Partner Visa Sponsorship Refusal: ART Review

A partner visa sponsorship refusal review is the application to the Administrative Review Tribunal that follows when the Department of Home Affairs refuses a partner visa because it did not approve the Australian partner's sponsorship. A partner visa sponsorship refusal review gives the couple one full opportunity to have the sponsorship and the visa decided again by an independent Tribunal Member, but only if the application is made on time, by the correct person, with the correct fee.

Most sponsors learn that the sponsorship was not approved only when the visa refusal arrives. The refusal letter usually explains the review right in a few lines, and the deadline is already running. This guide sets out the procedure for a partner visa sponsorship refusal review from the day the refusal is received: who applies for each subclass, how the deadline and fee work, what happens to the applicant's bridging visa, what the Tribunal can do, how to prepare the evidence, and what happens after the Tribunal decides.

The firm's partner visa refusal lawyers page explains how refusals are handled generally, and the complete guide to partner visas in Australia sets out every subclass and stage. This article deals only with the review procedure when the sponsorship is the reason for the refusal.

What is a partner visa sponsorship refusal review?

A partner visa sponsorship refusal review is merits review by the Administrative Review Tribunal of a decision to refuse a Subclass 820, Subclass 309 or Subclass 300 visa where the reason for refusal is that the sponsorship was not approved.

Merits review means the Tribunal does not simply check whether the Department made a mistake. It stands in the shoes of the original decision maker and decides the application again on the law and the evidence before it at the time of its own decision. Under section 54 of the Administrative Review Tribunal Act 2024, the Tribunal may exercise all the powers and discretions conferred on the original decision maker. In a partner visa sponsorship refusal review, that includes the power to decide whether the sponsorship should be approved.

The firm's guide to how the ART review process works for partner visas explains the general steps, and the overview of what to expect after a visa is refused and an ART review begins covers the experience from the applicant's side. A partner visa sponsorship refusal review follows the same Tribunal procedure as any other partner visa review. What makes it different is the subject matter: the evidence that matters most usually comes from the sponsor, not the applicant.

Is a sponsorship refusal a separate decision that can be appealed?

No. Approval of the sponsorship is part of the decision under section 65 of the Migration Act 1958 to grant or refuse the visa, and it is not a separate decision with its own review right.

Department policy on regulation 1.20KC states this directly: in the context of partner visas, the approval of a sponsor is a component of the decision under section 65, and the decision to approve or not approve the sponsorship does not constitute a separate decision. For that reason, the Department does not send the sponsor a separate notice saying that the sponsorship has been refused. The sponsorship decision is absorbed into the visa criteria in Schedule 2 of the Migration Regulations 1994:

• for the Subclass 820 partner visa, clause 820.221 requires the sponsorship to be approved at the time of decision;
• for the Subclass 309 partner visa, clause 309.222 requires the same; and
• for the Subclass 300 prospective marriage visa, clause 300.222 requires the same.

This is the point many couples get wrong. They look for a way to appeal the sponsorship, find none, and lose time. The correct course is a partner visa sponsorship refusal review of the visa refusal itself. The review of the visa brings the sponsorship question before the Tribunal automatically, because the Tribunal cannot decide whether the visa criteria are met without deciding whether the sponsorship should be approved.

The sponsorship is assessed at the temporary or prospective marriage stage. The partner visa two-stage process explains why there is no separate sponsorship approval for the permanent Subclass 801 or Subclass 100 stage, and the guide on when the sponsorship is decided explains the timing in more detail.

Why does the Department refuse to approve a partner visa sponsorship?

The Department refuses to approve a partner visa sponsorship where a limitation in Division 1.4B of the Migration Regulations 1994 applies, where the sponsor does not provide requested police checks, or where the sponsor does not meet the basic eligibility requirements to sponsor.

