Who Can Lodge a Partner Visa Appeal?

Who can lodge partner visa appeal applications is the first legal question after any partner visa refusal, and it has a precise answer. The law does not let anyone who is affected by the decision apply for review. It names one person. If you are asking who can lodge partner visa appeal papers in your own case, the answer depends on which visa was refused, where the applicant was when the decision was made, and where the applicant is on the day of lodgement.

Getting this wrong is not a small mistake. A review application made by the wrong person, or made while the right person is in the wrong place, is not a valid application. The Administrative Review Tribunal (ART) then has no power to review the refusal at all. Because the time limit is short and cannot be extended, there is rarely a second chance to fix it.

This guide explains who can lodge partner visa appeal applications for each partner visa subclass. It covers onshore refusals of the Subclass 820 visa and Subclass 801, offshore refusals of the Subclass 309 visa, refusals of the Subclass 300 Prospective Marriage visa, and the Subclass 100 permanent stage. It also covers children and other family members, representatives, detention, and the 28-day deadline. For the wider picture of what a refusal means, see our guide to partner visa refusal appeal options.

Who can lodge partner visa appeal applications at the ART?

Who can lodge partner visa appeal applications at the ART is set by the Migration Act 1958 and the Migration Regulations 1994, mainly sections 338 and 347A of the Act and regulation 4.02 of the Regulations. In short, the person who may apply is the person the law gives the right to apply for that kind of decision. For partner visas, that person is as follows:

• Subclass 820 and Subclass 801 refused in Australia. The visa applicant applies. The applicant must be physically in Australia when the review application is made.
• Subclass 309 refused. The visa applicant applies under regulation 4.02(4)(saa) and 4.02(5)(raa). The Australian partner usually gives instructions, supports the review and gives evidence.
• Subclass 300 refused. The Australian sponsor applies under regulation 4.02(4)(s) and 4.02(5)(r).
• Subclass 100 refused while the visa holder is outside Australia. There is no right to ART review (section 338(7A) and section 347A(3)).
• Subclass 100 refused while the visa holder is in Australia. The visa holder applies and must be in Australia when the application is made.
• Family members refused together. All of them can be included in one combined review application, with one fee.

This list is the core of the answer to who can lodge partner visa appeal applications. The rest of this guide explains each rule, the traps around it, and what a refused couple should do in the first days after the decision. Our page on partner visa refusals and ART appeals explains how My Migration Lawyers runs these reviews.

Why the refusal letter matters

The Department's refusal letter must say whether the decision can be reviewed, who may apply, and the time limit. Read that part of the letter first. It is the clearest guide in your own case to who can lodge partner visa appeal paperwork, because it is written for the decision that was actually made. If the letter says there is no review right, or names a different person from the one you expected, obtain advice immediately. A lawyer can check whether the letter is correct against the law, because the law, not the letter, decides the question.

A short checklist before anyone lodges

Before any review form is completed, four facts should be confirmed in writing. They decide who can lodge partner visa appeal applications in a particular case, and whether that person can still do so:

• Which visa was refused. Confirm the exact subclass, and whether the decision was for the temporary or the permanent stage.
• Where the applicant applied. Confirm whether the application was made in Australia or outside Australia.
• Where the applicant is now. Confirm whether the applicant is physically in Australia today, and will remain in Australia until the review is lodged.
• When the decision was notified. Confirm the date and method of notification, so the deadline can be calculated.

With these four facts, a lawyer can say who can lodge partner visa appeal applications for that refusal, and by what date. Without them, any answer is a guess.

What does "standing" mean in a partner visa appeal?

Standing means the legal right to make the application. In a partner visa appeal, standing belongs only to the person named in the Migration Act or the Regulations for that type of decision. Other people may be deeply affected by the refusal, and they may have a lot to say at the hearing, but they cannot make the application themselves.

The word "appeal" is used loosely. Technically, a partner visa refusal is reviewed by the ART on the merits. The Tribunal looks at the case again, considers the evidence available at the time of review, and makes its own decision. It "stands in the shoes" of the original decision maker. Our article on what to expect in an ART review after a visa refusal explains this process. Whether you call it an appeal or a review, the question of who can lodge partner visa appeal applications is the same.

