My Partner Visa Was Refused After a Missed Request for Information. Who Can Help?

Can a partner visa refused after a missed request still be fixed?

A partner visa refused after a missed request can often still be fixed through merits review at the Administrative Review Tribunal. The Tribunal makes a fresh decision on the evidence before it at the time of its decision, so documents the Department never received can be provided to the Tribunal. Where the only problem was missing information, a well-prepared review can address it directly. Our article on partner visa refused legal help explains why acting quickly matters.

How long do I have to apply for review?

The time to apply for review is short and strictly applied, and it runs from when the refusal is taken to be received, not when it was read. The refusal letter states the period and how to apply. The Tribunal generally cannot accept a late application for review of a partner visa refusal, so the date must be confirmed the day the refusal arrives. Our article on the partner visa refusal letter explains where to find it.

What if my agent received the request and did not tell me?

If an agent received the request and did not tell the applicant, the request is still treated as given to the applicant, and so is any refusal sent to the agent. That makes it urgent to check exactly when the refusal was sent, because the review period may already be running. The applicant can import the application into ImmiAccount and seek the Department's file to see what was sent and when, as explained in our article on the partner visa FOI request.

What evidence should go to the Tribunal?

The evidence that should go to the Tribunal is everything the original request asked for, plus evidence that answers each reason given in the refusal decision. Updated relationship evidence is also important, because the Tribunal considers whether the relationship is genuine and continuing at the time of its own decision. Our article on partner visa ART evidence explains how to prepare it, and our guide to the partner visa ART review process explains each stage.

Is review or a new application better after a missed request?

Review or a new application can be better after a missed request depending on the reasons for refusal, where the applicant is, and whether a new application is possible at all. An onshore applicant without a substantive visa may face Schedule 3 criteria on a new application, which review of the original application may avoid where that application was lodged while the applicant held a substantive visa. Our article on partner visa appeal versus reapplication compares the two paths.

How does My Migration Lawyers act on a refusal caused by a missed request?

My Migration Lawyers acts on a refusal caused by a missed request by first confirming the review deadline and, where time allows, lodging the review application promptly so the right to review is protected. The firm then reconstructs what the Department asked for, obtains the missing material, and builds a submission that answers every refusal reason rather than only the missing documents. Applicants can ask the firm's partner visa refusals team for an assessment, and more information on review work is on our visa refusals page.