Can a Lawyer Represent Us at a Partner Visa Tribunal Hearing?
Key points
- The Administrative Review Tribunal reviews partner visa refusals on the merits and usually invites the applicant to a hearing.
- A lawyer can be appointed as the representative for the review and receive the Tribunal's correspondence.
- The sponsor and other witnesses can give evidence at the hearing.
- The Tribunal can affirm the refusal or remit the application to the Department.
What does a lawyer do at a partner visa Tribunal hearing?
At a partner visa Tribunal hearing, a lawyer attends with the applicant and sponsor, follows the member's questions closely and assists in the way the Tribunal permits. Most of the lawyer's work is done before the hearing, through the written submission and evidence bundle. Our article on the partner visa ART hearing explains how the hearing runs.
How does a lawyer prepare us for the hearing?
A lawyer prepares a couple for the hearing by going through the refusal reasons, the application and the evidence, so that each partner can answer questions about the relationship clearly and from their own memory. Preparation is not rehearsing scripted answers, which members notice quickly. It means each partner understands which parts of the history the member is likely to test, such as how the relationship began, the living arrangements and any periods apart, and can explain them honestly in their own words. Our article on partner visa interview questions shows the kind of questions that are often asked.
Why is a written submission important before the hearing?
A written submission is important before the hearing because it tells the member which criteria are in issue, what the new evidence proves and how the law applies. A member who has read a clear submission can focus the hearing on the real questions. Our article on partner visa ART evidence explains how evidence and submissions work together.
Can our witnesses give evidence at the hearing?
Witnesses can give evidence at the hearing where the Tribunal agrees to hear from them, usually after being named in advance. Family members and friends who know the relationship can support the couple's account. Their written Form 888 statements are often provided before the hearing. Our article on Form 888 witness statements explains what a good statement covers.
Does the sponsor need to attend the Tribunal hearing?
The sponsor should generally attend the Tribunal hearing, because the member usually wants to hear from both partners about the relationship. A sponsor who does not attend without a good reason can leave doubts unanswered. Our article on the ART review process explains each person's role in the review.
What happens after the hearing?
After the hearing, the member may give the decision at the hearing or later in writing, and may allow further documents within a set time. If the decision is favourable, the case usually returns to the Department to finish remaining checks. If it is not, the couple should obtain advice promptly on the options that remain. Our page on partner visa refusals explains next steps.
How does My Migration Lawyers represent couples at the Tribunal?
My Migration Lawyers represents couples at the Tribunal by preparing the case so the hearing confirms what the papers already show. The firm drafts the submission, assembles an indexed evidence bundle, prepares each partner and witness separately and attends the hearing with the couple. Hearings can be prepared with clients anywhere in Australia by video and email. Couples can learn more about Principal Lawyer Weiwei Zhang or speak with our partner visa lawyers.
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