine relationship, the Subclass 820 partner visa evidence checklist and the partner visa document checklist explain the categories of evidence in detail. On review, the aim is not to add volume. It is to answer the specific findings.

The relationship statement and Form 888 statements

A relationship statement from each partner, written in their own words and consistent with each other and with the documents, often sits at the centre of a review case. Where the officer found inconsistencies, the statements should explain them honestly. Our guide to the partner visa relationship statement explains how it is prepared.

Supporting Form 888 statements from Australian citizens and permanent residents who know the couple can also help. Our guides to Form 888 for a partner visa and Form 888 example answers and common mistakes explain who can make one and what it should say. The people making Form 888 statements may also be asked to give evidence at the hearing.

Health examinations and police certificates

Where a partner visa was refused because health examinations were not completed or a police certificate was missing or expired, the gap can often be filled on review. The applicant can complete the health examinations, obtain current police certificates, and provide them to the Tribunal. Where personal details are in issue, our guide to completing Form 80 without errors may also help.

Obtaining the Department's file

The Department's file can be requested so that the review case is prepared on the same material the officer had. A request under the Freedom of Information Act 1982 can obtain copies of documents held by the Department about the application, such as interview records, file notes and documents from earlier applications. This is often useful where a partner visa was refused on the basis of inconsistencies or information from another source, because it shows exactly what the officer was comparing.

The request takes time, and the review application must not wait for it. In practice, the review application is lodged first and the request is made at the same time or soon after. The ART also receives the Department's documents relating to the decision when a review application is made.

Changes in circumstances

If the couple's circumstances have changed since the application was lodged, such as a marriage, a move, the birth of a child or a change of address, the Department and later the Tribunal should be told. Our guide to Form 1022 change of circumstances explains the notification obligation under section 104 of the Migration Act.

What ART decisions show about a partner visa refused at the Department

ART decisions show that a partner visa refused at the Department can be remitted by the Tribunal for reconsideration when the review case answers the reasons for refusal with evidence. The following decisions from the Tribunal's partner visa caseload are described only by the issues recorded in them. In each, the Tribunal remitted the matter to the Department for reconsideration.

• In TRAN (MIGRATION) [2026] ARTA 1912, the recorded issues were the genuine relationship, a valid marriage and the four aspects of the relationship.
• In Huynh (Migration) [2023] AATA 92, the delegate was not satisfied about the genuine relationship, and the Tribunal was satisfied about the genuine relationship at the time of application.
• In Vu (Migration) [2023] AATA 2881, limited documentary evidence had been provided to the Department, and extensive documentary evidence and submissions were provided to the Tribunal.
• In 2431123 (MIGRATION) [2026] ARTA 1276, the recorded issues were inconsistent evidence, limited corroborative evidence and difficulty understanding the requirements.
• In Kaiva (Migration) [2023] AATA 408, the issue was the health criteria, and a cleared health examination was provided on review.
• In Fouracres (Migration) [2024] AATA 61, an Australian Federal Police certificate had expired before the application was finalised, and a new certificate was provided to the Tribunal.

These decisions do not predict the result in any other case. Each review is decided on its own facts and evidence. What they show is that the review stage is a real opportunity to put the right evidence before the decision maker. Our guide to what to expect at an ART review after a visa refusal explains the Tribunal process.

Should you seek ART review after a partner visa refused decision?

Yes, in most cases a person who has had a partner visa refused and still has review rights should seek ART review, unless a clear assessment shows that another path is better. The review application preserves the right to have the decision looked at again and, for an onshore applicant, generally keeps a bridging visa in place while the review is pending.

The decision whether to seek review should be made on advice, after the decision record has been read and the review deadline confirmed. It should not be made by default, and it should not be delayed until the deadline has passed.

What the Tribunal can do on review

On review of a partner visa refused decision, the ART can affirm the decision, vary it, set it aside and substitute a new decision, or remit the matter to the Department for reconsideration with directions (section 349(2) of the Migration Act and section 105 of the Administrative Review Tribunal Act 2024). For a visa application, a remittal can include a direction that the applicant is taken to satisfy a specified criterion, such as the genuine relationship criterion. The Department then reconsiders the application and assesses the remaining criteria.

The Tribunal must give a written statement of its decision and reasons and notify the applicant (sections 368 and 368A of the Migration Act). The Tribunal may dismiss an application if the applicant fails to appear at a hearing after proper notice, so attendance is essential.

When review is usually the right path

ART review is usually the right path when the partner visa was refused on grounds that can be answered with evidence, such as the genuine relationship, missing health examinations, expired police certificates, or a Schedule 3 assessment that did not consider all the circumstances. It is also usually the right path where the applicant cannot make a second onshore partner visa application because of the prior refusal.

