Partner Visa Sponsor Character Refusal: Review Options

A partner visa sponsor character refusal is a refusal of a Subclass 820, Subclass 309 or Subclass 300 visa because the Department of Home Affairs would not approve the Australian sponsor, on the ground that the sponsor has been convicted of a relevant offence and has a significant criminal record for it. A partner visa sponsor character refusal is made under regulation 1.20KC(3) of the Migration Regulations 1994, and it can be challenged.

The refusal usually comes as a shock to the applicant, because the reasons involving the sponsor's convictions are not set out in the refusal letter. The sponsor often knows exactly why it happened. This guide explains how a partner visa sponsor character refusal is made, what the Department had to consider, why the decision can be reversed, and what evidence matters when the refusal is taken to the Administrative Review Tribunal.

The firm's partner visa sponsorship limitations page explains every sponsorship bar in the Migration Regulations, and the complete guide to partner visas covers each subclass. The firm's separate guides on individual offences, such as a sponsor with a domestic violence conviction, deal with the offence law. This article focuses on the refusal and the review.

What is a partner visa sponsor character refusal?

A partner visa sponsor character refusal is a decision to refuse the visa because the sponsorship was not approved under regulation 1.20KC(3), which requires refusal of the sponsorship where the sponsor has been convicted of a relevant offence and has a significant criminal record in relation to it, unless approval is reasonable.

Regulation 1.20KC works in three steps:

• Relevant offence. Has the sponsor been convicted of an offence listed in regulation 1.20KC(2)?
• Significant criminal record. Does the sponsor have a significant criminal record in relation to that offence, as defined in regulation 1.20KD?
• Reasonableness. If both are present, is it nevertheless reasonable to approve the sponsorship under regulation 1.20KC(4)?

A partner visa sponsor character refusal can only be made lawfully if the answer to the first two questions is yes and the decision maker, having had regard to the required matters, is not satisfied that approval is reasonable. Approval of the sponsorship is a time of decision criterion under clauses 820.221, 309.222 and 300.222, so once the sponsorship is not approved the visa must be refused.

Regulation 1.20KC applies to applications for the Subclass 820 partner visa, the Subclass 309 partner visa and the Subclass 300 prospective marriage visa made on or after 18 November 2016. It does not apply to the permanent Subclass 801 or Subclass 100 stage. The guides on the sponsor at the second stage and the sponsor police check at the second stage explain what happens later.

Is a sponsor character refusal the same as a character refusal of the applicant?

No. A partner visa sponsor character refusal concerns the Australian sponsor's convictions under regulation 1.20KC, while an applicant character refusal concerns the visa applicant under the character test in section 501 of the Migration Act and the public interest criteria.

The two are often confused because both involve criminal history. The differences are practical:

• Whose record. Regulation 1.20KC looks at the sponsor. Section 501 and public interest criterion 4001 look at the applicant.
• Which offences. Regulation 1.20KC is limited to the relevant offences listed in regulation 1.20KC(2). The applicant character test is much wider.
• Threshold. Regulation 1.20KC turns on a significant criminal record as defined in regulation 1.20KD, which is a sentence of imprisonment of 12 months or more, or two or more terms totalling 12 months or more, among other things.
• Review. A partner visa sponsor character refusal goes to the general migration review jurisdiction of the Tribunal. Applicant character decisions under section 501 follow a different path.

The firm's guide to an applicant character refusal, its guide to partner visa section 501 and its overview of partner visa character requirements explain the applicant side. Where both the sponsor and the applicant have criminal history, both tests must be addressed separately.

Which convictions can lead to a partner visa sponsor character refusal?

Only convictions for a relevant offence listed in regulation 1.20KC(2) can lead to a partner visa sponsor character refusal, and only where a court recorded a conviction.

Regulation 1.20KC(2) covers offences against a law of the Commonwealth, a State, a Territory or a foreign country involving:

• violence against a person, including murder, assault, sexual assault and the threat of violence;
• the harassment, molestation, intimidation or stalking of a person;
• the breach of an apprehended violence order, or a similar order;
• firearms or other dangerous weapons;
• people smuggling;
• human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or unlawful confinement;
• attempting to commit any of those offences; and
• aiding, abetting, counselling or procuring any of those offences.