The common grounds that lead to a partner visa sponsorship refusal review are:

• Sponsorship limitation under regulation 1.20J. The sponsor has already had two approved partner sponsorships, or sponsored a partner or was sponsored as a partner within the previous five years, and the Department did not find compelling circumstances. The firm's guide on when a sponsor cannot sponsor a partner visa explains these rules.
• Contributory parent limitation under regulation 1.20KA. The sponsor holds a permanent Contributory Parent category visa and is within the five-year limitation period.
• Child protection bar under regulation 1.20KB. The application includes an applicant under 18 and the sponsor has a conviction or unresolved charge for a registrable offence.
• Relevant offence and significant criminal record under regulation 1.20KC. The sponsor has been convicted of a relevant offence under regulation 1.20KC and has a significant criminal record under regulation 1.20KD, and the Department did not consider it reasonable to approve the sponsorship.
• 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. The guide to a sponsor police check not provided explains how this happens.

A separate but related ground is the sponsor's refusal to consent to the Department disclosing convictions for relevant offences. Department policy treats that as a failure of the Schedule 2 consent criterion rather than a refusal to approve the sponsorship, but the practical result is the same: the visa is refused and the review route is the same.

Each ground calls for different evidence on review, which is covered later in this guide. The legal tests themselves are explained in the firm's separate guides, including the guide to a sponsor with a criminal record and the short answer on what happens if a partner's sponsorship is refused.

Did the Department have to warn the couple before refusing?

Yes, in most sponsorship cases. Before refusing the visa on the basis that the sponsorship was not approved, the Department must generally give the applicant a section 57 invitation to comment, and where grounds exist under regulation 1.20KC(3) Department policy requires the sponsor to be invited to comment as well.

Department policy on regulation 1.20KC says that the information that the sponsorship has not been approved is relevant information that must be put to the applicant for comment under section 57 of the Migration Act. The visa cannot be refused until the comments are given, the applicant says they do not wish to comment, or the time to comment ends. The reasons for the sponsorship not being approved, where they involve the sponsor's convictions, are not to be put to the applicant.

This matters for a partner visa sponsorship refusal review in two ways. First, the comments already given, or the failure to give them, are part of the Department's file and the Tribunal will read them. Second, if the couple never received an invitation to comment, that should be raised with the Tribunal. Because the Tribunal decides the matter afresh, the opportunity to put the full case on review usually matters more than the earlier procedural defect. The firm's guide to the section 57 natural justice letter and the short answer on whether a section 57 letter means the visa will be refused explain the process.

Who applies for a partner visa sponsorship refusal review?

The person who applies for a partner visa sponsorship refusal review depends on the visa subclass that was refused, and lodging in the wrong name can be fatal to the review.

The position is:

• Subclass 820 refusal. The visa applicant applies. The refusal is reviewable under section 338(2) of the Migration Act, and section 347A(2) requires the applicant to be physically present in Australia when the review application is made.
• Subclass 309 refusal. The visa applicant applies under regulation 4.02(5)(raa), according to current Department instruction. Older guidance said the sponsor applied, so the refusal letter should be read carefully and followed exactly.
• Subclass 300 refusal. The sponsor applies. The sponsor can be anywhere when making the application.
• Subclass 100 refusal made while the applicant is outside Australia. There is no merits review.

The firm's article on who can lodge a partner visa appeal and the short answer on who applies for review of an offshore refusal go through these rules in more detail.

In practice, the sponsor and the applicant should both sign up to the strategy for a partner visa sponsorship refusal review, whichever of them is the named review applicant. The sponsor's evidence carries most of the weight, and the sponsor will usually be asked to give evidence at the hearing. Where the sponsor is overseas or the applicant is overseas, the couple should agree in writing who will receive Tribunal correspondence so that no letter is missed.

What is the deadline for a partner visa sponsorship refusal review?

The application for a partner visa sponsorship refusal review must be made within 28 days after the applicant is notified of the refusal, or within 7 days if the applicant is in immigration detention, under section 347(3) of the Migration Act.

Three features of this deadline cause most of the problems:

• It cannot be extended. The Tribunal has no power to accept a late application for review of a partner visa refusal. A review application made one day late is invalid.
• It runs from notification, not from the date on the letter. The date of notification depends on how the decision was sent. Notices sent electronically are generally treated as received on the day they are sent. The short answer on how to work out the review deadline explains the calculation.
• It runs even if the letter went to someone else. Where the applicant appointed an authorised recipient or a representative, notice to that person can start the clock. The answer on when the review deadline starts if the refusal went to an agent covers this.

