How Do I Understand the Reasons in My Partner Visa Refusal Letter?

What parts make up a partner visa refusal letter?

A partner visa refusal letter usually has two parts: a short notification letter and a longer decision record. The notification letter states that the visa has been refused, sets out review rights and explains what happens to any bridging visa. The decision record, sometimes called the decision and reasons, contains the legal analysis. Our article on the partner visa refusal letter walks through a typical layout.

How do I find which criterion my partner visa failed?

The criterion a partner visa failed is identified in the decision record by its clause, regulation or section number, such as a Schedule 2 clause about the relationship, a Schedule 3 criterion, a public interest criterion such as PIC 4020, or the health requirement. The decision record usually lists every criterion considered and states which were met and which were not. Applicants should focus on the criteria that were not met, because those are the issues any review or new application must answer. Our article on common refusal reasons explains the criteria that most often appear.

What is the difference between findings and reasons in a refusal letter?

Findings in a refusal letter are the facts the decision maker accepted or rejected, while reasons explain how those findings led to the legal conclusion. A finding might be that the couple lived at different addresses for a period. The reason might be that, given this finding and the limited joint evidence, the decision maker was not satisfied the relationship is genuine and continuing. Separating the two shows whether the problem is missing evidence, disputed facts or the way the law was applied.

Why does it matter when a criterion must be met?

The timing of a criterion matters because criteria assessed at the time of application cannot usually be fixed by later events, while criteria assessed at the time of decision can be met by evidence produced on review. A relationship criterion is generally assessed at the time of decision, so new evidence can help. The de facto 12-month requirement under regulation 2.03A is tied to the date of application. Our article on appeal options after a refusal explains how timing shapes the choice of path.

What does the refusal letter say about review and bridging visas?

The refusal letter states whether the decision can be reviewed by the Administrative Review Tribunal, who may apply, the time limit and how the deadline is calculated. It also explains what happens to any bridging visa. Review deadlines are short and strictly applied, so this section must be read on the day the letter arrives. Our article on the partner visa bridging visa explains what a refusal means for a person in Australia.

How does My Migration Lawyers read a partner visa refusal letter for clients?

My Migration Lawyers reads a partner visa refusal letter by confirming the deadline first, then mapping each criterion that was not met to the findings behind it and testing whether those findings can be answered with evidence, argument or a different visa path. The firm explains the result to the couple in plain English and recommends review, a new application or another option. Couples can learn more about the firm's work on partner visa refusals and visa refusals generally.