Is There a Partner Visa Lawyer Who Handles Tribunal Appeals and Judicial Review?

What is the difference between a Tribunal appeal and judicial review?

A Tribunal appeal and judicial review are different processes. An appeal to the Administrative Review Tribunal is a merits review, so the Tribunal considers the case again, can accept new evidence and can reach its own view of the facts. Judicial review is a court process that asks only whether the decision involved legal error, such as a failure to consider a claim or a misreading of the law. Our article on partner visa judicial review explains the court process.

What does a lawyer do in a partner visa Tribunal appeal?

A lawyer in a partner visa Tribunal appeal lodges a valid review application in time, obtains the Department's file, identifies the findings that need answering, prepares evidence and written submissions, and prepares the couple and witnesses for the hearing. The lawyer also appears at the hearing and responds to any concerns the Tribunal raises. Our article on the partner visa Tribunal hearing describes what happens on the day.

When might a Tribunal decision be open to judicial review?

A Tribunal decision may be open to judicial review where the Tribunal made a legal error, such as applying the wrong legal test, failing to deal with evidence or a claim that was central to the case, denying procedural fairness or reaching a finding that no reasonable decision maker could reach. Disagreement with how the Tribunal weighed the evidence is generally not enough. Time limits for judicial review are short and strictly applied. A court that finds legal error usually sends the case back to the Tribunal to be decided again, rather than granting the visa itself, so judicial review is a route to a fresh Tribunal decision rather than a direct path to a visa.

What other options exist after a Tribunal refusal?

Other options after a Tribunal refusal can include a new partner visa application, often offshore, a request for ministerial intervention where the guidelines allow it, or another visa the applicant is eligible for. Which option is available depends on the applicant's location, visa status and history, including whether section 48 or Schedule 3 applies. Our article on appeal versus reapplication compares the main paths.

How do I choose a lawyer for a Tribunal appeal?

A lawyer for a Tribunal appeal should be chosen on their practising certificate, their focus on migration law, their experience with partner visa refusals and hearings, a clear written scope and fixed fee, and how they communicate during the review. Our article on choosing a visa appeal lawyer sets out practical questions to ask.

How does My Migration Lawyers act across the Tribunal stage and beyond?

My Migration Lawyers acts for partner visa clients at the Administrative Review Tribunal, from lodging the review through to the hearing and any remittal. Where the Tribunal affirms a refusal, the firm reads the decision for possible legal error, explains in plain terms whether judicial review may be worth pursuing and advises on the other options, including a new application or ministerial intervention where available. Couples can learn more about the firm's work on partner visa refusals and visa refusals generally.