What Information Is Needed to Assess My Review Prospects?

Why is the full refusal letter needed to assess review prospects?

The full refusal letter is needed to assess review prospects because it sets out the criteria the Department found were not met, the evidence it relied on and the reasoning that connects them. A summary or a single page is not enough, because the decisive finding is often buried in the middle of the reasons. The letter also states the review rights and the time limit. Our article on reading a partner visa refusal letter explains how to find the findings that matter.

Why does the date the refusal was received matter?

The date the refusal was received matters because the time limit to apply for review runs from the date the applicant is taken to have been notified, not from the date they read the letter. The method of delivery, such as email to an authorised recipient, affects that date. A lawyer needs the email or ImmiAccount record showing when the letter was sent before giving any advice on prospects, because the deadline is short and strictly applied.

What documents from the original application should I provide?

The documents from the original application that should be provided are the application forms, the relationship statement, the Form 888 statements and all supporting evidence that was uploaded. A lawyer assessing prospects needs to see exactly what the Department saw, so gaps and inconsistencies can be identified. If the applicant does not have a complete copy, it can be obtained through ImmiAccount or by a partner visa FOI request.

Are requests for information and natural justice letters relevant?

Requests for information and natural justice letters are highly relevant to review prospects, because they show what the Department was concerned about before deciding and how the applicant responded. A missed section 56 request or a weak answer to a section 57 letter often explains the refusal. These letters and the responses should be provided with the refusal.

What current information about the relationship is needed?

Current information about the relationship is needed because the Tribunal decides the case on the evidence at the time of its own decision. A lawyer will ask whether the couple are still together, where they live, how finances are shared now and what has changed since lodgement. New evidence since the refusal can be decisive, as our article on ART evidence for a partner visa explains. The applicant's visa history, current visa status and any character or health issues should also be disclosed.

Does a prospects assessment decide between review and a new application?

A prospects assessment often decides between review and a new application, because some refusal reasons can be cured at the Tribunal while others are better addressed by lodging again. The choice depends on the refusal reason, the applicant's location and visa status, and the cost and time of each path. Our article on partner visa appeal versus reapplication compares the two.

How does My Migration Lawyers assess partner visa review prospects?

My Migration Lawyers assesses partner visa review prospects by reading the refusal reasons against the full application record, confirming the review deadline first and then identifying which findings can realistically be overturned. The firm explains its view in plain terms and recommends review, a new application or another option. Couples can learn more about our partner visa refusals work.