The fee must also be paid within the same period. A partner visa sponsorship refusal review lodged in time but without the fee, or without a successful fee reduction request, is not properly made. The firm's guide to the partner visa appeal deadline and the urgent page for ART visa refusal applications explain what to do when the deadline is close.

A practical rule follows: lodge first, then build the evidence. The review application itself is short. It does not need to contain the full case. The short answer on lodging a review before all the evidence is ready confirms that the evidence can follow once the review is on foot.

How much does a partner visa sponsorship refusal review cost at the ART?

The Administrative Review Tribunal application fee for a migration review, including a partner visa sponsorship refusal review, is AUD 3,727 for fees paid on or after 1 July 2026.

The fee rules that matter are:

• Financial hardship reduction. The fee can be reduced by 50% if paying the full amount would cause severe financial hardship. The request is made with the review application and is supported by evidence of income, expenses and assets.
• Partial refund. If the Tribunal sets the decision aside, varies it or remits it to the Department, 50% of the fee is refunded.
• Same deadline. The fee, or the reduction request, must be dealt with within the review period.

The firm's guide to partner visa ART fees and the short answer on Tribunal review cost and fee reduction explain these rules. For a broader view of costs, the guide to partner visa appeal cost sets out what a review involves. If the review succeeds and the matter is remitted, the visa application charge already paid is not charged again, because the Department reconsiders the same application.

What happens to the bridging visa during a partner visa sponsorship refusal review?

An onshore Subclass 820 applicant who holds a Bridging visa A linked to the partner visa application keeps that bridging visa during a partner visa sponsorship refusal review, and it ceases 35 days after the Tribunal's decision is notified, under clause 010.511 of the Migration Regulations.

If no review is sought, the Bridging visa A ceases 35 days after notification of the refusal. That is why the 28-day review period and the 35-day bridging visa period should never be confused. Missing the review deadline does not just end the review right. It also starts the countdown to the applicant becoming unlawful.

Points to manage during the review:

• Work rights usually continue on the same conditions as before. The guide on working after a partner visa refusal explains the position.
• Travel is risky. A Bridging visa A does not allow re-entry. An applicant who leaves without a valid Bridging visa B may be unable to return for the hearing. The answer on travelling overseas while a refusal is under review and the guide to travel after a partner visa refusal explain the risks.
• Applicants on a Bridging visa E or another bridging visa should check the conditions of that visa separately. The guide to a partner visa on a Bridging visa E sets out the issues.

The firm's guides to bridging visas after a partner visa refusal and to what happens to a bridging visa if the partner visa is refused cover the rules in full. Offshore Subclass 309 and Subclass 300 applicants do not have a bridging visa issue, because they are outside Australia, but they should not travel to Australia on another visa with the expectation of staying.

How is a partner visa sponsorship refusal review lodged?

A partner visa sponsorship refusal review is lodged online with the Administrative Review Tribunal by the correct review applicant, with a copy of the refusal decision, within the review period, and with the fee or a fee reduction request.

The steps are:

• Read the refusal letter and the decision record. Identify the subclass, the date of notification, the person named as entitled to apply and the criterion found not to be met. Where the ground is regulation 1.20KC, Department policy is that the sponsor's convictions are not set out in the letter to the applicant, so the sponsor may need to explain the ground to the applicant. The guide to the partner visa refusal letter explains how to read it.
• Confirm who applies. Use the rules above for each subclass.
• Lodge the application. Give contact details for the review applicant and, where relevant, the representative.
• Pay the fee or request a reduction.
• Request the Department's file. The Tribunal receives the Department's documents. Reviewing them shows exactly what the delegate relied on, including any sponsor comments that were or were not received.
• Plan the evidence. Start with the specific ground of refusal and work back to the evidence that answers it.

Where the sponsor and the applicant have different representatives, both should be told immediately. The article on who can lodge a partner visa appeal and the guide on how to appeal a partner visa refusal set out the lodgement process for every partner visa refusal, and the short answer on what information is needed to assess review prospects explains what a lawyer will ask for.

