Should I Seek Review or Lodge a New Partner Visa Application?

When is Tribunal review the better choice after a partner visa refusal?

Tribunal review is often the better choice where the refusal turned on the relationship evidence and that evidence can be strengthened, where the applicant is in Australia and the bridging visa continues during review, or where a new onshore application would face section 48 or Schedule 3 problems. Review also preserves the original lodgement date. Our article on appeal versus reapplication compares the two paths in more detail.

When is a new application the better choice?

A new application is often the better choice where the refusal turned on a requirement that could not be met at the time of the first application but can be met now, such as the de facto 12-month requirement, or where the applicant is outside Australia and a fresh Subclass 309 application with stronger evidence is simpler than a review. Our article on reapplying after a refusal explains how a new application should address the earlier decision.

Can I seek review and lodge a new application at the same time?

Some applicants can seek review and lodge a new application at the same time, but the combination must be planned. A new onshore application may be limited by section 48 or complicated by Schedule 3, and an offshore Subclass 309 application generally requires the applicant to be outside Australia at grant, which affects an applicant whose review depends on staying in Australia. Our article on the section 48 bar explains when onshore applications are limited.

How does cost compare between review and a new application?

Review costs the Tribunal fee and the cost of preparing the case, while a new application costs a new visa application charge, which is AUD 11,710 for most partner visa applicants from 1 July 2026, together with new health checks and police certificates. Professional fees apply to either path. Our article on the partner visa cost explains the government charge, and our article on Tribunal fees explains the review fee.

Do adverse findings carry over into a new application?

Adverse findings from a refusal do not bind a new decision maker, but they are on the Department's records and a new application must address them. A finding under PIC 4020 about false information carries particular risk, because it can affect later applications for a period. A new application that repeats the same weaknesses is likely to meet the same result. Our article on PIC 4020 explains that risk.

How does My Migration Lawyers advise on review or a new partner visa application?

My Migration Lawyers advises on review or a new partner visa application by setting the two paths side by side for the client's specific refusal: what each path must prove, how long each is likely to take relative to the other, what it costs and what happens to the client's right to stay. The firm then gives a written recommendation and acts on whichever path the client chooses. Clients can read more about the firm's work on partner visa refusals and speak with our partner visa lawyers.