Partner Visa Refused: What to Do Now

If your partner visa has just been refused, the answer to partner visa refused what to do is simple to state and hard to do under stress: read the decision notice, find the date you were notified, and work out your review deadline today. This partner visa refused what to do guide is organised by time. It sets out what to do in the first 24 hours, what to do in the first week, and what must be done before the deadline. It also explains what not to do, because some of the most common reactions to a refusal cause damage that cannot be undone.

A refusal is a serious decision, but for most applicants it is not the end of the matter. Most partner visa refusals can be reviewed by the Administrative Review Tribunal. The Tribunal decides the case again and can consider new evidence. The difficulty is that the right to review depends on strict time limits, on who lodges, and in onshore cases on where the applicant is physically located on the day of lodgement. A partner visa refused what to do plan that gets these three things right in the first days keeps every option open.

This article is a first-steps action guide. It does not explain the full appeal process in detail. For that, read our guide to partner visa refusal appeal options. If you need help now, the firm's partner visa refusal lawyers review refusal decisions and deadlines as a priority.

Partner visa refused what to do first: the short answer

The first thing to do after a partner visa refusal is to confirm the date of notification and calculate the 28-day deadline to apply for review. Everything else in a partner visa refused what to do checklist depends on that date. The time limit is set by section 347(3) of the Migration Act 1958. 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. The Tribunal cannot extend this time limit. A late application is not properly made, and the ART has no power to hear it.

The short partner visa refused what to do list for the first day is:

• Read the whole decision notice. Find the visa subclass refused, the date of the decision, how it was sent, and the review rights paragraph.
• Work out the notification date. This depends on whether the notice was sent by email, by post or handed to you.
• Calculate the last day for review. Count 28 days starting from the day after notification, and write the date down.
• Check your bridging visa and lawful status. Onshore applicants need to know what bridging visa they hold and when it will cease.
• Stay in Australia if you are onshore. Do not travel until you have advice.
• Do not lodge a new visa application in a panic. A rushed new application can create problems and does not stop the review clock.

The rest of this guide explains each step. If the deadline is close, read the section on lodging review first, then come back.

Who this guide is for

This guide is for couples who have received a refusal of a Subclass 820, Subclass 801, Subclass 309, Subclass 100 or Subclass 300 partner visa and who are still within the time allowed to seek review. It applies whether the applicant is in Australia or overseas, and whether the couple are married or in a de facto relationship. If you are still waiting for a decision and have received a letter inviting comment, our guide to the section 57 natural justice letter for a partner visa is the more relevant starting point.

What to do in the first 24 hours after a partner visa refusal

In the first 24 hours after a partner visa refusal, you should secure the decision, fix the deadline date, confirm your visa status and make sure you do not take any step that closes off review. A partner visa refused what to do plan for day one is about protecting rights, not about building the case. The case comes later.

Read the decision notice and the decision record

The Department usually sends two documents: a decision notice (a letter telling you the visa is refused and explaining review rights) and a decision record (the delegate's statement of reasons). Read both completely. The notice tells you who can apply for review, the time limit and how the time limit is calculated. The decision record tells you which criterion or criteria the delegate found were not met.

Keep the original email, including its date and time, and download every attachment. Save copies in more than one place. If you used a representative, ask them immediately for a copy of everything the Department sent. Our guide to hiring an immigration lawyer after lodging your own application explains how a new representative can take over at this stage.

Find the notification date and how the decision was sent

The notification date is the date you are taken by law to have received the decision, and it is not always the date printed on the letter. Section 494C of the Migration Act sets the rules. Where a decision is sent by email, it is taken to be received at the end of the day it is transmitted. Where it is sent by post, and posted within 3 working days of the date of the letter, it is taken to be received 7 working days after the date of the letter. Where it is handed to you in person, it is received immediately.

This matters because the 28 days start running from the day after notification. A decision sent by email on a Tuesday is notified at the end of that Tuesday, even if you did not open the email until Friday. A decision sent to your authorised recipient or representative is generally treated as given to you. Anyone working through a partner visa refused what to do checklist should treat the email date as the start of the clock unless advised otherwise.

