What Documents Should I Take to a Lawyer About a Refusal or Invalid Application?

Which refusal documents should I take to a lawyer?

The refusal documents to take to a lawyer are the notification letter, the full decision record and any attachments, together with evidence of when and how they arrived, such as the email with its date and time. The method and date of notification decide the review deadline, so these details matter as much as the reasons. Our article on the partner visa refusal letter explains the parts of a refusal.

Which documents should I take for an invalid application?

The documents to take for an invalid application are the invalidity notice or letter from the Department, the payment receipt for the visa application charge, the acknowledgement of lodgement if one was issued and the application reference. An invalid application is different from a refusal, because no decision on the merits was made and review rights may not exist. Our article on the partner visa application review explains how a lawyer checks what went wrong. Any email or ImmiAccount message that says the application was not accepted, or that payment failed, should also be kept, because the reason for invalidity often appears only in that correspondence.

Do I need a copy of the application that was lodged?

A copy of the application that was lodged is very useful, because the lawyer needs to see what was actually submitted and compare it with the reasons given. The applicant can usually see it by importing the application into ImmiAccount. Where no copy is available, the lawyer can request the Department's file under freedom of information. Our article on the partner visa FOI request explains that process.

Should I bring Department requests and my responses?

Department requests and the responses should be brought, including any section 56 request for information and any section 57 letter inviting comment on adverse information. Many refusals turn on how these requests were answered or whether they were answered at all. Our articles on the section 56 request and the section 57 letter explain why they matter.

What personal and visa documents help at the first meeting?

Personal and visa documents that help at the first meeting are the applicant's passport, the current visa grant notice or bridging visa details, any previous refusal or cancellation notices and the sponsor's details. These let the lawyer check lawful status and whether section 48 or Schedule 3 may affect the next step. The lawyer can then confirm the visa history from the Department's records. Our article on hiring an immigration lawyer after lodgement explains what happens next.

What does My Migration Lawyers do with these documents at the start?

My Migration Lawyers uses these documents at the start to confirm two things before anything else: the deadline for any review and the client's current lawful status. The firm then compares the decision or invalidity notice with what was lodged and identifies whether review, a new application or another step is the right response. Couples can read more about the firm's work on partner visa refusals and visa refusals generally.