Standing has three parts, and each must be satisfied:

• The decision must be reviewable. Not every refusal can be reviewed. Section 338 lists the kinds of decisions that are reviewable migration decisions.
• The right person must apply. Section 347A and regulation 4.02(5) say who may apply for each reviewable decision.
• Any location requirement must be met. For onshore refusals, the applicant must be physically in Australia (the migration zone) when the review application is made.

If any part is missing, the Tribunal cannot proceed. That is why the first step in every refused matter is to confirm who can lodge partner visa appeal applications for that decision, before any work is done on the evidence.

Who is affected compared with who can apply

A partner visa refusal affects at least two people. The applicant loses the visa. The sponsor loses the chance to live with their partner in Australia. Children may be affected too. The law nonetheless chooses one person to apply. This is a common source of confusion. Many Australian sponsors assume they can lodge the review because they sponsored the application, paid for it, or are the citizen. For onshore refusals, they cannot. For a Subclass 300 refusal, they must. Knowing who can lodge partner visa appeal applications removes that confusion before it costs the couple their review.

Who can lodge partner visa appeal applications after an onshore refusal?

The visa applicant is the person who can lodge partner visa appeal applications after an onshore refusal. A refusal of a Subclass 820 visa, or of the permanent Subclass 801 visa, is reviewable under section 338(2) of the Migration Act, because the visa was applied for in Australia and can be granted in Australia. Section 347A(2) then says the review application can only be made by the non-citizen who is the subject of the decision, while that person is physically present in the migration zone.

Two consequences follow:

• The sponsor cannot apply. The Australian citizen, permanent resident or eligible New Zealand citizen sponsor has no standing to lodge the review for an onshore refusal. The sponsor is still central to the case. The sponsor gives evidence, provides documents and usually attends the hearing.
• The applicant must be in Australia. The applicant must be physically in Australia on the day the review application is made. Being in Australia when the visa was refused is not enough.

This applies whatever the reason for refusal. A refusal on the genuineness of the relationship, on the Schedule 3 criteria, on a sponsorship limitation, on character, or on public interest criterion 4020 is reviewed in the same way, and the same person applies. Our article on why Subclass 820 partner visas are refused sets out the common grounds.

The Subclass 820 and Subclass 801 stages

The onshore partner visa is a two-stage visa. The applicant applies for both the temporary Subclass 820 and the permanent Subclass 801 in one application. Our guide to the difference between Subclass 820 and Subclass 801 explains the stages. If the Subclass 820 is refused, both stages fall together. If the Subclass 820 was granted but the Subclass 801 is later refused, the Subclass 801 refusal is also reviewable under section 338(2). In each case, who can lodge partner visa appeal applications is the same: the visa applicant, physically in Australia.

When the relationship has ended or the sponsor withdraws

The visa applicant keeps the right to apply for review even if the sponsor has withdrawn support or the relationship has ended. The sponsor's withdrawal does not transfer standing to the sponsor, and it does not take standing away from the applicant. Whether the review has any prospect is a separate question. Where family violence is involved, special provisions in Division 1.5 of the Regulations may allow the applicant to continue. See the firm's family violence partner visa lawyers page and our article on what happens to a Subclass 820 application if the relationship breaks down.

What if the applicant leaves Australia before lodging?

If the applicant leaves Australia before the review application is made, the right to review an onshore refusal is lost. Section 347A(2) requires physical presence in the migration zone at the time of application. An applicant who travels overseas, even briefly, and lodges from abroad has not made a valid application. Returning to Australia later does not repair it.

Leaving after the refusal can also have other serious consequences. A Bridging visa A does not allow the holder to return to Australia after travel. If the applicant leaves while holding only a Bridging visa A, that bridging visa ceases and the applicant may not be able to come back. Our guide to bridging visas in Australia explains the differences between the bridging visa types.

The safe rule is simple. Anyone asking who can lodge partner visa appeal applications after an onshore refusal should not leave Australia until the review application has been properly made and they have advice on travel.

What if the applicant leaves after lodging?