What should the sponsor do in the first week after the refusal?

In the first week after the refusal, the sponsor should help secure the review deadline, collect every Department letter the sponsor received, and identify which sponsorship ground the Department relied on.

The first week of a partner visa sponsorship refusal review is mostly about preventing avoidable damage. A practical order of work is:

• Find every letter. The sponsor may hold an invitation to comment, a request for police checks or a request for consent to disclose that the applicant never saw. Department policy is that police check requests go to the sponsor directly, not to the applicant or the applicant's representative, unless the sponsor appointed someone.
• Check the sponsor's ImmiAccount and email folders, including junk mail, for correspondence about the sponsorship form.
• Write down the history. Dates of previous relationships, previous sponsorships, the sponsor's own partner visa application if any, court dates and sentences. Accurate dates often decide a limitation case.
• Request any missing records now. Australian Federal Police checks, foreign police checks, court outcome sheets and sentencing remarks can take weeks to arrive.
• Do not contact the Department to argue the decision. Once the visa is refused, the Department has made its decision. The place to argue it is the Tribunal.

The firm's guides to what to do after a partner visa refusal and to partner visa sponsor documents help with this early stage. Where the sponsor and applicant are under strain after the refusal, both should understand that a partner visa sponsorship refusal review needs their joint cooperation to work.

What can the Tribunal decide in a partner visa sponsorship refusal review?

In a partner visa sponsorship refusal review, the Tribunal can affirm the refusal, vary it, set it aside and substitute a new decision, or set it aside and remit the matter to the Department for reconsideration with a direction.

For partner visa refusals, remittal is the usual favourable outcome. Under section 349(2) of the Migration Act and regulation 4.15(1) of the Migration Regulations, the Tribunal may remit a visa application with a direction that the applicant is taken to have satisfied a specified criterion for the visa. In a partner visa sponsorship refusal review, that direction typically concerns the sponsorship criterion in clause 820.221, 309.222 or 300.222. The Department then reconsiders the rest of the application, including health, character and any other criteria not yet decided.

Three procedural features shape the outcome:

• Fresh consideration. The Tribunal is not limited to the material the Department had. It can consider new documents and the evidence of the sponsor and the applicant at the hearing. The short answer on giving the Tribunal new evidence confirms this.
• The time of the Tribunal's decision. Sponsorship approval is a time of decision criterion. Where a limitation is measured in years, the Tribunal applies it at the date of its own decision, which can change the result if time has passed.
• Marriage during a Subclass 300 review. Under regulation 4.15(4), if a Subclass 300 applicant marries the nominated fiancé after the Department's decision and before the review is finally determined, and notifies the Tribunal, the Tribunal may remit on the basis that the application is also taken to be an application for the Subclass 309 and Subclass 100 visas. The answer on a fiancé visa refused where the couple has since married explains this.

The short answer on whether a remitted case means the visa will be granted explains what happens next. A remittal is not a grant. It returns the matter to the Department with part of the case already decided.

How should evidence be prepared for a partner visa sponsorship refusal review?

Evidence for a partner visa sponsorship refusal review must answer the exact ground on which the sponsorship was not approved, and it should be organised around the legal test the Tribunal must apply to that ground.

The firm's guide to ART evidence for partner visas and the short answer on organising evidence to address every refusal reason explain the general approach. For sponsorship refusals, the evidence usually falls into these groups.

Police checks not provided

Where the sponsorship was refused under regulation 1.20KC(6), the review should include the current Australian Federal Police check and any requested foreign police checks, with English translations. Department policy treats 28 days as a reasonable time to provide checks, or at least evidence they have been requested, so the sponsor should also explain in a Form 888 statement or written submission why the checks were not provided earlier. The guides to sponsor police check requirements and to overseas police certificates explain what is needed.

Sponsorship limitation and compelling circumstances

Where the ground is regulation 1.20J, the evidence should first confirm the exact dates of the previous sponsorships and visa applications. Dates matter because the five-year period is measured to the date of the decision on the current sponsorship. If the limitation still applies, the evidence turns to compelling circumstances affecting the sponsor, such as a dependent child of the relationship or a longstanding relationship. The short answer on challenging a refusal involving sponsorship limitations and the guide to compelling reasons at the ART explain the approach.

