Who Can Handle Judicial Review of a Partner Visa Refusal?

Who is allowed to represent me in judicial review?

A person seeking judicial review of a partner visa decision can be represented by an Australian lawyer with a current practising certificate, because court representation is legal practice regulated by the legal profession bodies. A registered migration agent who is not also a lawyer can help with visa applications and Tribunal matters, but cannot appear in court. The applicant can also act personally, although court procedure is formal and unforgiving. Our article on migration agents and immigration lawyers explains the factual differences between the two.

What does judicial review of a partner visa refusal involve?

Judicial review of a partner visa refusal involves asking the court to find that the Tribunal made a legal error, such as applying the wrong legal test, failing to consider a claim or evidence, or denying procedural fairness. The court reviews the decision on the record and does not hear new evidence about the relationship. Our article on partner visa judicial review explains the common grounds.

Is judicial review the right step after a Tribunal refusal?

Judicial review is the right step after a Tribunal refusal only where there is an arguable legal error that could change the outcome. Many partner visa refusals turn on findings of fact about the relationship, and a court cannot overturn a finding simply because the applicant disagrees with it. In those cases a new application or another option may be the more practical path, as our article on partner visa refused appeal options explains.

What should I look for in a lawyer for judicial review?

A lawyer for judicial review should hold a current practising certificate, regularly conduct migration litigation, explain the specific legal error they consider arguable and give a clear written scope and costs estimate before starting. The lawyer should also explain the risk of a costs order if the case fails, because in court the losing party may be ordered to pay the other side's costs. Our article on visa appeal lawyers explains how to judge a representative.

What documents does a lawyer need to assess judicial review prospects?

A lawyer assessing judicial review prospects needs the Tribunal's written decision and reasons, the date the decision was notified, the hearing invitation, the submissions and evidence given to the Tribunal and, where available, the hearing recording. The original refusal letter is also useful. These should be gathered immediately, because the time limit for judicial review is short. Any later change in the couple's circumstances, such as a new child or a marriage, should also be noted, because those facts cannot be raised in the court but may support a new application or a request for ministerial intervention.

How does My Migration Lawyers help after a Tribunal refusal?

My Migration Lawyers reads the Tribunal's decision against the evidence and submissions that were before it, assesses whether the decision may involve legal error and advises the client on the options in writing. That advice covers whether a court challenge appears arguable and whether a new application or ministerial intervention may be available instead. Clients can read about our partner visa refusals work and our wider visa refusals practice.