The presence requirement applies at the time the review application is made. Leaving Australia after lodging is still risky. The bridging visa may cease, re-entry may not be possible, and some partner visa criteria require the applicant to be in Australia when the visa is granted. Advice should be obtained before any travel while a review is on foot.

What if the applicant is in immigration detention?

An applicant in immigration detention still has standing, but the time limit is much shorter. Under section 347(3) of the Migration Act, a review application by a person in immigration detention on the day of notification must be made within 7 days after the day the applicant is notified of the decision. The 7-day limit cannot be extended. For a detained applicant, the question of who can lodge partner visa appeal applications must be answered, and the application lodged, within days. Urgent action is required. Our article on urgent immigration lawyer advice explains what to prepare.

Who can lodge partner visa appeal applications when the applicant had no substantive visa?

The visa applicant is still the person who applies. Many onshore partner visa applicants apply after their last substantive visa has ended, or while holding a bridging visa. The refusal is often based on the Schedule 3 criteria (criteria 3001, 3003 and 3004), which apply to applicants who did not hold a substantive visa when they applied. These refusals are reviewable in the same way, under section 338(2), and the same rules about who can lodge partner visa appeal applications apply.

The Tribunal can decide that there are compelling reasons not to apply the Schedule 3 criteria, looking at the circumstances at the time of the review. That is why Schedule 3 refusals are commonly reviewed. The firm's Schedule 3 waiver page and our article on the Schedule 3 partner visa waiver explain this ground. For a refusal that followed an earlier refused visa, see our guide to applying for a partner visa after a visa refusal.

Who can lodge partner visa appeal applications after a Subclass 309 refusal?

The visa applicant is the person who can lodge partner visa appeal applications after a Subclass 309 refusal. A refusal of the offshore Partner (Provisional) Subclass 309 visa is a decision prescribed by regulation 4.02(4)(saa) of the Migration Regulations, and regulation 4.02(5)(raa) says that the applicant may apply for review. The review is made under section 338(9) of the Migration Act. No location requirement applies to the review applicant for this kind of decision, so the visa applicant can apply from outside Australia.

In practice, the Australian partner is usually the person who contacts a lawyer after an offshore refusal. That is natural. The Australian partner is in Australia, can meet with a lawyer by video in Australian business hours, and often received the news at the same time. The Australian partner can and should be closely involved. The Australian partner can:

• Contact the firm. The Australian partner can make the first contact, provide the refusal letter and arrange the consultation.
• Help give instructions. With the applicant's consent, the Australian partner can be part of every discussion about the review.
• Provide evidence. The Australian partner gives a large part of the relationship evidence, including their own account of the relationship and documents held in Australia.
• Give evidence at the hearing. The Australian partner can give evidence to the Tribunal as a witness.

The legal position is still clear. The review application is made in the name of the visa applicant, because that is who the Regulations name. An Australian partner who wants to know who can lodge partner visa appeal applications for a Subclass 309 refusal should understand that the review is the applicant's application, supported by the Australian partner.

Why some couples expect the sponsor to apply

Many people expect the Australian sponsor to apply for review of an offshore partner visa refusal, because that was the rule for offshore partner visa refusals in the past. Older guidance and older Tribunal decisions often describe the sponsor as the review applicant. The current Regulations, as reflected in the Department's procedural instruction on merits review, name the visa applicant for Subclass 309 refusals. The refusal letter should identify the person who may apply. If it names someone else, or if the decision was made under transitional rules, advice should be obtained immediately on who can lodge partner visa appeal applications in that case.

What the Australian partner should do in the first days

The Australian partner can do a great deal while the applicant is overseas. The Australian partner should send the full refusal letter and the decision record to a lawyer, confirm the date and method by which the decision was sent, and collect evidence they hold in Australia. The Australian partner should not lodge a review application in their own name, believing that the sponsor is the right person. Asking first who can lodge partner visa appeal applications for a Subclass 309 refusal prevents that mistake. The firm's Subclass 309 partner visa page explains how the offshore visa works.

Who can lodge a Subclass 300 appeal?