Relevant offence and significant criminal record

Where the ground is regulation 1.20KC(3), the Tribunal can decide for itself whether it is reasonable to approve the sponsorship under regulation 1.20KC(4). It must have regard to the time since the sentence was completed, the best interests of any children of the sponsor or the primary applicant, and the length of the relationship. Court records, sentencing remarks, evidence of rehabilitation and evidence about the children are central. The firm's guides to a sponsor with a domestic violence conviction and a sponsor with an assault conviction explain how specific offences are assessed.

Consent to disclose

Where the visa was refused because the sponsor did not consent to the disclosure of relevant convictions, the sponsor can give that consent and the Tribunal can consider the criterion afresh.

The relationship itself

Even where the refusal was only about sponsorship, the Tribunal may consider every criterion, including whether the relationship is genuine and continuing. Current relationship evidence and Form 888 witness statements should be updated. The sponsor and the applicant each prepare their own account, review it and correct it before it is lodged.

What happens at the hearing in a partner visa sponsorship refusal review?

At the hearing in a partner visa sponsorship refusal review, the Tribunal Member usually takes evidence from the review applicant and the sponsor, asks about the ground of refusal and the relationship, and may ask questions about any new documents.

Hearings are commonly held by video or in person. The sponsor should be ready to explain the previous sponsorships, the criminal history or the police check delay in plain terms, consistent with what was said to the Department. Interpreters can be arranged through the Tribunal. Where the issue is regulation 1.20KC, the sponsor should expect to be asked about the offending, the sentence, what has changed since and the effect of refusal on any children.

The firm's guide to preparing for a partner visa ART hearing and the short answer on what happens at a Tribunal hearing for a partner visa explain the hearing in detail. The answer on whether a lawyer can represent the couple at a Tribunal hearing explains the role of representation.

How long does a partner visa sponsorship refusal review take?

A partner visa sponsorship refusal review usually takes many months, and the time depends on the Tribunal's caseload, the complexity of the sponsorship issue and whether a hearing is needed.

The Tribunal publishes information about its own processing on its website, and those figures change. Where the issue is purely a matter of time, such as a five-year limitation that has since expired, the Tribunal may decide the matter on the papers without a hearing if the evidence allows it to make a favourable decision. If the matter is remitted, the Department then needs further time to finalise the application. The short answer on how long a Tribunal review of a partner visa refusal takes explains the stages.

During a partner visa sponsorship refusal review, the couple should keep their contact details current with the Tribunal, respond to every Tribunal letter within the time stated and tell the Tribunal about any change in the relationship. The short answer on whether a review can continue if the sponsor and applicant separate and the answer on raising family violence during a review deal with changes in circumstances.

Published Tribunal decisions on sponsorship refusals

Published Tribunal decisions show that the Tribunal can send a sponsorship refusal back to the Department where the evidence on review answers the ground of refusal. Each case turns on its own facts, and these examples are described only by the issues recorded in each decision:

• In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, a Subclass 820 matter, the issues recorded were the genuine and continuing relationship, insufficient information concerning the sponsor, the sponsorship declaration and the National Police Check. The Tribunal remitted the matter to the Department.
• In Gwatidzo (Migration) [2023] AATA 3138, a Subclass 820 matter, the issues recorded were criminal history and an Australian Federal Police National Police Check provided upon review. The Tribunal remitted the matter.
• In Venables (Migration) [2021] AATA 1569, a Subclass 300 matter, the issues recorded were limitations on approval of sponsorship and that the parties had validly married since the review application, with the Tribunal notified of the marriage. The Tribunal remitted the matter.
• In Dang (Migration) [2024] AATA 137, a Subclass 820 matter, the issues recorded were a sponsorship limit, an application made within five years of a previous sponsorship, the five years having since passed, and that a decision was made without a hearing being necessary. The Tribunal remitted the matter.

These decisions illustrate the procedural points made above: documents can be provided on review, the Tribunal decides on the facts at the time of its own decision, and a Subclass 300 couple who marry during review can be dealt with under regulation 4.15(4). They are not predictions about any other partner visa sponsorship refusal review. The firm's guide to ART appeal chances explains what tends to decide a review.