Calculate the 28-day deadline correctly

To calculate the deadline, take the notification date and count 28 days forward, starting with the next day as day one. Consider a generic example. If a refusal is emailed on Tuesday 2 March 2027, the applicant is notified at the end of 2 March 2027. Day one is 3 March 2027, and the 28th day is 30 March 2027. The review application, and the fee, must be completed by the end of 30 March 2027.

Now consider the same decision sent only by post. If the letter is dated Monday 1 March 2027 and posted within 3 working days, it is taken to be received 7 working days after 1 March 2027, which is Wednesday 10 March 2027. The 28 days then run from 11 March 2027, and the last day is 7 April 2027.

Do not plan to lodge on the last day. Online systems fail, payments are declined and documents go missing. A sensible partner visa refused what to do timetable aims to lodge well before the final week. Our article on urgent immigration lawyer advice sets out what to prepare when time is short.

Check your bridging visa and lawful status

If you applied onshore for a Subclass 820 and Subclass 801 visa, you were probably granted a bridging visa with that application. That bridging visa does not end on the day of refusal. For a Bridging A visa granted on or after 19 November 2016 with a partner application, the visa generally ceases 35 days after the refusal decision if no review application is made. If a review application is made in time, the bridging visa continues while the review is on foot. The same 35-day pattern applies to a Bridging B visa and a Bridging C visa.

This is one of the most important points in any partner visa refused what to do plan. Lodging a valid review application within 28 days keeps the applicant lawful. Not lodging means the applicant becomes unlawful once the bridging visa ceases, unless they hold another visa. Our guide to bridging visas in Australia explains the different classes and their conditions.

Do not leave Australia if you applied onshore

An onshore applicant should not leave Australia after a refusal without advice. Under section 347A of the Migration Act, for an onshore partner visa refusal reviewable under section 338(2), the visa applicant must be physically present in Australia when the review application is made. If the applicant leaves before lodging, the right to review can be lost.

Travel also affects the bridging visa. A Bridging A visa does not allow the holder to return to Australia after departure, and a Bridging B visa only allows travel within the period granted. Leaving can bring the bridging visa to an end. For applicants who must be in Australia at the time of grant, leaving can also affect the visa itself. If you have an urgent family reason to travel, take advice before booking anything.

Do not panic and lodge a new application

A new visa application lodged in a hurry is rarely the right first step after a refusal. It does not stop the review clock. It may not be valid. Section 48 of the Migration Act limits the visas a person in Australia can apply for after a refusal, and while a partner visa is generally one of the visas still available, Schedule 3 criteria may then apply. A second application that repeats the weaknesses of the first can also leave a second adverse decision on the record.

Our article on whether you can lodge a partner visa after a visa refusal explains the section 48 position. In most cases, the right partner visa refused what to do answer is to protect the review right first, and to consider other pathways only after advice.

Why the first days after a partner visa refusal matter so much

The first days after a refusal matter because the three things that decide whether review is possible, namely the deadline, the applicant's location and the payment of the fee, are all fixed in that period. None of them can be repaired later. Evidence can be improved, statements can be completed and submissions can be written in the weeks after lodgement. A missed deadline cannot be fixed by anyone.

This is why a partner visa refused what to do plan separates urgent tasks from important tasks. The urgent tasks are procedural: the date, the location, the person who lodges and the fee. The important tasks are substantive: the reasons for refusal, the evidence and the arguments. Couples who mix these up often spend the first two weeks rewriting their relationship history, and then discover that the deadline has almost passed.

The emotional reaction is normal, but the clock keeps running

A refusal is distressing for both partners. Many couples feel shock, anger or shame, and some stop opening emails from the Department. That reaction is understandable. The law does not pause for it. The 28 days run whether or not the decision has been read. The most useful thing either partner can do on the first day is to put the deadline date in writing and share it with each other.

Why the delegate's decision is not the final word

A delegate's refusal is a first-instance decision. The ART reviews it on the merits, which means it decides the case again rather than checking whether the delegate made a technical error. The Tribunal can consider evidence that did not exist when the delegate decided, and it hears from the couple directly. For this reason, a careful partner visa refused what to do plan treats the refusal as information about what the decision-maker needs to see, rather than as a final verdict on the relationship.

Our guide to the complete partner visa pathway in Australia explains how the review stage fits into the full process, from first application to permanent residence.