The Australian sponsor is the person who can lodge a Subclass 300 appeal. A refusal of a Prospective Marriage Subclass 300 visa is prescribed by regulation 4.02(4)(s), and regulation 4.02(5)(r) says the sponsor may apply for review. This is the main exception to the general pattern. For a Subclass 300 refusal, the answer to who can lodge partner visa appeal applications is the sponsor, not the visa applicant.

The prospective spouse who applied for the visa cannot make the review application. The prospective spouse remains central to the case and gives evidence, but the application must be made in the sponsor's name. There is no location requirement on the sponsor for this kind of decision.

Marriage after a Subclass 300 refusal

The Subclass 300 has a special rule that can change the outcome. Under regulation 4.15(4), if the couple marry after the refusal and before the review is finally determined, and they notify the ART of the marriage, the visa application is taken to also be an application for a partner visa if the matter is remitted to the Department. In short, the review can carry the couple into the partner visa process. This only helps if the sponsor has made a valid review application in time. It is another reason why knowing who can lodge partner visa appeal applications for a Subclass 300 refusal matters so much.

The marriage must be valid under Australian law. Our article on the Subclass 300 Prospective Marriage visa explains the visa, and the Partner visa Australia complete guide explains how it connects to the other partner visas.

Can a Subclass 100 refusal be appealed?

No, not if the Subclass 309 visa holder is outside Australia when the Subclass 100 is refused. The permanent Subclass 100 is the second stage of the offshore partner visa. A refusal of the Subclass 100 is reviewable under section 338(7A) of the Migration Act only where the visa holder was physically in Australia when the decision was made. Section 347A(3) adds that the review applicant must also be in Australia when the review application is made.

This produces a clear rule for who can lodge partner visa appeal applications at the permanent stage:

• Visa holder in Australia at the decision and at lodgement. The Subclass 309 visa holder may apply for review.
• Visa holder outside Australia at the decision. There is no right to ART review, and nobody else can apply instead.
• Visa holder in Australia at the decision, but outside Australia at lodgement. There is no valid review application.

For the permanent stage, therefore, who can lodge partner visa appeal applications depends entirely on where the visa holder is. A Subclass 100 refusal is uncommon, but where the relationship has broken down or a character issue arises, it can happen. A couple facing a possible Subclass 100 refusal should get advice about where the visa holder should be while the decision is pending.

Are children and other family members included in the appeal?

Yes. Family members who were refused together can be included in a single combined review application. Under regulation 4.12 and regulation 4.13(3) of the Migration Regulations, where the decisions relate to members of the same family unit and the review applications are combined, only one fee is payable. This often applies where the primary applicant included a dependent child or another member of the family unit in the partner visa application.

The rules on who can lodge partner visa appeal applications still apply to each person. In an onshore refusal, each family member who wants review must be in Australia when the application is made. A child's review application is normally made on the child's behalf by a parent, but it is still the child's application. Each person refused should be listed in the review application. Leaving a family member out can mean that person's refusal is never reviewed.

Secondary applicants who were refused because the primary applicant was refused

A dependent child or other secondary applicant is usually refused because the primary applicant was refused. Secondary applicants can only be granted the visa if the primary applicant is granted the visa. So the secondary applicants' review is tied to the primary applicant's review. If the Tribunal sets aside the primary applicant's refusal, it will usually deal with the family members at the same time. If the family members were not included in the review application, that link may be lost.

Secondary applicants refused for their own reasons

Some secondary applicants are refused for reasons of their own, such as a health or character issue, a question of dependency, or whether a child is a member of the family unit. Those issues are reviewed too, and they may need separate evidence. Our partner visa document checklist explains the documents usually needed for family members.

Does the type of relationship change who can lodge partner visa appeal applications?

No. The rules on who can lodge partner visa appeal applications are the same for married couples and de facto couples, and for opposite-sex and same-sex couples. Standing depends on the visa refused and the location of the applicant, not on the type of relationship. A de facto partner refused a Subclass 820 visa applies for review in the same way as a married spouse, and must be in Australia when lodging.

The type of relationship does affect what must be proved at the Tribunal. A married couple must show a valid marriage and a genuine and continuing relationship under section 5F of the Migration Act. A de facto couple must meet section 5CB, which usually includes the 12-month relationship requirement unless an exception applies. Our article on the de facto partner visa and the 12-month rule explains those requirements. Where a refusal turns on the 12-month requirement, the question of who can lodge partner visa appeal applications is answered first, and the de facto evidence is then prepared for the Tribunal.

