What Are My Options After a Partner Visa Refusal Under Schedule 3?

Is Tribunal review an option after a Schedule 3 refusal?

Tribunal review is usually an option after a Schedule 3 refusal of a Subclass 820, provided the review application is lodged within the time limit. The Administrative Review Tribunal can decide for itself whether compelling reasons exist and can consider evidence that was not before the Department. Review also generally keeps the applicant's bridging visa in effect while it is pending. Our article on the Schedule 3 refusal explains how these reviews are approached.

Should I check whether Schedule 3 was applied correctly?

Checking whether Schedule 3 was applied correctly is an important first step, because the criteria depend on the applicant's exact visa history and the date of lodgement. Errors about when a substantive visa ended, or whether the applicant held one at the time of application, do occur. The Department's records and the applicant's VEVO history should be compared with the decision. Our article on the Schedule 3 criteria explains each criterion.

Can I apply offshore for a Subclass 309 instead?

An offshore Subclass 309 application is often the most reliable option after a Schedule 3 refusal, because Schedule 3 does not apply to it. The application is lodged online with the Australian partner as sponsor, and the applicant must generally be outside Australia when the visa is granted. Before departure, the applicant should obtain advice on the effect of leaving, including on any pending review and any period of unlawful stay. Our article on the offshore partner visa explains the process.

Can I lodge a new Subclass 820 after a Schedule 3 refusal?

A new Subclass 820 application after a Schedule 3 refusal faces the same Schedule 3 criteria, and section 48 may also affect the applicant. A new onshore application is only worth considering where the circumstances have genuinely changed, for example where new compelling reasons have arisen since the first decision. Repeating the earlier application rarely changes the outcome. A further refusal also adds to the applicant's visa history, which later decision makers will read, so a second onshore attempt should be made only where the evidence of compelling reasons is materially stronger than before. Our article on the section 48 bar explains the extra limits.

What if the Tribunal also refuses?

If the Tribunal also refuses on Schedule 3, the remaining options can include an offshore Subclass 309 application, a request for ministerial intervention where the guidelines allow it, or judicial review if the Tribunal's decision involved legal error. Each option has its own time limits and risks. Our page on Schedule 3 waivers explains how compelling reasons are presented.

How does My Migration Lawyers choose the path after a Schedule 3 refusal?

My Migration Lawyers chooses the path after a Schedule 3 refusal by comparing what each option would need to prove with the evidence the client can realistically obtain, and by checking how one path affects another, such as how leaving Australia for a Subclass 309 affects a pending review. The firm sets out the options in writing, recommends an order of steps and acts on the chosen path. Couples can speak with our partner visa lawyers about their circumstances.