What the partner visa refused what to do timeline looks like in practice

Consider a generic couple whose Subclass 820 application is refused by email. On day one, they save the email, read the decision record and calculate the deadline. On day two, they confirm the applicant's Bridging A visa and agree that the applicant will not travel. In the first week, they collect their application documents, list the refusal reasons and speak to a lawyer. By the end of the second week, the review application is lodged and the fee is paid, with more than two weeks still left before the deadline. The evidence is then built over the following months before the hearing. That is what a calm partner visa refused what to do timeline looks like.

How do you calculate the 28-day deadline after a partner visa refusal?

You calculate the deadline by working out the notification date under section 494C and then counting 28 days, starting from the day after notification. The rule is fixed by section 347(3) of the Migration Act. The 28 days include weekends and public holidays. The Tribunal has no discretion to accept a late application, whatever the reason for the delay.

Several practical points arise when couples work through partner visa refused what to do steps for the deadline:

• Email is the usual method. Most partner visa decisions are emailed to the address in the application. The email date is usually the notification date.
• Post adds 7 working days. Only where the decision was sent by post does the 7 working day rule apply.
• Representatives receive on your behalf. If a representative or authorised recipient was appointed, the decision is generally sent to them, and the clock may start before you have seen it.
• Detention changes the limit. If the applicant is in immigration detention on the day of notification, the time limit is 7 days, not 28.
• The fee is part of the deadline. Lodging the form without paying the fee within the 28 days is not enough.

The deadline cannot be extended by the Tribunal, the Department or anyone else. That is why this partner visa refused what to do guide puts the deadline before every other task. If you are not sure of the notification date, assume the earliest possible date and act on that.

Why the review fee must be paid within the 28 days

A review application is only properly made if the fee is paid within the 28 days. The ART charges a substantial application fee for review of a migration decision, and the fee increases each 1 July. An applicant facing financial hardship may ask for a reduced fee, but the request must be made and at least 50% of the full fee paid within the same 28-day period. If family members were refused together, they can usually make a combined application for review and pay only one fee.

A partner visa refused what to do budget should therefore include the Tribunal fee in the first week, not the last day. If the fee will be difficult, raise it with a lawyer early so that the fee-reduction request can be made properly.

What happens to your bridging visa after a partner visa refusal?

Your bridging visa continues for a period after the refusal and generally ceases 35 days after the decision if no review is lodged. If a review application is made within the time limit, the bridging visa continues until the review is finished. Under clause 010.511 of Schedule 2 to the Migration Regulations 1994, a Bridging A visa granted with a partner application on or after 19 November 2016 then ceases 35 days after the Tribunal's decision, or stays in effect if the matter is remitted to the Department.

The practical effect is important for anyone asking partner visa refused what to do about work, study and Medicare. While the review is on foot, the applicant usually keeps the same bridging visa conditions, including work rights where those were granted. Our guide to working while waiting for a Subclass 820 visa explains those conditions.

If the applicant was unlawful when the partner visa was lodged

Some onshore applicants held no substantive visa when they applied, and were granted a bridging visa only because of the partner application. These applicants had to meet or seek a waiver of the Schedule 3 criteria for a partner visa. After a refusal, their bridging visa follows the same 35-day pattern. If no review is lodged, they become unlawful again when it ceases. For this group, a partner visa refused what to do plan that misses the 28-day deadline has immediate consequences.

If the applicant holds another substantive visa

An applicant who still holds a substantive visa, such as a student or work visa, remains lawful on that visa while it lasts. The bridging visa sits in the background. A refusal does not cancel the substantive visa. Even so, review should usually be lodged in time so that the partner visa pathway is preserved. For this group, partner visa refused what to do advice is mainly about keeping the partner pathway open. A visa cancellation is a different process with different time limits, explained on the firm's visa cancellations page.

What to do in the first week after a partner visa refusal

In the first week, you should obtain the full decision record, identify every refusal reason, collect your documents, get legal advice and decide whether to seek review or follow another pathway. The first 24 hours protect your rights. The first week is about understanding the case. A careful partner visa refused what to do plan for the week looks like this.

Get the full decision record and identify every refusal reason

Read the decision record line by line and list every criterion the delegate found was not met. A partner visa can be refused on one criterion or on several. A refusal that mentions only the genuineness of the relationship may also contain a short finding on Schedule 3, on a public interest criterion or on the sponsor. Each finding must be answered at review. If one is missed, the Tribunal may affirm the refusal on that ground alone.

