My Partner Visa Was Refused Because They Said Our Relationship Isn't Genuine. Who Can Help?

Why do decision makers find a relationship not genuine?

Decision makers find a relationship not genuine when the evidence does not satisfy them that the couple has a mutual commitment to a shared life to the exclusion of all others, or when parts of the evidence appear inconsistent. Common triggers include periods of living apart without explanation, limited joint evidence, differences between the partners' accounts and a short relationship before lodgement. Our article on the non-genuine relationship refusal explains how these findings are reached.

Can a genuine relationship refusal be overturned?

A genuine relationship refusal can be overturned at the Administrative Review Tribunal where the evidence before the Tribunal satisfies it that the relationship is genuine and continuing. The Tribunal makes its own assessment and is not bound by the Department's view. It can also hear directly from both partners and witnesses, which often matters in these cases. Our article on appeal chances explains the factors that affect a review without promising any outcome.

What evidence answers a finding that the relationship is not genuine?

Evidence that answers a non-genuine finding is evidence aimed at the specific doubts in the decision record, covering all four aspects of the relationship over time. This can include a detailed relationship statement, Form 888 statements from people who know the couple, records of living together, financial interdependence and plans for the future. Our article on preparing evidence of a genuine relationship explains how to build the record.

What if our statements were inconsistent?

Inconsistent statements should be explained directly in the review, not ignored. Many inconsistencies come from translation errors, different memories of dates or a rushed application. The explanation should identify each inconsistency, say which version is correct and why the difference arose, and point to supporting documents. Our article on conflicting statements discusses how to address this issue. A small difference that is explained honestly is rarely fatal on its own. An inconsistency that is left unexplained, or explained in a way that creates a new inconsistency, can become the main reason the Tribunal doubts the couple's account.

What happens at the Tribunal hearing on a genuineness refusal?

At the Tribunal hearing on a genuineness refusal, the member usually questions each partner about how the relationship developed, daily life, finances, family and future plans, sometimes separately. The member may put concerns to the couple and give them a chance to respond. Preparation means reviewing the file and being ready to give honest and detailed answers. Our article on the partner visa Tribunal hearing explains the format.

How does My Migration Lawyers rebuild a partner visa refused on genuineness?

My Migration Lawyers rebuilds a partner visa refused on genuineness by reading the decision record against the full application, listing every concern the decision maker raised and building an answer to each one with documents, statements and a clear chronology. The firm prepares the couple and witnesses for the hearing so their evidence is consistent and specific. Couples can read more about the firm's work on partner visa refusals or speak with our partner visa lawyers.