Our guides to partner visa refused appeal options and when you need a visa appeal lawyer explain the review pathway in more detail, and our partner visa refusals page explains how the firm prepares partner visa reviews.

When another path may be considered

Another path may be considered where review is not available, where the refusal turns on a criterion that cannot be met on review, or where the couple's circumstances make an offshore application more realistic. For a couple where the applicant can leave Australia without serious consequences, an offshore Subclass 309 application sponsored by the Australian partner may be an alternative, but exclusion periods and timing must be checked first.

If the Tribunal affirms the refusal, judicial review in the Federal Circuit and Family Court of Australia is available only for jurisdictional error, which is a legal error in the way the decision was made, not a disagreement with the outcome. Time limits apply. Our judicial review page explains that process. Ministerial intervention exists in limited circumstances but is not a substitute for a properly prepared review.

Partner visa refused offshore: first steps for the Australian sponsor

When a partner visa is refused offshore at the Subclass 309 stage, the Australian sponsor usually takes the first steps in Australia, but the review application must be made by the applicant, in their own name. The sponsor has no standing to apply. The same urgency applies: the couple must identify the date of notification, confirm the deadline and make sure the applicant's review application is lodged in time.

The sponsor's first steps after an offshore partner visa refused decision are:

• Obtain the full decision record from the applicant, including every attachment, and confirm how and when the decision was notified.
• Confirm that the sponsor is eligible to apply for review and that the application is made in the sponsor's name.
• Read the findings about the relationship and about the sponsor, including any sponsorship limitation findings.
• Gather the sponsor's own evidence, because the sponsor is usually the main witness at the hearing and gives evidence in Australia.
• Arrange for the applicant overseas to obtain any missing health examinations or police certificates.

A couple in this position sometimes considers simply lodging a new offshore application instead of review. That can be the right choice in some cases, but the decision should be made after the reasons for refusal are understood, because a new application that does not answer them may meet the same result. Our Subclass 309 visa page explains how the firm acts for sponsors in offshore matters, and our complete guide to partner visas in Australia explains how the offshore and onshore pathways fit together.

A first-week plan after a partner visa refused decision: an example

A first-week plan after a partner visa refused decision is a short sequence of tasks that protects the review right first and builds the review case second. The following example is a hypothetical scenario used only to illustrate the order of work. It is not a client story.

Suppose an onshore applicant on a Bridging Visa A receives an email with a partner visa refused decision. The officer was not satisfied the de facto relationship was genuine, found inconsistencies in how the couple described when they began living together, and noted that the applicant had not completed health examinations. In the first week, a sensible plan would be:

• Day one: save the email and decision record, identify the method and date of notification, and calculate the review deadline from the earliest possible date.
• Day one or two: confirm the applicant's bridging visa and conditions in VEVO, and confirm that the applicant is the person who applies for review.
• Within days: lodge the ART review application, well before the deadline.
• In the same week: list each finding in the decision record, including the inconsistency finding and the health finding, and request the Department's file.
• In the following weeks: book the health examinations, prepare a relationship statement from each partner that explains the dates honestly, and collect documents that fix the date the couple began living together.

In this example, the couple does not leave Australia, does not lodge a new application and does not write to the Department asking it to reconsider. Each finding in the decision record is answered with evidence. Our guide to the de facto partner visa and the 12-month rule explains why the start date of a de facto relationship can matter so much.

Common mistakes in the first days after a partner visa refused letter

The most common mistakes in the first days after a partner visa refused letter are missing the review deadline, leaving Australia, lodging a new application, and applying for review without understanding the reasons for refusal. Each of these can be avoided with prompt advice.

• Counting the deadline from the wrong date. The deadline runs from the legal date of notification, which may not be the day the letter was read.
• Waiting for documents before lodging the review application. The review application should be lodged in time. Evidence can follow.
• Leaving Australia. Departure can end the bridging visa and the onshore review.
• Lodging another partner visa application. After an onshore partner visa refused decision, a second onshore partner application is generally invalid.
• Asking the Department to reconsider. The Department generally cannot reopen its own refusal. Review is by the ART.
• Ignoring secondary findings. A review case must answer every criterion found not met, not only the main one.
• Changing the story. Evidence on review must be honest and consistent. New explanations that contradict earlier evidence without good reason can damage credibility.
• Using the wrong representative form. Our guide to Form 956 and Form 956A explains how a representative is appointed.

Special situations when a partner visa is refused

Some partner visa refused decisions involve special situations that change the advice, such as the end of the relationship, family violence, Schedule 3, false or misleading information findings or sponsorship limits. Each requires specific legal assessment.