Can a lawyer or migration agent lodge the appeal for you?

Yes. A lawyer or registered migration agent can prepare and lodge the review application for the person who has standing. The application is still made in that person's name. A representative does not become the review applicant by lodging the form, and the representative's location does not matter. What matters is who the review applicant is and, for onshore refusals, where that person is on the day of lodgement.

This is an important practical point. Couples sometimes think that because a lawyer in Australia lodged the review, the applicant's location no longer matters. That is wrong. If an onshore applicant is overseas on the day the lawyer lodges, the application is not valid. When a representative is asked who can lodge partner visa appeal applications for a client, the representative's first task is to confirm the client's identity, the decision, and the client's location.

A representative appointed for the Department stage is not automatically the representative before the Tribunal. The Tribunal must be told who represents the review applicant. Our article on Form 956 and Form 956A explains how a representative is appointed at the Department stage. For help comparing advisers, see our factual guide on whether a partner visa needs a migration agent or lawyer and the general guide to migration agents and immigration lawyers. Our article on what a visa appeal lawyer does explains the role in review matters.

Changing representative after the refusal

Couples often decide to change representative after a refusal. That is a normal step. The new representative should obtain the file and confirm the review deadline at once. Our guides on changing your immigration lawyer and on getting a second opinion from an immigration lawyer explain the handover.

Common misunderstandings about who can lodge partner visa appeal applications

Most mistakes about who can lodge partner visa appeal applications come from a few widespread assumptions. Each one below is wrong, and each can cost a couple their review. Checking who can lodge partner visa appeal applications against the law, not against assumptions, avoids them.

"The Australian sponsor always lodges the appeal"

This is wrong. For onshore refusals of Subclass 820 and Subclass 801 visas, only the visa applicant can apply. Under the current Regulations, the visa applicant also applies for a Subclass 309 refusal. The sponsor applies only for a Subclass 300 refusal.

"Anyone can apply if they are named on the visa application"

This is wrong. Being named on the visa application, or being the sponsor on Form 40SP, does not give standing. Standing comes from section 347A and regulation 4.02(5) only.

"My lawyer is in Australia, so it does not matter where I am"

This is wrong for onshore refusals. The applicant, not the representative, must be physically present in Australia when the application is made.

"The Tribunal will accept a late application if there is a good reason"

This is wrong. The time limit in section 347(3) cannot be extended. A late application is not properly made, and the Tribunal has no jurisdiction to review the decision. Illness, travel or a delayed email does not change that.

"We can lodge now and pay the fee later"

This is wrong. The fee must be paid, or a fee-reduction request lodged with at least 50% of the fee paid, within the same 28-day period. Otherwise the application is not properly made.

"A review is pointless if the reason for refusal cannot be changed"

This is often wrong. The Tribunal considers the evidence at the time of review, including new evidence that was never before the Department. Our guides on proving that your relationship is genuine and on why partner visas get refused explain what can change.

When does the 28-day deadline start?

The 28-day deadline starts on the day after the applicant is notified of the refusal. Section 347(3) of the Migration Act requires the review application to be made within 28 days after the day the person is notified of the decision, or within 7 days if the person is in immigration detention on the day of notification. The time limit cannot be extended. Anyone working out who can lodge partner visa appeal applications must work out the deadline at the same time.

When a person is notified depends on how the decision was sent. Section 494C of the Migration Act sets the deemed dates:

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

Most partner visa refusals are sent by email to the applicant or to the applicant's representative or authorised recipient. A decision sent to the representative is generally treated as notified to the applicant. So the 28 days can start before the couple has even seen the letter.

Counting the days

Consider a couple whose Subclass 820 refusal was emailed on a Monday. The decision is received at the end of that Monday. Day one of the 28 days is Tuesday. The review application, with the fee paid, must be made by the end of the 28th day. Leaving it to the last day is dangerous. Online systems can fail, payment can be declined, and documents can be missing. The firm aims to lodge well before the deadline.

