Who Can Help Me Appeal a Spouse Visa Refusal to the ART?

Who can represent me at the ART for a spouse visa refusal?

An Australian lawyer with a practising certificate or a registered migration agent can represent an applicant at the ART for a spouse visa refusal. Lawyers are regulated by the legal profession bodies, and registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Both can prepare the review application and appear at the hearing. Our article on the partner visa migration agent or lawyer question explains the factual differences.

What does a representative do in a spouse visa appeal?

A representative in a spouse visa appeal lodges a valid review application before the deadline, obtains the Department's file, identifies every finding that needs to be answered and gathers new evidence to address each one. The representative then prepares written submissions, organises witness statements, prepares the couple for questioning and attends the hearing. Because the Tribunal decides the case afresh, the review is an opportunity to correct gaps in the original application, explain inconsistencies and show how the relationship has continued since the refusal. A representative should explain early which findings are the hardest to overcome, so the couple can focus their effort on the evidence that matters most. Our guide to the partner visa ART review process explains each stage.

Is an ART appeal better than lodging a new spouse visa?

An ART appeal is better than lodging a new spouse visa in some cases and not in others, depending on the refusal reason, the applicant's visa status and location, and the strength of new evidence. Onshore applicants who rely on a bridging visa often need review to keep lawful status. Our article on partner visa appeal versus reapplication compares the two paths.

Do married couples still need to prove the relationship at the ART?

Married couples still need to prove the relationship at the ART, because a spouse visa requires a genuine and continuing marriage, not only a valid marriage certificate. The Tribunal looks at the four aspects of the relationship and the couple's evidence at the time of its decision. Our article on a non-genuine relationship refusal explains how these findings are answered.

How should I judge who to engage for a spouse visa appeal?

A person choosing who to engage for a spouse visa appeal should check that the representative is a practising lawyer or a registered migration agent, regularly handles partner visa reviews, gives a clear written scope and fixed price before work starts, and explains the realistic options in plain terms. The representative should also confirm the deadline in writing at the first meeting. Our article on partner visa refused legal help sets out what to ask.

How does My Migration Lawyers run a spouse visa appeal at the ART?

My Migration Lawyers runs a spouse visa appeal by first confirming the review deadline and the correct review applicant, then building the case around the specific findings in the refusal. The firm works on fixed fees agreed before work starts, acts for couples across Australia and overseas by video and email, and can consult in Mandarin. Couples can read about our partner visa refusals work and about Weiwei Zhang.