Department policy is clear that convictions for other offences cannot be used to refuse the sponsorship under regulation 1.20KC(3), and cannot be disclosed to the applicant under this policy. A drink driving or fraud conviction, for example, is not a relevant offence unless it also involves one of the listed matters. A finding of guilt without a recorded conviction is also outside regulation 1.20KC.

The firm's guides to relevant offences under regulation 1.20KC, a sponsor with an assault conviction, a sponsor with a stalking or harassment conviction, a sponsor convicted of breaching an AVO and a sponsor with a conviction but no jail time explain each category.

When does a conviction become a significant criminal record?

A conviction for a relevant offence becomes a significant criminal record under regulation 1.20KD when the sponsor was sentenced to death, to life imprisonment, to a term of imprisonment of 12 months or more, or to two or more terms totalling 12 months or more.

Department policy applies the definition in these ways:

• Suspended sentences count. A suspended sentence is a sentence to a term of imprisonment. It is the sentence that matters, not the time actually served.
• Early release does not reduce the sentence. A sponsor sentenced to 12 months who was released earlier still has a significant criminal record.
• Concurrent sentences are added together. Two sentences of 6 months served concurrently amount to a significant criminal record.
• Periodic detention and residential programs count where the total days required equal 12 months or more.
• Quashed convictions and certain pardons are disregarded under regulation 1.20KD(5).

A sponsor with a relevant offence conviction but no significant criminal record cannot be the subject of a partner visa sponsor character refusal under regulation 1.20KC(3). The conviction is disclosed to the applicant with the sponsor's consent, but the sponsorship cannot be refused on that ground. The firm's guide to a sponsor significant criminal record under regulation 1.20KD works through the calculations.

What other sponsor character issues can end in refusal?

Three related issues can also end in a refusal that looks like a partner visa sponsor character refusal: police checks not provided, consent to disclosure declined, and the child protection bar in regulation 1.20KB.

• Police checks not provided. Under regulation 1.20KC(6), the Department may refuse to approve the sponsorship if the sponsor does not provide requested police checks within a reasonable time. Department policy treats 28 days as reasonable for providing the checks, or at least evidence of a request. The guide to a sponsor police check not provided explains this.
• Consent declined. The sponsor must consent to the Department disclosing convictions for relevant offences to each applicant. If the sponsor expressly declines, the visa is refused because clause 820.221, 309.222 or 300.222 cannot be met.
• Children in the application. Where the application includes an applicant under 18, regulation 1.20KB can prevent approval where the sponsor has a conviction or unresolved charge for a registrable offence. Department policy considers regulation 1.20KB first where both regulations apply.

An unresolved criminal charge cannot itself be the basis for refusing the sponsorship under regulation 1.20KC. Department policy allows the decision maker to ask about the charge and, in some cases, to defer the decision for a short time. The firm's short answer on whether a sponsor's criminal record stops a partner visa and its guide to police check requirements for sponsors explain these issues.

How does the Department decide a partner visa sponsor character refusal?

The Department decides a partner visa sponsor character refusal by assessing the sponsor's police checks, inviting the sponsor to comment where grounds exist under regulation 1.20KC(3), considering whether approval is reasonable under regulation 1.20KC(4), and then putting the sponsorship outcome to the applicant under section 57 without disclosing the convictions.

The usual sequence is:

• Police checks requested from the sponsor. Under regulation 1.20KC(5), the request goes to the sponsor, not to the applicant. The sponsor may be asked for an Australian Federal Police check and for checks from any foreign country where the sponsor has lived for 12 months or more in total since the later of 10 years before the request and the sponsor's 16th birthday.
• Assessment of the checks. The delegate decides whether any conviction is for a relevant offence and whether there is a significant criminal record.
• Invitation to the sponsor. Where grounds exist under regulation 1.20KC(3), Department policy requires the delegate to invite the sponsor to comment on the adverse information.
• Reasonableness decision. The delegate considers the regulation 1.20KC(4) matters.
• Section 57 letter to the applicant. The applicant is told that the sponsorship has not been approved and is invited to comment, but the details of the convictions are not put to the applicant.
• Refusal. The visa is refused under section 65.

