How Do I Organise My Evidence to Address Every Refusal Reason?
Key points
- A partner visa refusal comes with a decision record that sets out the criteria considered, the findings and the reasons.
- The Administrative Review Tribunal reviews the decision again and can consider evidence that was not before the Department.
- Relationship evidence is assessed across four aspects: financial aspects, the nature of the household, social aspects and the nature of the commitment.
Where do I find each partner visa refusal reason?
Each partner visa refusal reason is found in the decision record, usually in the section headed findings or reasons, rather than in the short covering letter. The decision record names the criterion that was not met and explains why the decision maker reached that view, often by pointing to gaps or inconsistencies in the evidence. Our article on the partner visa refusal letter explains how the covering letter and the decision record fit together.
How do I turn the refusal reasons into a list I can work from?
A refusal is turned into a working list by writing out every adverse finding as a separate item, including small comments that the decision maker used to support the main conclusion. A finding that the couple did not live together, a comment that photographs showed only a few occasions and a remark that statements were brief are three separate items, and each needs an answer. Many refusals combine several findings into one paragraph, so a careful reading matters.
How should evidence be matched to each refusal reason?
Evidence should be matched to each refusal reason by placing, next to each finding, the explanation that answers it and the documents that prove the explanation. Where the finding concerns a gap in time, the evidence covers that period. Where it concerns an inconsistency, the evidence shows which version is correct and why the error occurred. Our article on Tribunal evidence for a partner visa explains which documents tend to carry weight, and our article on common refusal reasons shows how findings are usually expressed.
What format should my review evidence bundle take?
A review evidence bundle should be indexed, paginated and grouped by refusal reason or by relationship aspect, with each document labelled and any foreign-language document translated. A short written submission then refers to the page numbers, so the Tribunal member can move from each argument to the supporting document quickly. Large volumes of unsorted screenshots and photographs rarely help. Our article on the ART review process explains when evidence is usually filed.
What if new evidence contradicts something in the original application?
New evidence that contradicts the original application must be explained openly rather than filed without comment. The Tribunal compares everything on the file, and an unexplained difference can damage credibility more than the original gap did. Where the earlier information was wrong, the submission should say so, explain how the mistake happened and show the correct position. Where the difference raises false information concerns, our article on PIC 4020 explains the risk.
How does My Migration Lawyers organise evidence for a partner visa review?
My Migration Lawyers organises evidence for a partner visa review by building a findings table from the decision record, assigning each finding the documents and statements that answer it, and then drafting a submission that follows the same order. The firm identifies what the couple still needs to obtain, sets a timetable that fits the Tribunal's directions and checks every document for consistency with the original application. Couples can read more about the firm's work on partner visa refusals or speak with our partner visa lawyers.
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