The deadline applies to the person with standing

The deadline applies to the review applicant. For an onshore refusal, that is the visa applicant. For a Subclass 300 refusal, it is the sponsor. For a Subclass 309 refusal, it is the visa applicant. A couple can lose days arguing about who can lodge partner visa appeal applications. The safest course is to obtain advice on the day the decision arrives.

What must be lodged for the review application to be valid?

A review application is valid only if it is made by the person with standing, within the time limit, in the approved way, with the fee paid. Each requirement must be met. The ART accepts applications made through its online form, on its paper form, or by letter, in line with its Migration, Protection and Character Practice Direction. Under section 347(2) of the Act and regulation 4.12A, the application must include a copy of the decision notice if the applicant has it.

A properly made application has these parts:

• The right review applicant. The application is made in the name of the person who can lodge partner visa appeal applications for that decision.
• The right location. For onshore refusals and for the Subclass 100 under section 338(7A), the review applicant is physically in Australia on the day of lodgement.
• Within time. The application is made within 28 days after notification, or 7 days in detention.
• The fee paid. The ART charges a substantial application fee for migration reviews. It must be paid in full within the 28 days, or a fee-reduction request lodged with at least 50% of the fee paid in that time. The fee increases each 1 July.
• The decision notice. A copy of the Department's decision is attached if the applicant has it.
• All family members. Every refused family member who wants review is included in the combined application.

The fee is paid by or for the person who can lodge partner visa appeal applications for that decision; another person may pay it on that person's behalf, but payment does not give the payer standing. If the ART later sets aside, varies or remits the decision, part of the fee is refunded. No refund is payable if the refusal is affirmed. For the full cost picture across the process, see our guides on how much a Subclass 820 visa costs and on immigration lawyer fees in Australia.

The application form itself

The review application form is short. The work that wins or loses a review comes later, in the evidence and submissions. The form does need to be right, however. The review applicant's name, the decision under review, the visa subclass and the contact details must be correct. An error in identifying the review applicant goes to the heart of who can lodge partner visa appeal applications and can invalidate the application.

What happens to your bridging visa when you lodge the appeal?

Lodging a valid review in time keeps the onshore applicant lawful, but only if it is lodged by the person who can lodge partner visa appeal applications for that refusal. An applicant who held a Bridging visa A granted with the partner visa application (on or after 19 November 2016) keeps it after the refusal for a limited period. Under Schedule 2 clause 010.511 of the Regulations, that Bridging visa A ceases 35 days after the refusal if no review is lodged. If a valid review application is lodged in time, the bridging visa continues. It then ceases 35 days after the Tribunal's decision, or remains in effect if the matter is remitted. A similar 35-day pattern applies to the Bridging visa B and the Bridging visa C.

This is one of the most practical reasons to know who can lodge partner visa appeal applications. If the sponsor lodges an onshore review instead of the applicant, the application is invalid. The applicant's bridging visa then ceases on the 35th day after the refusal, and the applicant may become unlawful without realising it.

Work rights and travel on the bridging visa follow the same conditions as before. Our articles on work rights on a bridging visa while waiting for a Subclass 820 and on the Bridging visa B explain those rules.

What happens after the right person lodges the appeal?

Once the person with standing lodges a valid application, the ART reviews the refusal afresh. The Tribunal is not limited to the Department's file. It considers the evidence available at the time of review, including new evidence. The Department is a non-participating party under section 348A and generally does not appear at the hearing.

The review generally follows these stages:

• Acknowledgement. The ART confirms the application and asks the Department for its documents.
• Access to documents. The review applicant can request access to the documents the Department gave the Tribunal, under section 362A. This should be requested early.
• Evidence and submissions. The couple provides further evidence, including the partner visa relationship statement, Form 888 supporting statements and documents on the four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment.
• Hearing. The Tribunal hears evidence from the review applicant and usually from the other partner and witnesses. If the review applicant does not attend, the Tribunal can dismiss the application under section 99 of the Administrative Review Tribunal Act 2024. Reinstatement must be sought within 28 days after notice of the dismissal, under section 368C of the Migration Act.
• Decision. The Tribunal gives its decision with written reasons, and notifies the decision within 14 days of making it (section 368A).