The sponsor's comment at step 3 is the first real opportunity to prevent a partner visa sponsor character refusal, and the sponsor's response becomes part of the file the Tribunal reads if a partner visa sponsor character refusal is later reviewed. Many sponsors respond briefly or not at all. The firm's guide to the sponsor risk assessment before lodgement explains how to prepare earlier, and the guide to the section 57 natural justice letter explains the applicant's letter.

What does "reasonable to approve" mean under regulation 1.20KC(4)?

Under regulation 1.20KC(4), the sponsorship may be approved despite a relevant offence and a significant criminal record if the decision maker considers it reasonable to do so, having regard to matters that include the time since the sentence was completed, the best interests of children and the length of the relationship.

In a partner visa sponsor character refusal, the three listed matters are not a checklist that must be "met". Department policy states that it would be an error of law for a delegate to say or imply that the sponsorship was refused because one of these matters was "not met" or "not satisfied". The delegate must consider each matter, show in the decision how it was considered, and then apply the reasonableness test. The list is also not exhaustive, so other relevant circumstances can be put forward.

Time since the sentence was completed

Department policy says discretion may weigh more in favour of a sponsor who completed a sentence many years ago and has not reoffended since. Policy also says decision makers should be cautious about approving a sponsorship solely on the basis of time where less than 5 years have passed since the sentence was completed. Where the sponsor is still serving a sentence, the time factor is treated as not relevant rather than as a reason to refuse.

Best interests of children

Under Department policy, the best interests of the sponsor's or the primary applicant's children, including biological, adopted and step-children, are a primary consideration. Policy says the best interests of a child may make approval reasonable despite other factors, especially where the child is a child of the relationship. They are not the only consideration. Risk of harm to the applicant or the applicant's family may outweigh them.

Length of the relationship

Policy warns against assuming that a long relationship is enough, or that a short relationship requires refusal. The decision maker should consider whether the couple were together when the offence was committed or the sentence served, whether the applicant knew about the criminal history before the Department disclosed it, and the applicant's own reasons for wanting the sponsorship approved.

The firm's guide to partner visa compelling reasons and Australian citizen children and its guide to compelling reasons and length of relationship discuss related evidence in other contexts.

Why does the refusal letter not explain the sponsor's convictions?

The refusal letter does not explain the sponsor's convictions because Department policy prohibits the details of the sponsor's convictions being put to the applicant in section 57 letters or in the refusal notice in a partner visa sponsor character refusal.

This is a privacy protection for the sponsor, but it creates a practical problem. The applicant, who is usually the person entitled to seek review of a Subclass 820 or Subclass 309 refusal, may not know why the visa was refused. The sponsor will usually hold the invitation to comment and knows the history. Before a review of a partner visa sponsor character refusal can be prepared, the couple need to talk about the convictions openly.

Where the sponsor consented to disclosure, the Department may already have disclosed the relevant offence convictions to the applicant. Department policy is that disclosure is meant to let the applicant make an informed decision about continuing with the application, not to pressure the applicant either way. Sponsors who have not told their partner should do so before the review starts, because the Tribunal will expect both of them to understand the issue. The firm's short answer on hiring a lawyer for a sponsor with a criminal record explains how the conversation is usually managed with advice.

What mistakes make a partner visa sponsor character refusal harder to overturn?

The mistakes that most often make a partner visa sponsor character refusal harder to overturn are minimising the offending, leaving the applicant uninformed, and relying on time alone.

• Minimising the offending. A sponsor who describes a serious conviction as a misunderstanding, contrary to the sentencing remarks, damages credibility. The Tribunal will read the court documents. Acceptance of responsibility, explained honestly, is usually more persuasive.
• Keeping the applicant in the dark. An applicant who first learns the details at the hearing cannot give convincing evidence about why the sponsorship should be approved. Under regulation 1.20KC(4)(c), the applicant's knowledge of the history and reasons for continuing are relevant.
• Relying only on the passage of time. Department policy warns against approving on time alone where less than 5 years have passed. A partner visa sponsor character refusal review should address all three listed matters and any other relevant circumstance.
• Generic references. A reference from someone who does not know about the convictions carries little weight. Referees should state that they know the history.
• Ignoring safety. If there is any current order, police involvement or concern about the applicant's safety, it must be disclosed and dealt with, not hidden. Risk of harm can outweigh other factors.
• Withdrawing consent to disclosure. A sponsor who expressly declines consent gives the decision maker grounds to refuse the visa, because the Schedule 2 consent criterion cannot be met.

