The Tribunal Refused My Partner Visa. Who Can Help With Judicial Review?

What is judicial review of a Tribunal partner visa decision?

Judicial review of a Tribunal partner visa decision is a court process that examines whether the Administrative Review Tribunal made a legal error. The court does not decide whether the relationship is genuine or whether the visa should be granted. If legal error is found, the usual result is that the case returns to the Tribunal to be decided again. Our article on partner visa judicial review explains the court process.

What counts as legal error in a Tribunal decision?

Legal error in a Tribunal decision includes applying the wrong legal test, failing to consider a claim or evidence that was central to the case, denying the applicant procedural fairness, relying on adverse information without giving a proper chance to respond, or making a decision that is legally unreasonable. A decision that the applicant believes is wrong on the facts does not, on its own, involve legal error. Many refused applicants feel the Tribunal did not believe them, but a finding about credibility is a matter for the Tribunal unless it was reached in a legally flawed way. This distinction is the reason many Tribunal refusals are not suitable for judicial review.

How is a Tribunal decision assessed for legal error?

A Tribunal decision is assessed for legal error by reading the reasons against the hearing record, the documents before the Tribunal and the legal criteria, and checking whether each step in the reasoning was lawful. The hearing recording is often important, because what the Tribunal put to the applicant at the hearing may show whether procedural fairness was given. Our article on the partner visa Tribunal hearing explains what happens at a hearing.

What options exist if judicial review is not suitable?

Options where judicial review is not suitable can include a new partner visa application, often lodged offshore, a request for ministerial intervention where the guidelines allow it, or another visa the applicant may qualify for. Which options remain open depends on location, visa status and history, including section 48. Our articles on appeal versus reapplication and the partner visa after a refusal explain the main paths.

What happens to my right to stay after the Tribunal refuses?

A person in Australia whose bridging visa continued during the review generally keeps it only for a limited period after the Tribunal's decision. Applying for judicial review does not, on its own, continue the bridging visa in the same way, so the person's lawful status must be checked at once. Our article on the partner visa bridging visa explains how bridging visas end.

How does My Migration Lawyers help after a Tribunal refusal?

My Migration Lawyers helps after a Tribunal refusal by reading the decision closely for possible legal error, explaining in plain terms whether judicial review may be worth considering and setting out the other options available to the client. The firm does not present judicial review as a second chance to argue the facts. It focuses on the path that gives the client a lawful way forward, including a new application or ministerial intervention where available. Clients can read more about the firm's work on visa refusals and partner visa refusals.