When Does My Review Deadline Start If the Refusal Went to My Agent?

Does a refusal sent to my agent count as notice to me?

A refusal sent to an applicant's agent counts as notice to the applicant when the agent is the authorised recipient for the application. Section 494D of the Migration Act provides that giving a document to the authorised recipient is taken to be giving it to the applicant. This is why the Department sends refusal letters to the representative named on Form 956 or Form 956A. Our article on the partner visa refusal letter explains what the letter contains.

When is a refusal emailed to my agent taken to be received?

A refusal emailed to an agent is generally taken to be received at the end of the day it was transmitted, under the deemed receipt rules in section 494C of the Migration Act. Other methods, such as post, have different deemed receipt periods. The review deadline is counted from the deemed receipt date, so applicants should ask their agent for the original email showing the date and time it was sent.

What if my agent told me about the refusal late?

If an agent told the applicant about the refusal late, the review deadline is still counted from the date of deemed notification to the agent. The delay does not usually extend the time limit. The applicant should act on the basis that time has been running since the agent received the letter, and get advice immediately. Applicants who change representative during processing should also make sure the Department has been told, because letters can continue to go to a former agent who is still recorded as the authorised recipient. Keeping the authorised recipient details current is one of the simplest protections against a lost review right. Our article on partner visa refused appeal options explains what can be done while time remains.

Can a defective notice change when the deadline starts?

A defective notice can change when the deadline starts, because the time limit only begins once the refusal has been notified in the way the law requires. If the letter did not correctly state the review rights or the time limit, or was sent to someone who was no longer authorised, the notification may not have been effective. This is a technical legal question that needs a careful look at the letter and the Form 956 history. A partner visa FOI request can show exactly what the Department sent and to whom.

How do I find out exactly when the refusal was sent?

An applicant finds out exactly when the refusal was sent by asking the agent for the original email from the Department, checking the correspondence in ImmiAccount and, if needed, requesting the Department's file. Our article on partner visa ImmiAccount online applications explains how to see the correspondence linked to an application.

How does My Migration Lawyers handle a refusal that went to another agent?

My Migration Lawyers starts by fixing the deemed notification date from the Department's email and the authorised recipient records, because the advice on everything else depends on that date. Where time remains, the firm prepares and lodges a valid review application promptly and takes over as the authorised recipient. Applicants can read more about our partner visa refusals work and speak with our partner visa lawyers.