Can I Give the Tribunal New Evidence Not in My Original Application?

Can the Tribunal consider evidence the Department never saw?

The Tribunal can consider evidence the Department never saw, because it stands in the place of the original decision-maker and decides the case again on the material before it. It is not limited to the documents that were attached to the application. In many partner visa reviews, the new evidence is what changes the outcome. Our article on partner visa ART evidence explains what the Tribunal finds persuasive.

What kinds of new evidence help in a partner visa review?

The new evidence that helps most in a partner visa review is evidence that answers the specific refusal reasons. This may include joint financial records, a lease or mortgage, proof of shared bills, travel records, photographs over time, messages showing regular contact, and Form 888 statements from people who know the couple. Our article on partner visa relationship evidence explains how each type of evidence is weighed.

Does evidence from after the refusal count?

Evidence from after the refusal counts for most criteria, because the genuine and continuing relationship is assessed at the time the Tribunal decides. A couple who have lived together, combined finances or married since the refusal can rely on that evidence. Our article on partner visa nature of commitment explains how continued commitment is shown.

Are there criteria that new evidence cannot fix?

New evidence cannot fix criteria that must be met at the time of application, because those are judged as at the date of lodgement. For example, a de facto couple must generally show 12 months of relationship before lodgement, so living together after lodgement does not cure a short period. New evidence about when the relationship really began can still help. Our article on the de facto 12-month requirement explains this point.

When should new evidence be given to the Tribunal?

New evidence should be given to the Tribunal before the hearing and in line with any directions the Tribunal sets, so the member has time to read it. Evidence handed up for the first time at a hearing may not receive the same attention, and late material can raise questions about why it was not given earlier. Our article on the partner visa ART hearing explains how to prepare.

Can new evidence contradict what we told the Department?

New evidence should not contradict what the couple told the Department unless the earlier statement was wrong and the error is explained openly. The Tribunal compares the new material with the original application and any interview records. An unexplained change in dates or living arrangements can damage credibility more than the original gap. Our page on partner visa refusals explains how the firm handles these issues.

How does My Migration Lawyers prepare new evidence for the Tribunal?

My Migration Lawyers prepares new evidence for the Tribunal by listing every finding in the refusal and gathering the documents and statements that answer each one, in an indexed bundle the member can follow. The firm checks every new document against the original application for consistency and writes a submission that links each piece of evidence to the criterion it proves. Couples can speak with our partner visa lawyers.