The firm's guides to partner visa appeal tips and to undisclosed convictions explain how credibility problems arise and how they are addressed.

What review options exist after a partner visa sponsor character refusal?

The main review option after a partner visa sponsor character refusal is an application to the Administrative Review Tribunal, which must be lodged within 28 days after notification of the refusal, or 7 days if the applicant is in immigration detention.

The key rules are:

• Who applies. The visa applicant applies for review of a Subclass 820 refusal and must be in Australia when applying. The visa applicant applies for review of a Subclass 309 refusal under regulation 4.02(5)(raa), according to current Department instruction. The sponsor applies for review of a Subclass 300 refusal.
• Deadline. Section 347(3) of the Migration Act fixes the period, and it cannot be extended.
• Fee. The ART fee is AUD 3,727 for fees paid on or after 1 July 2026. A 50% reduction is available for financial hardship, and 50% is refunded if the decision is set aside, varied or remitted.
• Bridging visa. An onshore applicant's Bridging visa A continues during the review and ceases 35 days after the Tribunal's decision is notified, under clause 010.511.

Other options are narrower. Judicial review is available only for legal error, for example where the delegate or the Tribunal treated a regulation 1.20KC(4) matter as a criterion to be "met". A new application, perhaps after more time has passed since the sentence, is sometimes the better route, but onshore applicants may face section 48 and Schedule 3 issues. The firm's guides to the partner visa appeal deadline, partner visa ART fees and partner visa appeal versus reapplication explain these routes, and the short answer on who applies for review of an offshore refusal deals with Subclass 309 and Subclass 300 cases. The firm's partner visa refusal lawyers page explains its review work generally.

Can the Tribunal reverse a partner visa sponsor character refusal?

Yes. On review of a partner visa sponsor character refusal, the Tribunal may exercise all the powers of the original decision maker, including the power under regulation 1.20KC(4) to decide that it is reasonable to approve the sponsorship.

The Tribunal is not bound by the delegate's assessment. It looks at the relevant offence, the significant criminal record and the reasonableness question again, on the evidence before it at the time of its own decision. That matters in three ways:

• More time has passed. The time since the sentence was completed is measured to the Tribunal's decision, not the Department's.
• New evidence is admissible. Evidence of rehabilitation, character references, treatment records and evidence about children can be given to the Tribunal even if the Department never saw it.
• The applicant can be heard. The applicant's own reasons for wanting the sponsorship approved, given directly to the Tribunal Member, can carry significant weight.

If the Tribunal decides it is reasonable to approve the sponsorship, it will usually set aside the refusal and remit the application to the Department under section 349(2) and regulation 4.15(1), with a direction that the sponsorship criterion is taken to be satisfied. The Department then assesses the remaining criteria. The firm's guides to the partner visa ART review process and to ART evidence, and the short answer on whether a remitted case means the visa will be granted, explain the steps.

What evidence supports a partner visa sponsor character refusal review?

Evidence for a partner visa sponsor character refusal review should address each regulation 1.20KC(4) matter directly, explain the offending honestly, and show what has changed since the sentence.

Court and police records

• the court outcome sheet or certificate of conviction for each relevant offence;
• sentencing remarks, where available, which often describe the circumstances and the court's view of the risk;
• the police facts sheet;
• current Australian Federal Police and foreign police checks, with English translations; and
• records of any appeal, quashed conviction or pardon.

Rehabilitation and conduct since the sentence

• completion of the sentence, parole or community order;
• completion of behaviour change, anger management, drug or alcohol programs;
• treatment reports from a psychologist or counsellor;
• employment history and references;
• character references from people who know about the convictions; and
• the sponsor's own statement acknowledging the offending and explaining what has changed.

