How Long Does a Tribunal Review of a Partner Visa Refusal Take?

Why is there no fixed time for a partner visa Tribunal review?

There is no fixed time for a partner visa Tribunal review because each review moves at the pace of the Tribunal's caseload and the needs of the individual case. Partner visa refusals compete with many other migration reviews, and the Tribunal lists cases for hearing according to its own priorities. Reliable timeframes come from the Tribunal itself, not from estimates passed around online. Our article on the ART review process explains each stage of a review.

What stages does a partner visa Tribunal review go through?

A partner visa Tribunal review goes through lodgement, a waiting period, an invitation to a hearing, the hearing itself and a decision. Between lodgement and hearing the Tribunal may issue directions about evidence and submissions. After the hearing, the Tribunal may decide at once or reserve its decision. Our article on the partner visa Tribunal hearing describes what happens on the day.

What can make a partner visa review take longer?

A partner visa review can take longer where the applicant asks to postpone the hearing, files evidence late, changes representative close to the hearing, or where the case involves complex issues such as Schedule 3, health or character. A review can also extend where the Tribunal asks for further information after the hearing. Having the evidence ready before the hearing invitation arrives avoids many of these delays. Our article on Tribunal evidence explains what to prepare.

Can I stay in Australia while the review is decided?

A person in Australia whose partner visa application gave them a bridging visa generally keeps that bridging visa while a valid review application is pending and for a period after the Tribunal decides. The bridging visa usually carries the same conditions as before. Travel during a review needs care, because leaving Australia without the right visa can end the bridging visa. Our article on travel after a refusal explains the risks.

What happens when the Tribunal finally decides the review?

When the Tribunal decides a partner visa review, it either affirms the refusal, sets it aside and substitutes a new decision, or remits the matter to the Department with a direction. A remittal is common in partner visa cases and means the Department then completes the remaining checks, such as health and character, before the visa can be granted. Our article on appeal chances explains what affects the result without promising any outcome.

How does My Migration Lawyers use the waiting time in a partner visa review?

My Migration Lawyers uses the waiting time in a partner visa review to build the evidence the couple will need at the hearing, so the case is ready when the invitation arrives rather than rushed at the last moment. The firm keeps track of the Tribunal's directions, updates the evidence as the relationship continues and advises on work, travel and bridging visa questions while the review is pending. Couples can read more about the firm's work on partner visa refusals and the firm's principal lawyer, Weiwei Zhang.