For each reason, note the facts the delegate relied on. Delegates often rely on gaps in evidence, inconsistencies between forms, or answers given at an interview. Our article on why partner visas get refused and our list of the common reasons Subclass 820 visas are refused show the patterns that appear most often.

Gather your documents

Collect a complete copy of what was lodged. That includes the application forms, your Form 80, the relationship statement, every supporting document, any Form 888 supporting statements, and all correspondence with the Department. If the Department sent a section 56 request for more information or a section 57 letter, include those letters and your replies.

A complete partner visa refused what to do file makes every later step faster. Then collect evidence created since lodgement. Relationships keep developing. New leases, joint bills, travel together, photographs and messages since the application are often useful at review, because the Tribunal looks at the relationship at the time of its own decision for many criteria. Our partner visa document checklist and our guide to preparing evidence of a genuine relationship list the usual categories.

Get legal advice early

Legal advice is most valuable in the first week, when there is still time to lodge properly and plan the evidence. A lawyer will confirm the deadline, check who must lodge, read the decision record against the law, and tell you which reasons are strong and which are weak. They will also identify any criterion that is not mentioned in the refusal but is likely to arise at review or on remittal.

The firm's partner visa lawyers review refusal decisions as a priority. Our guide to what a visa appeal lawyer does explains the role in more detail, and our article on getting a second opinion from an immigration lawyer explains what to expect if you already had a representative. Any partner visa refused what to do plan should include advice from a qualified professional well before the deadline, not in the final days.

Decide between review and another pathway

Most couples should seek review, but review is not the only option and it is not always the right one. The choice depends on the refusal reasons, the applicant's location, the applicant's visa history and the strength of the evidence. A lawyer will compare at least these options:

• ART review. The Tribunal decides the case again and can consider new evidence. If the decision is set aside or remitted, the original application continues.
• A new partner visa application. This may be possible in some cases, but it involves a new Department application charge, possible Schedule 3 issues for onshore applicants, and fresh processing time.
• An offshore application. For some applicants, a Subclass 309 application from outside Australia may be available, but leaving can end the right to review and other options.
• Another visa entirely. Occasionally another visa pathway is stronger than the partner visa.

Our guide to partner visa refusal appeal options explains each option in depth. The point for this partner visa refused what to do guide is that the decision should be made in the first week, with advice, so that review can still be lodged on time if that is the choice.

Check whether a family member or the Australian partner should also act

Check whether anyone else must take a step. Secondary applicants, such as dependent children included in the application, are usually refused at the same time and can generally be included in a combined review application with one fee. For a Subclass 300 refusal, it is the Australian sponsor who applies for review. For a Subclass 309 refusal, the visa applicant applies, but the Australian partner usually gives instructions, supports the application and gives evidence at the hearing. The sponsor's own documents, such as payslips, a lease or a statement, may be needed. The partner visa refused what to do work is a joint task for both partners.

Partner visa refused what to do for onshore and offshore applicants

What you should do depends on whether the partner visa was refused onshore (Subclass 820 and Subclass 801) or offshore (Subclass 309 and Subclass 100, or Subclass 300). The deadline is the same 28 days in most cases, but the person who applies, the location rules and the bridging visa position are different.

Onshore refusals: Subclass 820 and Subclass 801

For an onshore refusal, the visa applicant applies for review and must be physically in Australia when the review application is made. These decisions are reviewable under section 338(2) of the Migration Act. The applicant usually holds a bridging visa, which continues if review is lodged in time. The Subclass 820 visa page explains the onshore pathway, and our comparison of Subclass 820 and Subclass 801 explains how the two stages fit together.

For an onshore applicant, the partner visa refused what to do priorities are to stay in Australia, keep the bridging visa alive by lodging review in time, and continue to comply with any visa conditions. Applicants who came to Australia on a visitor visa should also read our guide on moving from a tourist visa to a partner visa in Australia, because visitor visa conditions and Schedule 3 issues often arise in those cases.

Offshore refusals: Subclass 309 and Subclass 100

For a Subclass 309 refusal, the visa applicant applies for review, even though the applicant is outside Australia. The Australian partner usually instructs the lawyer and gives evidence. There is no bridging visa issue because the applicant is offshore. The Subclass 309 visa page explains this pathway.