Children

• birth certificates and evidence of parentage or step-parent status;
• evidence of the sponsor's care, financial support and involvement in schooling and health decisions;
• any family law or protection orders affecting the children; and
• evidence of the effect on the children if the visa is refused, such as their schooling and community in Australia.

The relationship

• evidence of when the relationship began and whether the couple were together at the time of the offending;
• the applicant's own statement about when and how they learned of the convictions, and why they want the sponsorship approved; and
• current relationship evidence and Form 888 witness statements.

The sponsor and the applicant each give their own account in their own words. My Migration Lawyers presents that account in the form the law requires, and each of them reviews and corrects their statement before it is lodged. The firm's guides to ART evidence, partner visa appeal submissions and partner visa overseas police certificates explain how the material is assembled.

How are children's best interests argued in a partner visa sponsor character refusal review?

The best interests of children are argued in a partner visa sponsor character refusal review by showing the Tribunal, with documents, how the specific children depend on the sponsor and the applicant and what a refusal would mean for them in practice.

Department policy lists matters a decision maker may consider, including how long the child has lived with the sponsor, the level of care and support the sponsor provides, the sponsor's involvement in major decisions about the child, any court orders about the sponsor and the child, how far the child is integrated in the Australian community, and the effect on the child of refusal. Policy also notes that court orders denying the sponsor residence or contact with a child may indicate that approval is not in the child's best interests.

General statements that "the children need both parents" carry little weight on their own. School reports, medical records, statements from teachers or doctors and evidence of the sponsor's daily role are far more persuasive in a partner visa sponsor character refusal review. Where there is a child of the relationship, the Tribunal is likely to look closely at the child's relationship with both parents. The firm's guide to child dependency evidence explains how such evidence is collected.

Will the applicant be interviewed without the sponsor?

Yes, often. Department policy is that where a decision maker is inclined to approve a sponsorship under regulation 1.20KC(4), the applicant should be interviewed before approval, preferably in person and without the sponsor present.

The purpose of the interview is to make sure, as far as possible, that the applicant is not being forced, coerced or intimidated into continuing with the application, and to disclose the sponsor's relevant offence convictions to the applicant if the sponsor has consented. A telephone interview may be used where an in-person interview is not possible.

At the Tribunal, the Member may also wish to hear from the applicant separately. An applicant who can explain, calmly and in their own words, what they know about the sponsor's history and why they want to continue the relationship gives the Tribunal direct evidence on the regulation 1.20KC(4) matters. The firm's guide to the sponsor interview and its guide to preparing for an ART hearing explain what is asked. In a partner visa sponsor character refusal involving violence, the Tribunal will be alert to safety. Where the relationship involves family violence, the applicant should know that the family violence provisions in Division 1.5 may allow some applicants to continue without the sponsor, as explained on the firm's family violence partner visa lawyers page.

Published Tribunal decisions on sponsor character refusals

Published Tribunal decisions show that the reasonableness question under regulation 1.20KC(4) is genuinely open on review. Each case turns on its own facts, and these examples are described only by the issues recorded in each decision:

• In Ellis (Migration) [2024] AATA 3411, a Subclass 820 matter, the issues recorded were sponsorship approval, a sponsor convicted of a "relevant offence", a "significant criminal record" and whether it was reasonable to approve. The Tribunal remitted the matter to the Department.
• In 1822072 (Migration) [2021] AATA 5458, a Subclass 820 matter, the issues recorded were sponsorship obligations, a sponsor convicted of relevant offences, a significant criminal record and that the sponsor completed the sentence 17 years earlier. The Tribunal remitted the matter.
• In 1935583 (Migration) [2023] AATA 858, a Subclass 309 matter, the issues recorded were that the sponsor had been convicted of relevant offences, a significant criminal record, that 10 years had lapsed since the commission of the offences, and sponsorship approval. The Tribunal remitted the matter.
• In Bilston (Migration) [2021] AATA 845, a Subclass 820 matter, the issues recorded were the sponsor's significant criminal record, the waiver provisions, the sponsor's good relationship with the applicant's children and shared financial resources and commitments. The Tribunal remitted the matter.
• In 2016597 (Migration) [2021] AATA 4090, a Subclass 309 matter, the issues recorded were that the sponsor's convictions were disclosed, relevant offences, a substantial criminal record and the length of the relationship. The Tribunal remitted the matter.