What the ART can decide

Under section 349(2) of the Migration Act and regulation 4.15(1), 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. Partner visa reviews that succeed are usually remitted with a direction that a specified criterion is taken to be satisfied. The Department must then reassess the remaining criteria and is bound by the Tribunal's finding.

If the Tribunal affirms the refusal

If the Tribunal affirms the refusal, the Minister has a personal power under section 351 to substitute a more favourable decision in the public interest. The Minister does not have to consider a request. A review by a court on a question of legal error also exists. Neither is a rehearing of the evidence. The Tribunal review is the main opportunity, which is why it must be lodged by the right person and properly prepared.

Who gives evidence at the hearing

The hearing is where the sponsor's role becomes most visible. Even where the sponsor cannot lodge the review, the sponsor is normally the most important witness after the applicant. For an onshore refusal, the applicant is the review applicant and the sponsor gives evidence. For a Subclass 300 refusal, the sponsor is the review applicant and the prospective spouse gives evidence, sometimes from overseas. For a Subclass 309 refusal, the applicant is the review applicant and the Australian partner gives evidence. Understanding who can lodge partner visa appeal applications therefore also tells the couple who carries the case at the hearing. Our guides on preparing evidence of a genuine relationship and the Subclass 820 evidence checklist explain the evidence the Tribunal looks at.

Who can lodge partner visa appeal applications in common situations?

The same rules produce clear answers in the situations refused couples most often describe. The scenarios below are generic illustrations, not real cases.

• Consider a couple whose Subclass 820 was refused while both partners were in Australia. The applicant lodges the review, while still in Australia, and the sponsor gives evidence. This is the most common answer to who can lodge partner visa appeal applications.
• Consider an applicant who flew overseas for a family emergency the week after an onshore refusal. The applicant cannot lodge a valid review while overseas. If the applicant can return to Australia lawfully within the 28 days, a review may still be possible, but advice is needed before booking any travel.
• Consider an Australian citizen whose overseas spouse was refused a Subclass 309 visa. The overseas spouse is the review applicant. The Australian citizen usually contacts the lawyer, supports the review and gives evidence.
• Consider an Australian fiancé whose partner was refused a Subclass 300 visa. The Australian fiancé, as sponsor, lodges the review. If the couple then marry validly before the review is decided and notify the Tribunal, regulation 4.15(4) may apply.
• Consider a Subclass 309 holder who was refused the Subclass 100 while visiting family overseas. There is no right to ART review of that decision. Nobody can lodge on the holder's behalf.
• Consider a mother refused a Subclass 820 together with her two children. The mother and each child who wants review are included in one combined application, all in Australia on the day of lodgement, with one fee.

Each scenario turns on the same three questions: what was refused, who the law names, and where that person is on the day of lodgement. When the facts are less clear, for example where the applicant has dual citizenship, a pending second application, or a decision sent to a previous representative, advice should be obtained on who can lodge partner visa appeal applications before anything is filed. Our article on responding to a section 56 request and our guide to section 57 natural justice letters explain the Department-stage letters that often come before a refusal.

What Tribunal decisions show about who applies for review

Published Tribunal decisions show the standing rules working in practice. The cases below were all remitted. In each case the Tribunal set aside the refusal and sent the matter back to the Department. The descriptions below reflect only the published headnotes.