A Subclass 100 refusal made while the applicant is outside Australia is not reviewable by the ART, under sections 338(7A) and 347A(3) of the Migration Act. That is an important limit. Anyone with a Subclass 100 refusal should take advice quickly about what options remain.

Prospective marriage refusals: Subclass 300

For a Subclass 300 refusal, the Australian sponsor applies for review, not the visa applicant. There is also a special rule. If the couple marry after the refusal and before the review is finally decided, and they tell the ART, the review application is taken to also be an application for a partner visa if the matter is remitted. A couple facing a Subclass 300 visa refusal should therefore take advice before deciding on wedding plans, because the timing can affect the outcome of the review.

Partner visa refused what to do depending on the refusal reason

What you should do next depends on the reason for refusal, because each criterion needs a different kind of evidence and argument. Below is a partner visa refused what to do guide for each of the main refusal grounds. Many refusals rest on more than one ground, so read every heading that matches the decision record, not just the first.

Refused because the relationship was not accepted as genuine

If the delegate was not satisfied that the relationship is genuine and continuing, the task is to answer the specific concerns in the decision record with clear, consistent and current evidence. For married couples, the test is in section 5F of the Migration Act. For de facto couples, it is in section 5CB. The Department and the Tribunal consider the four aspects of the relationship set out in regulation 1.15A(3) for spouses and regulation 1.09A(3) for de facto partners: the financial aspects, the nature of the household, the social aspects, and the nature of the commitment. The question is whether the couple have a mutual commitment to a shared life as spouses to the exclusion of all others.

Read what the delegate said about each aspect. A delegate may have accepted the financial evidence but doubted the social aspects, or may have relied on a gap in time living together. Our guides to partner visa relationship evidence, the partner visa relationship statement and Form 888 example answers explain how each aspect is usually shown. For de facto couples, our article on the de facto partner visa and the 12-month rule explains the extra requirements.

At review, the couple's relationship statement remains their own account. A lawyer reviews it against the forms and the documents, identifies gaps and inconsistencies, and asks the couple to correct and complete it. The partner visa refused what to do rule here is consistency: a new account that contradicts the original application can damage credibility.

Refused on Schedule 3 grounds

If the refusal relates to Schedule 3, the issue is that the applicant did not hold a substantive visa when the partner visa was lodged and the delegate found no compelling reasons to waive criteria 3001, 3003 and 3004. The Tribunal can look again at whether compelling reasons exist. Evidence such as the length of the relationship, children, the Australian partner's circumstances and the applicant's immigration history becomes central. Read the firm's Schedule 3 waiver page and our guide to the Schedule 3 partner visa waiver for the details.

For these applicants, the partner visa refused what to do priorities are especially urgent. They usually hold only a bridging visa, so a missed deadline means a return to unlawful status. Applicants whose earlier visa had a no further stay condition should also read our article on applying for a Subclass 820 visa with condition 8503.

Refused on health grounds

If the refusal relates to health, the issue is that the applicant, or a family member included in the application, did not meet the health criteria in Schedule 4. For partner visas, the health criteria generally allow a waiver to be considered in some circumstances. At review, current medical evidence and evidence about the cost and impact of the condition may be relevant. The partner visa refused what to do step in a health case is to obtain the medical assessment the Department relied on, and to take advice before obtaining new reports.

Refused on character or integrity grounds

If the refusal relates to character, or to public interest criterion 4020, the issue is the applicant's criminal history or conduct, or a finding that false or misleading information or a bogus document was given. These are serious findings. Under PIC 4020, a refusal can carry consequences for future applications. The partner visa refused what to do rule in these cases is to say nothing new to the Department until you have advice, because an explanation given without advice can make the finding worse. Our guide to completing Form 80 without errors shows how inconsistent forms can lead to these findings.

Debts to the Commonwealth under PIC 4004 can also lead to refusal. In many cases, a debt can be repaid or an arrangement made, and evidence of that can be put before the Tribunal.

Refused because of a sponsorship problem

If the refusal relates to the sponsor, the issue may be a sponsorship limitation, such as the sponsor having previously sponsored a partner, or a concern about the sponsor under the protection of children provisions. Some limitations can be waived where there are compelling circumstances. The firm's sponsorship limitations page and our article on when a sponsor cannot sponsor a partner visa explain the rules. In a sponsorship case, the partner visa refused what to do plan depends heavily on the Australian partner's history and evidence.

