Can I Appeal a Partner Visa Refusal?

What does appealing a partner visa refusal actually mean?

Appealing a partner visa refusal means asking the Administrative Review Tribunal to review the Department's decision on its merits. The Tribunal is independent of the Department. It considers the law and the facts again, including evidence that was never given to the case officer, and makes its own decision. Our article on partner visa refused appeal options sets out each path after a refusal.

How long do I have to appeal a partner visa refusal?

The time to appeal a partner visa refusal is short and runs from the date the refusal is taken to have been received, not from the date the couple first read it. The Tribunal generally has no power to accept a late application for these decisions, so the deadline in the refusal letter should be treated as final. Where the letter went to a representative, the deadline usually runs from that delivery. Our guide to the partner visa refusal letter explains where the deadline appears.

Who lodges the appeal for an onshore or offshore refusal?

The person who lodges the appeal depends on the subclass. For an onshore Subclass 820/801 refusal, the visa applicant applies and must be in Australia when applying. For an offshore Subclass 309/100 refusal, the visa applicant applies in their own name and can do so from anywhere. Sponsors should not lodge in their own name in the belief that they are the right party, because an application by the wrong person can fail.

What happens to my bridging visa while the appeal is running?

For an onshore applicant, the bridging visa linked to the partner visa application generally continues while a valid review application is pending, which allows the applicant to stay in Australia lawfully. If no valid review is lodged in time, the bridging visa will end after a short period. Our article on what happens to a bridging visa after refusal covers travel and work rights during this period.

What can the Tribunal do with my partner visa appeal?

The Tribunal can affirm the refusal, or set it aside and remit the application to the Department with a direction that particular criteria are met. A remitted case returns to the Department, which then finishes the assessment of any remaining criteria, such as health and character. Our article on the ART review process explains each stage, from the application to the hearing and decision.

Is an appeal always better than a new application?

An appeal is not always better than a new application. Review is often the right choice where the applicant is in Australia without another visa, because a new onshore application may face Schedule 3 or section 48 issues. A fresh application can suit some offshore couples whose evidence has changed. Our article comparing appeal and reapplication sets out the factors that decide the choice.

How does My Migration Lawyers approach a partner visa appeal?

My Migration Lawyers approaches a partner visa appeal by fixing the review deadline first and confirming that the right person is lodging, then reading the refusal reasons line by line against the Department's file. The firm builds new evidence for each reason, prepares the couple and witnesses for the hearing and puts a written submission to the Tribunal. Couples can learn how the firm handles partner visa refusals or speak with our partner visa lawyers.