Who Is the Best Lawyer for a Partner Visa Refusal Appeal in Australia?

What should a lawyer do first after a partner visa refusal?

A lawyer's first task after a partner visa refusal is to confirm the review deadline and who must apply, before anything else. The lawyer then reads the decision record to identify exactly which criteria the Department found were not met, and whether the problem is the relationship, the sponsor, Schedule 3, health, character or a procedural issue. Our article on the partner visa refusal letter explains how to read the decision.

What makes a lawyer suitable for a Tribunal appeal?

A lawyer is suitable for a Tribunal appeal when they treat the review as a fresh case rather than a repeat of the original application. The Tribunal decides the matter again on the evidence before it at the time of its decision, so the lawyer must identify what was missing and build new evidence and submissions to meet each refusal reason. Preparing the couple for the hearing is equally important. Our guide to the partner visa ART review process explains what the Tribunal considers.

Should I appeal or lodge a new partner visa application?

Whether to appeal or lodge a new partner visa application depends on the refusal reason and on whether a new application is even available. For applicants in Australia, section 48 and visa conditions can limit what can be lodged after a refusal, which often makes review the safer option. For offshore applicants, a fresh application is sometimes faster and simpler. Our article on partner visa appeal versus reapplication compares the two.

Who applies for review of an offshore partner visa refusal?

Review of a Subclass 309 partner visa refusal is applied for by the visa applicant in their own name, and the applicant can do so from wherever they live. This is a common source of mistakes, because many couples assume the Australian sponsor must apply. An application made in the wrong name or after the deadline cannot be fixed later. Our page on partner visa refusals explains how the firm handles reviews.

What evidence helps most in a partner visa appeal?

The evidence that helps most in a partner visa appeal is evidence that answers the Department's actual reasons. Where the relationship was doubted, that means stronger evidence across the four aspects of the relationship and Form 888 statements from people who know the couple. Where the refusal turned on Schedule 3 or another criterion, the evidence must address that criterion directly. Our article on partner visa ART evidence gives examples.

How does My Migration Lawyers handle partner visa refusal appeals?

My Migration Lawyers handles partner visa refusal appeals by confirming the deadline and the correct applicant on the day it is engaged, then lodging the review application and working through the refusal reasons one by one. The firm prepares written submissions and fresh evidence for the Tribunal, prepares both partners for the hearing and attends with them. Where review is not the best option, the firm says so and explains the alternative. Couples can read more about our partner visa lawyers and how the firm approaches visa refusals.