Does My Migration Lawyers Handle Partner Visa Refusals?
Key points
- Most partner visa refusals can be reviewed by the Administrative Review Tribunal, which decides the case again on the evidence before it.
- The time limit to apply for review is short and strictly applied, and it runs from the date the decision is taken to be received.
- Review of a Subclass 309 refusal is applied for by the visa applicant in their own name, from anywhere.
- Judicial review in the Federal Circuit and Family Court of Australia is limited to legal error and is not a re-hearing of the facts.
What partner visa refusals does My Migration Lawyers act in?
My Migration Lawyers acts in refusals across the partner visa program, including onshore Subclass 820 and 801 refusals, offshore Subclass 309 and 100 refusals, and Subclass 300 prospective marriage visa refusals. Common grounds include a finding that the relationship is not genuine, Schedule 3, PIC 4020, character, health, sponsorship limits and the de facto 12-month requirement. Our page on partner visa refusals describes this work, and our visa refusals page covers refusals more broadly.
What does the firm do first after a partner visa refusal?
The first thing the firm does after a partner visa refusal is confirm the review deadline, because the time limit is short and strictly applied. For an offshore Subclass 309 refusal, the firm also confirms that the review is lodged by the visa applicant in their own name, as the law requires. The firm then reads the decision record to identify each reason for refusal and the evidence the decision maker relied on, and, where useful, obtains the Department's file. Our article on the partner visa refusal letter explains how to read the reasons.
Should a refused partner visa go to review or be lodged again?
Whether a refused partner visa should go to review or be lodged again depends on the reason for refusal, the applicant's location and visa status, and whether a new application would face Schedule 3 or section 48. Review keeps the original application alive and allows new evidence, while a new application costs another charge and starts again. Our article on partner visa appeal versus reapplication compares the two paths.
How does the firm prepare a partner visa case for the Tribunal?
The firm prepares a partner visa case for the Tribunal by building written submissions that answer each refusal reason, gathering fresh evidence, preparing the applicant, sponsor and witnesses for the hearing, and attending the hearing with the client. Our guides to the partner visa ART review process and the partner visa ART hearing explain each step.
What if the Tribunal affirms the refusal?
If the Tribunal affirms a partner visa refusal, the remaining options may include judicial review, a new application, or a request for ministerial intervention where available. Judicial review in the Federal Circuit and Family Court of Australia examines whether the Tribunal made a legal error and is not a re-hearing of the facts. My Migration Lawyers assesses whether the decision may involve legal error and advises on the options available. Our article on partner visa judicial review explains how that process works.
Why do couples bring partner visa refusals to My Migration Lawyers?
Couples bring partner visa refusals to My Migration Lawyers because the firm treats the refusal decision as the map for the next step, answering each finding with evidence rather than repeating the original application. The firm is led by Principal Lawyer Weiwei Zhang, works on fixed fees agreed before work starts, and acts by video for clients in Australia and overseas. Couples can read more about our partner visa lawyers and send their refusal details through the form on this page.
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Weiwei Zhang