The relationship has ended

If the relationship has ended, the partner visa will generally be refused unless an exception applies. Clause 820.221 allows the Subclass 820 visa to be granted despite the end of the relationship where the sponsor has died, or where the relationship has ended and the applicant or a dependent child has suffered family violence committed by the sponsor, or where there is a child of the relationship and the applicant has custody, access or relevant orders, or the sponsor has child maintenance obligations. Similar provisions apply at the Subclass 801 stage. In each case the relationship must have been genuine until it ended. Our article on what happens if the relationship breaks down during a Subclass 820 application explains these provisions.

Family violence

Where a partner visa was refused and family violence by the sponsor is part of the history, the family violence provisions in Division 1.5 of the Migration Regulations may be relevant. Claims are either judicially determined, for example through a final protection order, or non-judicially determined, through a statutory declaration by the applicant together with prescribed evidence from competent people. In an emergency, call 000. Our family violence partner visa page explains how the firm acts in these matters.

Schedule 3 refusals

Where the applicant did not hold a substantive visa when the partner visa application was lodged, subparagraph 820.211(2)(d)(ii) requires Schedule 3 criteria 3001, 3003 and 3004 to be met unless there are compelling reasons for not applying them. Many partner visa refused decisions rest on this criterion. Following Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32, the decision maker must consider all of the applicant's circumstances up to the time of decision, including circumstances that arose after lodgement. On review, the Tribunal considers compelling reasons afresh. Our Schedule 3 waivers page, our guide to Schedule 3 criteria for a partner visa and our guide to the Schedule 3 partner visa waiver explain this area.

False or misleading information findings

A partner visa refused under PIC 4020 is a serious decision. The criterion allows refusal where false or misleading information or a bogus document has been given in the application or a recent application, and it can also lead to an exclusion period. A waiver is possible in limited circumstances, including compassionate or compelling circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen. These findings must be answered carefully and honestly on review.

Sponsorship and condition 8503 issues

Some refusals turn on the sponsor rather than the applicant, such as the sponsorship limitation in regulation 1.20J. Our sponsorship limitations page and our guide to when a sponsor cannot sponsor a partner visa explain those rules. Where condition 8503 was not waived before lodgement, the problem may be that the application was never valid, which is different from a refusal. Our guide to condition 8503 and the Subclass 820 visa explains the difference.

Choosing a lawyer after a partner visa refused decision

Choosing a lawyer after a partner visa refused decision means finding someone who can review the decision record quickly, confirm the deadline and lodge the review application in time, and who regularly prepares partner visa review cases. Speed and refusal experience matter more than location.

If you lodged your own application and now want help, our guide to hiring an immigration lawyer after lodging your own visa application explains how that works. If you already have a representative and want an independent view of the refusal, our guide to getting a second opinion from an immigration lawyer and our guide to changing your immigration lawyer explain the process.

Our guides to choosing a partner visa lawyer in Australia, when you need an immigration lawyer for a partner visa and whether to use a migration agent or a lawyer for a partner visa set out the practical considerations. Our guide to the partner visa lawyer vs doing it yourself question explains why a refusal often changes that calculation, and our overview of the partner visa lawyer role in Australia explains what that work involves. Our guide to booking an immigration lawyer consultation explains what to bring. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide.

How My Migration Lawyers acts when a partner visa is refused

My Migration Lawyers deals with complex partner visa refusals and acts in many matters where a partner visa refused decision must be answered under time pressure. The firm is capable of handling onshore Subclass 820 and Subclass 801 refusals, offshore Subclass 309 refusals brought by the Australian sponsor, and refusals involving the genuine relationship criterion, Schedule 3, health, character and PIC 4020.

In an urgent partner visa refused matter, the firm's work includes:

• Identifying the legal date of notification and calculating the review deadline from it.
• Confirming whether the decision is reviewable and who must apply for review.
• Lodging the ART review application in time, so the right to review is protected.
• Analysing the decision record criterion by criterion and identifying each finding that must be answered.
• Checking the applicant's bridging visa, its conditions and the effect of the refusal on status.
• Advising against steps that would close off options, such as departure or an invalid new application.
• Gathering the missing evidence, including relationship evidence, statements, health examinations and police certificates.
• Preparing written submissions to the Tribunal and preparing the couple and witnesses for the hearing.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's refusal work is on our partner visa refusals page, information about the firm's partner visa practice is on our partner visa lawyers page, and more about the firm is on our about page.

If you have had a partner visa refused and the review deadline has not passed, book a consultation online or call 1300 040 300.