Refused after the relationship ended or after family violence

If the relationship ended after lodgement, the position is different again. Where the relationship ended because of family violence, the special provisions in Division 1.5 of the Migration Regulations may allow the applicant to continue. The firm's family violence partner visa page and our article on relationship breakdown during a Subclass 820 application explain these rules. Same-sex couples face the same tests as any other couple, as explained on the LGBTI partner visa page.

What to do before the deadline: lodging review properly

Before the deadline, you must lodge a valid review application with the ART, pay the fee or make a fee-reduction request with at least 50% paid, and make sure the right person lodges from the right place. Each of these is a condition of a properly made application. The partner visa refused what to do steps before the deadline are:

• Confirm the right applicant. For an onshore refusal, the visa applicant lodges. For a Subclass 309 refusal, the visa applicant lodges. For a Subclass 300 refusal, the sponsor lodges.
• Confirm location. For an onshore refusal, the applicant must be physically in Australia when lodging.
• Attach the decision notice. The application must include a copy of the decision notice if the applicant has it.
• Use an accepted method. The ART accepts applications through its online form, a paper form or a letter, as set out in its practice direction for migration and protection cases.
• Pay the fee within the 28 days. Keep the payment receipt.
• Include family members. Where family members were refused together, a combined application usually avoids a second fee.
• Keep the bridging visa. Once review is lodged in time, the onshore applicant's bridging visa continues. Do not travel without advice.

Once these steps are complete, the urgent part of the partner visa refused what to do process is finished, and the work moves to evidence and submissions. After lodging, ask early for access to the documents the Department gave the Tribunal, under section 362A of the Migration Act. The Department is not a participating party in most migration reviews and generally does not appear at the hearing. The ART must give its decision with written reasons. Our guide to what to expect at ART review and the firm's visa refusals page explain what happens next.

Attend the hearing

If the Tribunal invites you to a hearing, attend it. The Tribunal can dismiss an application if the applicant does not attend. An application to reinstate must be made within 28 days after notice of the dismissal. A partner visa refused what to do plan should include the hearing date in both partners' calendars as soon as it is known.

What not to do after a partner visa refusal

The most damaging mistakes after a refusal are missing the deadline, travelling, giving inconsistent new statements, relying on informal advice and ignoring the Department. Each of these can close off options that would otherwise be available.

"I can lodge the appeal whenever I am ready"

This is wrong. The time limit is fixed at 28 days after notification (7 days in detention), and it cannot be extended. A complete case is not required to lodge. The application can be lodged first and evidence filed later, before the hearing. The partner visa refused what to do rule is to lodge first and build the case second. A late application cannot be accepted, so the time to act is while the 28 days are still running.

"I will go home and apply from overseas"

This is often wrong for an onshore applicant. Leaving Australia before lodging can end the right to review, and leaving can end the bridging visa. An offshore application starts again from the beginning with a new charge and new processing time. Take advice before leaving.

"We will write a new statement that fixes everything"

This is risky. A new statement that changes dates, events or explanations from the original application can be treated as an inconsistency. The Tribunal compares everything on the file. New evidence should add to and explain the original account, not replace it. Where earlier information was wrong, a lawyer should advise on how the correction is made.

"A friend or an online group told us what to do"

Informal advice is not a reliable basis for a partner visa refused what to do decision. The rules on notification, location, combined applications and fees are technical, and a small error can make the review application invalid. Our article on choosing between a migration agent and an immigration lawyer explains how to find a qualified adviser, and our guide on the difference a partner visa lawyer makes compared with doing it yourself sets out what professional help involves.

"We do not need to tell the Department anything now"

Disengaging is a mistake. While the review is pending, keep your contact details current, respond to any correspondence, and comply with your bridging visa conditions. A change in circumstances, such as a new address, may need to be notified using Form 1022. If you appoint a new representative, they will lodge Form 956.

Can a refused partner visa be overturned at the ART?

Yes. The ART can set aside a partner visa refusal and either substitute a new decision or remit the matter to the Department with a direction that a specified criterion is taken to be met. The Tribunal stands in the shoes of the original decision-maker and considers the evidence before it at the time of review, including evidence the delegate never saw. On remittal, the Department must reassess the remaining criteria and is bound by the Tribunal's finding.

