Can Getting Married or Having a Child After a Refusal Help My Review?

Can the Tribunal consider a marriage or birth that happened after the refusal?

The Administrative Review Tribunal can consider a marriage or birth that happened after the refusal, because it conducts merits review and decides the case on the evidence before it at the time of its own decision. The marriage certificate, the birth certificate and evidence of how the couple lives together as a family can all be provided. Our article on partner visa ART evidence explains how new evidence is presented to the Tribunal.

When does marriage or a child help most?

Marriage or a child helps most when the partner visa was refused because the Department was not satisfied the relationship was genuine and continuing. A wedding and a shared child are strong evidence of commitment and of a shared life, and they respond directly to that concern. Our article on the non-genuine relationship refusal explains what the decision-maker weighs, and our article on partner visa commitment evidence explains how to show it.

Does getting married fix a refusal under the 12-month de facto rule?

Getting married does not usually fix a refusal under the 12-month de facto rule, because the requirement under regulation 2.03A concerns the relationship in the period before the application was lodged. A later marriage does not change what the position was at that date. Where this is the refusal reason, the couple should consider whether a new application is the better path. Our article on the Subclass 820 de facto 12 months requirement explains the rule and its exceptions.

Can a child help with a Schedule 3 waiver?

A child of the relationship can be relevant to a Schedule 3 waiver, but does not on its own guarantee that compelling reasons exist. Departmental policy treats a genuine relationship and the hardship of separation as generally not compelling by themselves, so the full circumstances must be presented, including the child's best interests. Our article on partner visa compelling reasons and our Schedule 3 waiver page explain the test.

Should we review the refusal or lodge a new application after marrying?

Whether to review the refusal or lodge a new application after marrying depends on the refusal reasons, where the applicant is, and whether a new application can validly be made. Review keeps the original application alive, while a new application is assessed afresh against current criteria. Our article on partner visa appeal versus reapplication compares the two paths.

How does My Migration Lawyers use new family events in a partner visa review?

My Migration Lawyers uses new family events in a partner visa review by first testing them against each refusal reason, so the couple knows which reasons a marriage or child can answer and which it cannot. The firm then presents the new evidence as part of a complete account of the relationship, alongside submissions on any criterion assessed at the time of application. Where a new application is the stronger path, the firm says so. Couples can ask the firm's partner visa refusals team to assess their review.