If the Tribunal Sends My Case Back, Will My Visa Be Granted?

What does it mean when the Tribunal sends a partner visa case back?

A Tribunal sending a partner visa case back, called remittal, means the Administrative Review Tribunal has set aside the refusal and returned the application to the Department to be decided again with a direction. The direction usually states that the applicant meets one or more criteria, most often the criterion that the couple is in a genuine and continuing relationship. Our article on the ART review process explains where remittal fits in a review.

Why does the Tribunal remit instead of granting the partner visa?

The Tribunal remits instead of granting the partner visa because the Department refused on a particular ground and never finished assessing the other criteria. Health examinations, police certificates and identity checks may be incomplete or out of date. The Tribunal decides the issue that caused the refusal and leaves the remaining checks to the Department, which has the systems to complete them. The Department is bound by the Tribunal's direction on the question it decided, so it should not refuse again on the same finding unless the circumstances have materially changed. It can, however, refuse on a different criterion if the evidence supports that, which is why the remaining checks deserve the same care as the review itself.

What can still stop a partner visa grant after remittal?

A partner visa grant can still be stopped after remittal if the applicant does not meet a criterion that the Tribunal did not decide. Common examples are the health requirement, the character requirement, PIC 4020 concerns about false information and, for some applicants, outstanding debts to the Commonwealth. A change in the relationship, such as separation, can also affect the outcome. Our articles on health requirements and character requirements explain these criteria.

What should we do after the Tribunal remits our partner visa?

After a Tribunal remittal, the couple should make sure the Department has current contact details, respond quickly to any request for health examinations or police certificates, and update the relationship evidence if the Department asks. Updated evidence may be needed because time has passed since lodgement. A section 56 request after remittal is normal, and our article on the section 56 request explains how to answer it within the deadline.

Does remittal affect the two-stage partner visa process?

A remittal of a Subclass 820 refusal returns the temporary stage to the Department. Once the Subclass 820 is granted, the permanent Subclass 801 is generally assessed two years after the original lodgement, and in some cases both stages are decided close together because time has already passed. Our article on the partner visa two-stage process explains how the stages connect.

How does My Migration Lawyers manage a partner visa case after remittal?

My Migration Lawyers manages a partner visa case after remittal by reading the Tribunal's direction closely, confirming which criteria the Department must still assess and preparing the client for each remaining check before the Department asks. The firm monitors the application, answers requests promptly and raises any delay or error with the Department. Couples can read about the firm's work on partner visa refusals and on the Subclass 820 visa.