My Partner Visa Was Refused and the Tribunal Deadline Is Close. Who Can Help Now?

What should I do first when the Tribunal deadline is close?

The first step when the Tribunal deadline is close is to confirm the exact last day for lodging, using the date and method by which the refusal was sent, and then lodge a valid review application before that day. Everything else can wait. A review application does not need the full evidence or a detailed argument at the start. Our article on the ART review process explains the lodgement steps.

Can I lodge a review before my evidence is ready?

A review can be lodged before the evidence is ready, and in an urgent case that is the right order. The Tribunal sets a timetable for evidence and submissions after the review is lodged, and the hearing usually comes later. Waiting to collect documents before lodging is the most common way a right of review is lost. Once the review is lodged, the applicant can request the Department's file, list the findings that need answering and ask witnesses for Form 888 statements in an orderly way, rather than trying to do everything in the last few days before the deadline. Our article on Tribunal evidence explains what to prepare once the review is secure.

What details are needed to lodge a valid review urgently?

An urgent review application needs the refusal notice and decision record, the applicant's full name and contact details, the Department's file or application reference number, and payment of the Tribunal fee or a request for a fee reduction in the form the Tribunal requires. The application must be made by the correct review applicant. For an offshore Subclass 309 refusal, that is the visa applicant in their own name. Our article on Tribunal fees explains the fee step.

What happens to my bridging visa if I lodge in time?

A bridging visa linked to the refused application generally continues while a valid review application is pending, so lodging in time also protects the right to remain in Australia. If the review is lodged after the deadline, it is generally invalid and the bridging visa is not preserved. Our article on the partner visa bridging visa explains how the bridging visa works after refusal.

What if the refusal went to my former agent?

A refusal sent to a former agent who was still the authorised recipient is generally treated as received by the applicant, and the deadline runs from that point. The applicant should obtain the notice from the agent or import the application into ImmiAccount without delay. Our article on changing immigration lawyer explains how a new representative takes over, and our article on urgent immigration lawyer advice lists what to have ready.

How does My Migration Lawyers act when a client's Tribunal deadline is close?

My Migration Lawyers acts on a close Tribunal deadline by working from the refusal notice on the same day: the firm calculates the deadline, confirms who must apply, prepares the review application and lodges it once the client confirms. With the review secure, the firm reads the decision record in full, obtains the Department's file and builds the evidence plan for the hearing. Clients can read about the firm's work on partner visa refusals and speak with our partner visa lawyers.