Why Was Our Relationship Questioned Despite Strong Evidence?

Why does strong evidence not always satisfy the Department?

Strong evidence does not always satisfy the Department because a case officer weighs the whole application, and one serious inconsistency can outweigh a large volume of documents. The Department asks whether the relationship is genuine and continuing, and a doubt about credibility affects how every other document is read. Our article on how much evidence a partner visa needs explains why quality and consistency matter more than quantity.

What inconsistencies commonly cause the Department to question a relationship?

The inconsistencies that commonly cause the Department to question a relationship are differences in dates, addresses and events between the partners' statements, Form 888 statements, interview answers and documents. A meeting date that differs between two accounts, or a lease that shows a different address, can be enough. Our article on conflicting statements explains how these differences arise and how they can be explained.

Can earlier visa applications cause doubts about our relationship?

Earlier visa applications can cause doubts about a relationship when they contain information that does not match the partner visa. A visitor or student visa application that described the applicant as single, or did not mention the partner, may be read as evidence that the relationship began later than claimed. Our article on an undeclared relationship explains how the Department treats this issue and how a response can address it honestly.

Can information from other people affect how our relationship is assessed?

Information from other people can affect how a relationship is assessed, including information from former partners, family members or anonymous tip-offs. Where that information would be the reason, or part of the reason, for refusal, section 57 requires the Department to put it to the applicant for comment. Our article on section 57 adverse information gives common examples of information the Department relies on. The applicant can then correct, explain or rebut the information before the Department makes its decision.

What happens after the Department questions our relationship?

After the Department questions a relationship, it usually sends a request for further information or a natural justice letter inviting comment within a short deadline. The response is often the most important document in the application, because it is the couple's chance to deal with the concern directly before a decision. Our articles on the section 56 request and the section 57 natural justice letter explain how to respond.

What if the partner visa is refused as not genuine?

If a partner visa is refused because the Department is not satisfied the relationship is genuine, review may be available at the Administrative Review Tribunal within a strict time limit. The Tribunal considers the case afresh and can take new evidence. Our article on a non-genuine relationship refusal explains the reasons the Department commonly gives.

How does My Migration Lawyers respond when the Department doubts a relationship?

My Migration Lawyers responds when the Department doubts a relationship by first identifying the precise concern, which is often narrower than the couple fear, and then gathering the evidence and explanations that answer that concern directly. The firm reviews the full file, including earlier visa applications, so the response does not create new inconsistencies. Couples facing doubts, or a refusal, can speak with our partner visa refusal team before their deadline passes.