Couples researching partner visa refused what to do often assume that a refusal means the relationship has been rejected for good. Tribunal decisions show that partner visa refusals are regularly overturned. The following decisions, recorded in published headnotes, were remitted to the Department:

• Wang (Migration) [2024] ARTA 822. The reported issue was a genuine and continuing relationship where the couple validly married two months after meeting, with the financial, household and social aspects, the nature of the commitment and future plans considered.
• Le (Migration) [2025] ARTA 2423. The reported issue was a genuine and continuing relationship where there was incorrect residential information in the visa application, with a joint bank account and shared education expenses considered.
• Tang (Migration) [2026] ARTA 374. The reported issue was a genuine and continuing relationship for a validly married couple where a previous application had been refused, with the sponsor's regular visits and the applicant's arrival on a visitor visa considered.
• Ali (Migration) [2026] ARTA 640. The reported issue was compelling reasons to waive the Schedule 3 criteria, with a genuine and continuing relationship, children of the relationship and DNA testing considered.
• Zhang (Migration) [2026] ARTA 84. The reported issue was a genuine relationship, a sponsorship limitation requirement, no substantive visa at the time of application, and compelling reasons.
• Koroma (Migration) [2026] ARTA 200. The reported issue, in a Subclass 309 matter, was a genuine and continuing relationship for a couple validly married in their home country, with limited financial, household and social aspects while living in different countries.
• Lakhwinder Singh (Migration) [2026] ARTA 1558. The reported issue was a valid marriage to an Australian citizen sponsor, where there were unsubstantiated allegations of a fake marriage and a joint bank account.

These decisions do not predict the result of any other case. Each turned on its own evidence. They do show that a refusal by a delegate is not the final word, and that the partner visa refused what to do steps taken in the first days decide whether a couple ever reaches the Tribunal at all.

If the Tribunal affirms the refusal, the Minister has a personal public-interest power to substitute a more favourable decision under section 351 of the Migration Act. 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.

How My Migration Lawyers handles a partner visa refusal in the first days

My Migration Lawyers acts for couples from the day a partner visa refusal arrives, starting with the deadline and the visa status and then building the review case. The firm deals with complex partner visa refusals, acts in many matters of exactly this type, and is capable of handling refusals on genuineness, Schedule 3, sponsorship, health and character grounds, onshore and offshore. For anyone asking partner visa refused what to do, the firm's first-days work follows clear steps:

• Deadline and notification checked. We confirm how and when the decision was notified, including where it went to a previous representative, and we calculate the last day for review.
• Status protected. We confirm the applicant's bridging visa or substantive visa, the date the bridging visa would cease without review, and whether the applicant must remain in Australia.
• Right applicant confirmed. We confirm who must apply for review, whether family members can join a combined application, and what the Australian partner must provide.
• Review lodged and fee paid. We prepare and lodge the review application with the decision notice and make sure the fee, or a fee-reduction request with the required part payment, is in place within the 28 days.
• Reasons broken down. We read the decision record against the Migration Act and the Migration Regulations, list every criterion found not met, and identify criteria likely to arise on remittal.
• Documents obtained. We request the documents the Department gave the Tribunal and compare them with what the couple lodged.
• Evidence rebuilt. We review the couple's relationship statement and evidence, identify gaps and inconsistencies, and ask the couple to correct and complete their own account. We organise Form 888 supporting statements and current documents.
• Submissions and hearing. We prepare written submissions on each criterion, prepare both partners and any witnesses, and appear with them at the hearing.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, the firm's approach to partner visa lawyer work in Australia, and our guide to when you need an immigration lawyer for a partner visa. Our article on the roles of a partner visa migration agent or lawyer and our guide on how to choose a partner visa lawyer in Australia explain what to look for. If you are changing representatives after the refusal, our guide to changing your immigration lawyer explains the process, and our article on booking an immigration lawyer consultation explains what to prepare. The complete guide to partner visas in Australia covers the wider pathway.

My Migration Lawyers acts for refused partner visa 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 refusal 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, that the applicant's lawful status is protected, and that the Tribunal sees complete and consistent evidence answering every reason for refusal. If you are working through a partner visa refused what to do plan and the deadline is still running, act now.

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