Can Information From an Ex-Partner or a Tip-Off Be Used Against My Partner Visa?

Can the Department act on a tip-off about my partner visa?

The Department can act on a tip-off about a partner visa, because it may consider information from any source, including allegations from former partners, family members or members of the public. A tip-off is not proof, and an allegation made in anger after a separation is treated with that context in mind. The Department usually tests it against the evidence already lodged, its own records and any further information it requests. Our article on section 57 adverse information explains how the Department treats information it receives.

Will I be told what my ex-partner said?

An applicant will generally be told the substance of what an ex-partner said if the Department intends to rely on it in refusing the visa, because section 57 requires particulars of that adverse information and an invitation to comment. The Department does not always have to name the person who gave it, and information that meets the definition of non-disclosable information can be withheld. Our article on the section 57 natural justice letter explains what such a letter contains.

What kinds of allegations do ex-partners make?

The allegations ex-partners make commonly include claims that the current relationship is not genuine, that the applicant was still in another relationship when the application was made, or that information in an earlier application was false. Each allegation goes to a different legal test, such as the genuine relationship requirement or PIC 4020, so the response must address the right test. Our article on a partner visa while still married explains how overlapping relationships are assessed.

How should I respond to adverse information from an ex-partner?

An applicant should respond to adverse information from an ex-partner calmly and with evidence, dealing with each specific claim rather than attacking the person who made it. Documents that predate the dispute, statements from people who know the couple and records that contradict the allegation are usually the most persuasive. Where the ex-partner has a motive to cause harm, that context can be explained briefly and factually. Our article on partner visa conflicting statements explains how inconsistencies are resolved.

Can I find out whether someone has made a report?

An applicant can ask for their Department file under freedom of information laws, which may show whether information was received, although parts identifying the source or other people may be withheld. A request is often worth making where the Department's questions suggest it holds information the applicant has not seen. Our article on the partner visa FOI request explains how to make one.

How does My Migration Lawyers respond when an ex-partner targets a partner visa?

My Migration Lawyers identifies which legal test each allegation goes to, gathers independent evidence that answers it, and prepares a measured response that keeps the focus on the couple's relationship rather than the dispute with the former partner. Where the Department has not yet written, the firm checks whether the existing evidence already answers the likely concerns. Couples can speak with our partner visa lawyers as soon as they become aware of a complaint.