• Sage (Migration) [2019] AATA 4230 (Subclass 300). The applicant validly married the sponsor after the Prospective Marriage visa refusal, notified the Tribunal of the marriage before the review was determined, and provided the marriage certificate. This is the regulation 4.15(4) rule in action.
• Sok (Migration) [2023] AATA 2640 (Subclass 300). The visa applicant was found free to marry the review applicant at the time of the decision, with no impediment to the marriage in Australian law. The review applicant in a Subclass 300 matter is the sponsor.
• Haynes (Migration) [2020] AATA 3293 (Subclass 820). The issue concerned an additional applicant who was a dependent child of the primary applicant, including permission to migrate under the law of the home country and parental consent. Family members were dealt with in the same review.
• PHAM (Migration) [2020] AATA 6062 (Subclass 309). The issue was whether the visa applicant was a dependent child of the family head as defined in regulation 1.05A.
• 2421153 (Migration) [2025] ARTA 2911 (Subclass 309). The issue concerned a secondary applicant adult child aged 23 or older at the time of application, where younger siblings had been granted visas, and whether that person was a dependent member of the family unit.
• Tay (Migration) [2023] AATA 574 (Subclass 309). The Tribunal had persuasive evidence consistent with the sponsor's commitment to the relationship, despite a substantial age difference, and a copy of the marriage certificate was provided.
• Kandel (Migration) [2024] AATA 160 (Subclass 309). The Tribunal considered a genuine and continuing spousal relationship, including the sponsor's visits to Nepal, an Australian divorce not recognised in Nepal and different registered marriage dates.

The ART replaced the Administrative Appeals Tribunal on 14 October 2024. Earlier decisions of the Administrative Appeals Tribunal remain useful guidance. Each of these reviews started with a valid application by the person with standing. Without that, none could have been decided on the merits. These are published decisions of the Tribunal, not cases of My Migration Lawyers.

How My Migration Lawyers handles the question of who can lodge a partner visa appeal

My Migration Lawyers acts for refused couples from the day the decision arrives, and the first thing the firm settles in every refused matter is who can lodge partner visa appeal applications for that decision and whether that person can still do so in time. The firm deals with complex partner visa refusals, including onshore refusals, offshore Subclass 309 refusals where the Australian partner makes contact, Subclass 300 refusals where the sponsor must apply, family members refused together, and applicants in detention. It acts in many matters of exactly this type and is capable of handling them.

Our work on a partner visa review follows clear steps:

• Standing and location check. We read the decision notice and confirm which provision the decision falls under, who can lodge partner visa appeal applications for it, and whether that person must be in Australia. For onshore matters, we confirm the applicant is in Australia and advise against travel.
• Deadline confirmed. We confirm how and when the decision was sent, including to any previous representative, and calculate the 28-day or 7-day deadline.
• Family members identified. We list every family member who was refused and include each one who wants review in the combined application, so that only one fee is payable.
• Application lodged and fee paid. We prepare the application in the correct person's name, attach the decision notice, and make sure the fee is paid within the time limit, so the application is properly made.
• Bridging visa protected. We confirm the effect of the review on the applicant's bridging visa and advise on work and travel.
• Documents obtained. We request the Department's documents under section 362A and analyse the reasons for refusal criterion by criterion.
• Evidence and submissions. We review the couple's relationship statement against the forms and the documents, identify gaps and inconsistencies, and ask the couple to correct and confirm their own account. We arrange Form 888 supporting statements, and we decide which legal arguments are put to the Tribunal and prepare written submissions on them.
• Hearing and after. We prepare the review applicant, the other partner and any witnesses, appear at the hearing, and manage the matter back at the Department if it is remitted.

For an offshore refusal, the Australian partner can make first contact with the firm. We explain to both partners, in plain English, that the review is the applicant's application and how the Australian partner supports it. For a Subclass 300 refusal, we act on the sponsor's application and advise on the effect of a marriage during the review.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, the firm's work as partner visa lawyers, and its broader visa refusal appeal practice. Our guides on partner visa lawyer work in Australia, when you need an immigration lawyer for a partner visa, legal help compared with doing it yourself, how to choose a partner visa lawyer in Australia, hiring a lawyer after lodging your own application and what happens in an immigration lawyer consultation explain what professional help involves. Same-sex couples have the same review rights, and the firm's LGBTI partner visa page explains its work for them.

My Migration Lawyers acts for refused couples across Australia by video consultation, from its office at Level 1, 60 Martin Place, Sydney. This includes 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.

Every refused partner visa matter is different, and no lawyer can promise an outcome. What My Migration Lawyers can do is confirm who can lodge partner visa appeal applications in your case, make sure the review is lodged by that person, in time and with the fee paid, and prepare the evidence the Tribunal needs to see.

Book a consultation with My Migration Lawyers to have your refusal, your review deadline and the right review applicant confirmed. You can also call us on 1300 040 300.