How Do I Work Out the Deadline to Apply for Review?

Where does the review deadline for a partner visa refusal start?

The review deadline for a partner visa refusal starts from the date the applicant is taken to have received the notice of the decision, not necessarily the date written on the letter. The Migration Act sets out deemed receipt rules for each method of giving a notice. A notice sent by email is generally taken to be received at the end of the day it was sent, while a notice sent by post is taken to be received after a set number of working days, which differs depending on whether it was posted to an address in or outside Australia.

Does the deadline change if the refusal was sent to my lawyer or agent?

The deadline does not wait for the applicant to see the refusal when it was sent to an authorised recipient. Where a lawyer or migration agent is the authorised recipient, the Migration Act treats a notice given to that person as given to the applicant. A delay in passing the notice on does not extend the time. Our article on Form 956 and 956A explains who receives notices and why that matters.

Can the Tribunal extend the time to apply for review?

The Administrative Review Tribunal generally cannot extend the time limit to apply for review of a partner visa refusal. A review application lodged even a day late is usually invalid, and the refusal then stands. This is why the deadline must be checked on the day the refusal arrives, and why the review application should be lodged well before the last day. Our article on the ART review process explains the lodgement steps.

What do I need to lodge a valid review application on time?

A valid review application requires the correct applicant, lodged within the time limit, with the refusal decision identified and the Tribunal fee paid or a fee reduction requested in the way the Tribunal requires. Evidence and submissions can usually follow later. Our article on Tribunal fees for a partner visa explains how the fee works, and our article on appeal options after a refusal sets out the path once the application is lodged.

Who must apply for review, the applicant or the sponsor?

The correct review applicant depends on the type of refusal. For an onshore Subclass 820 refusal, the applicant in Australia applies. For an offshore Subclass 309 refusal, the visa applicant applies in their own name, from wherever they are. The refusal notice states who may apply. A review lodged by the wrong person can be invalid, so the name on the application matters as much as the date.

How does My Migration Lawyers confirm a partner visa review deadline?

My Migration Lawyers confirms a partner visa review deadline by checking how and when the refusal was sent, applying the deemed receipt rule for that method and cross-checking against the time limit stated in the notice. The firm then prepares and lodges the review application with a margin before the last day, so evidence can be prepared once the review is secure. Couples facing a refusal can read about the firm's work on partner visa refusals or speak with our partner visa lawyers.