Common mistakes in a partner visa sponsorship refusal review

The most damaging mistakes in a partner visa sponsorship refusal review are procedural, and most of them cannot be fixed once they are made.

• Lodging in the wrong name. A Subclass 300 review lodged by the applicant, or a Subclass 820 review lodged by the sponsor, risks being invalid. The refusal letter states who may apply.
• Lodging a Subclass 820 review from overseas. The applicant must be physically present in Australia when the review application is made.
• Treating the deadline as 28 days from the letter's date. The period runs from notification, which may be earlier than the sponsor expects.
• Arguing the wrong issue. Lengthy relationship evidence does not answer a limitation or police check refusal. The submission should address the criterion the Department found was not met and then the other criteria.
• Inconsistent accounts. The sponsor's evidence at the hearing should match the sponsorship form, earlier comments to the Department and court records. Differences should be explained, not ignored.
• Silence about change. If a child is born, a limitation period expires or the couple marries during the review, the Tribunal should be told with evidence.
• Withdrawing in anger. A sponsor who withdraws support during a partner visa sponsorship refusal review can end the applicant's prospects. Where the relationship has broken down because of family violence, the applicant should obtain advice about Division 1.5 of the Migration Regulations, explained on the firm's family violence partner visa lawyers page.

The guides to partner visa appeal tips and to partner visa appeal submissions explain how a review case is put together.

What if the Tribunal affirms the refusal?

If the Tribunal affirms the refusal, the options are judicial review for legal error, a new partner visa application where the law allows it, or in some cases a request for ministerial intervention, and each option has strict limits.

Judicial review is not a rehearing. The court asks only whether the Tribunal made a legal error. The firm's judicial review page, the guide to partner visa judicial review and the short answer on the difference between Tribunal review and judicial review explain the process. The answer on options when the Tribunal upholds a refusal lists the alternatives.

A fresh application may be the better course where the ground of refusal has changed, for example where a limitation period has ended or where police checks are now available. Onshore applicants may be affected by section 48 and by the Schedule 3 criteria, explained on the firm's Schedule 3 waivers page. The guides on appeal versus reapplication and reapplying after a refusal, and the short answer on whether to seek review or lodge a new application, compare the two routes. Lodging a partner visa sponsorship refusal review keeps the existing application alive while the alternatives are assessed.

How My Migration Lawyers helps with a partner visa sponsorship refusal review

My Migration Lawyers deals with complex partner visa refusals, acts in many matters where the visa was refused because the sponsorship was not approved, and is capable of running a partner visa sponsorship refusal review from the day the refusal arrives through to the Tribunal's decision and any remittal. 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 sponsorship refusal review, the firm:

• reads the refusal letter and decision record to identify the subclass, the notification date, the correct review applicant and the exact sponsorship ground;
• calculates the review deadline and lodges the review application with the fee or a financial hardship reduction request inside the review period;
• confirms the bridging visa position for an onshore applicant and advises on work and travel while the review is on foot;
• obtains and reviews the Department's file so the review case responds to what the delegate actually relied on;
• checks the dates of any previous sponsorships and visa applications against the five-year rule as it will apply at the Tribunal's decision date;
• obtains outstanding police checks and translations where the refusal was under regulation 1.20KC(6);
• prepares written submissions on compelling circumstances or on reasonableness under regulation 1.20KC(4), presenting the sponsor's and the applicant's own accounts, which each of them reviews and corrects, together with Form 888 statements and supporting documents;
• prepares the sponsor and the applicant for the hearing and appears with them; and
• advises on next steps after the decision, including 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, Canberra and Parramatta. The firm's wider visa refusals page and its page on partner visa sponsorship limitations explain related work. Sponsors who want to understand representation can read the short answers on getting a lawyer after a sponsorship refusal and on whether a lawyer can run a partner visa appeal at the ART.

A partner visa sponsorship refusal review has a fixed deadline that cannot be extended. Book a consultation with My Migration Lawyers as soon as the refusal arrives, or call 1300 040 300.