These decisions reflect the three regulation 1.20KC(4) matters: time since the offending, children and the relationship. They are not predictions about any other partner visa sponsor character refusal, and the outcome of each partner visa sponsor character refusal review depends on the evidence actually given. The firm's guide to partner visa ART appeal chances explains what tends to decide a review.

How long does a partner visa sponsor character refusal review take?

A partner visa sponsor character refusal review usually takes many months at the Tribunal, and further time is needed at the Department if the matter is remitted.

The Tribunal publishes information about its own processing on its website, and those figures change. Character-based sponsorship reviews often need a hearing, because the Tribunal will want to hear from the sponsor about the offending and from the applicant about the relationship. Time spent waiting is not wasted: every month without reoffending adds to the time since the sentence was completed, which is measured to the Tribunal's decision. During the review, the sponsor should keep up any treatment or programs, avoid any further contact with police, and keep records that can be given to the Tribunal before the hearing.

An onshore applicant's Bridging visa A continues during the review. The firm's short answers on how long a Tribunal review of a partner visa refusal takes and on what happens at a Tribunal hearing for a partner visa, and its guide to bridging visas after a partner visa refusal, explain the process and the applicant's status while a partner visa sponsor character refusal is under review.

What if a conviction is quashed, pardoned or still before the court?

A conviction that has been quashed or otherwise nullified, or for which the sponsor has been pardoned with the effect that the sponsor is taken never to have been convicted, is disregarded, and an unresolved charge cannot itself ground a partner visa sponsor character refusal.

Where a criminal appeal is pending, the outcome may change the whole assessment. The Tribunal should be told about the appeal and given the court documents. If a conviction is quashed before the Tribunal decides, the significant criminal record may fall away. Where a new charge for a relevant offence is pending, Department policy allows the decision maker to seek information about it and, in some cases, to defer a decision for a short time. A pending charge may also be relevant to whether the relationship is genuine and to the safety of the applicant. The firm's short answers on disclosing charges that did not lead to a conviction and on a pending criminal charge explain the related applicant-side rules.

How My Migration Lawyers helps with a partner visa sponsor character refusal

My Migration Lawyers deals with complex partner visa cases, acts in many matters where a sponsor's criminal history has led to the sponsorship not being approved, and is capable of handling a partner visa sponsor character refusal from the first reading of the refusal through to the Tribunal hearing. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

On a partner visa sponsor character refusal, the firm:

• obtains the sponsor's court outcome sheets, sentencing remarks and police checks and confirms whether each conviction is a relevant offence under regulation 1.20KC(2);
• recalculates the sentence against regulation 1.20KD, including suspended, concurrent and periodic detention sentences, to test whether a significant criminal record really exists;
• checks the decision record for legal error, including any treatment of a regulation 1.20KC(4) matter as a criterion that was "not met";
• identifies the correct review applicant for the subclass, calculates the deadline and lodges the review with the fee or a hardship reduction request;
• advises the sponsor on consent to disclose and on discussing the history with the applicant before the hearing;
• prepares the reasonableness submission under regulation 1.20KC(4), addressing time since the sentence, the best interests of each child and the history of the relationship;
• presents the sponsor's and the applicant's own accounts, which each of them reviews and corrects, together with rehabilitation evidence, references and Form 888 statements;
• prepares the applicant to speak to the Tribunal separately from the sponsor if asked; and
• advises after the decision on remittal, judicial review or a new application.

The firm acts for sponsors and applicants across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Gold Coast and Hobart. Sponsors facing a close deadline can use the firm's urgent ART visa refusal applications page, and the wider visa refusals and judicial review pages explain related work. The short answer on getting a lawyer after a sponsorship refusal and the guide to a lawyer for a partner visa with a criminal record explain representation.

A partner visa sponsor character refusal must be taken to the Tribunal within a deadline that cannot be extended. Book a consultation with My Migration Lawyers as soon as the refusal arrives, or call 1300 040 300.