Can I Lodge a Review Before I Have All My Evidence?

Do I need all my evidence before applying for review?

An applicant does not need all their evidence before applying for review. The review application itself is short and identifies the decision being reviewed. Evidence, statements and submissions can follow. Waiting to gather evidence first is one of the most common ways people lose their review rights. Our article on the ART review process explains what is needed at each stage.

What must be included when the review is lodged?

The review application must identify the applicant and the decision, be made by the right person and be lodged in time, with the application fee dealt with as the Tribunal requires. For an onshore refusal the visa applicant applies, and for an offshore Subclass 309 refusal the visa applicant applies in their own name. A copy of the refusal decision should be kept ready. Our article on partner visa ART fees explains the fee.

What happens if I miss the review deadline while gathering evidence?

Missing the review deadline while gathering evidence generally ends the right to merits review, however strong the evidence is. For an onshore applicant, the bridging visa will then end after a short period, and other options become more limited. This is why the deadline should be calculated on the day the refusal arrives. Our guide to the partner visa refusal letter shows where the deadline is stated.

When should the evidence be ready after lodging?

The evidence should be ready well before the hearing, and the Tribunal may set dates by which documents and submissions must be provided. Review can take time, but the hearing invitation can arrive with limited notice, so evidence gathering should start immediately after lodgement. Our article on partner visa ART evidence explains what to collect first.

What evidence should I start gathering first?

The evidence to gather first is the evidence that answers the main refusal reason. If the Department doubted the relationship, joint finances, shared household records and Form 888 statements come first. If the refusal concerned Schedule 3, evidence of compelling reasons comes first. Our article on how much evidence a partner visa needs explains how to prioritise.

Can I add more evidence after the hearing?

More evidence can sometimes be added after the hearing where the Tribunal allows it, for example where the member asks for a specific document. It should not be relied on as a plan, because the member may decide soon after the hearing. Our page on partner visa refusals explains how a review should be prepared from the start.

How does My Migration Lawyers secure a review when evidence is still missing?

My Migration Lawyers secures a review when evidence is still missing by lodging a valid application in time first, so the right to review and any bridging visa are protected. The firm then gives the couple a prioritised evidence list tied to the refusal reasons and sets internal dates so the bundle and submission reach the Tribunal before the hearing. Couples close to a deadline can contact our partner visa lawyers through the form on this page.