Who Can Make the Statutory Declarations Required After a Visa Refusal?

Does a partner visa refusal require statutory declarations?

A partner visa refusal does not usually require statutory declarations. The Administrative Review Tribunal accepts written statements, submissions and documents, and the couple's own account of the relationship is normally given in the relationship statement and at the hearing. Statements from friends and family are usually given on Form 888. Our article on partner visa statutory declarations explains when a statutory declaration is genuinely needed.

Who can make a Form 888 statement after a refusal?

A Form 888 statement after a refusal can be made by an Australian citizen or Australian permanent resident aged 18 or over who knows the couple and can describe the relationship from their own observation. Form 888 is a supporting statement, not a statutory declaration, and it does not need to be witnessed by an authorised witness. New Form 888 statements are often useful at review because they can describe the relationship since the refusal. Our guide on how to complete Form 888 explains what a strong statement covers.

When is a statutory declaration legally required?

A statutory declaration is legally required only in specific cases where the migration law calls for one. The most common example in partner visas is a non-judicially determined family violence claim, where the alleged victim must provide a statutory declaration meeting the requirements of regulation 1.25, together with prescribed evidence. Our article on family violence evidence for a partner visa explains the full requirements.

Who can witness a Commonwealth statutory declaration?

A Commonwealth statutory declaration can be witnessed by a person on the list of authorised witnesses in the Statutory Declarations Regulations, which includes legal practitioners, justices of the peace, police officers, medical practitioners and pharmacists, among others. The person making the declaration must sign it in the witness's presence or in the manner the rules allow. A declaration witnessed by someone not on the list may be rejected. The declaration must also be in the approved Commonwealth form, and a state or territory statutory declaration form is not a substitute where Commonwealth law requires the declaration. The person making it should read every statement carefully before signing, because the declaration may be compared with other evidence in the file and any inconsistency can damage credibility.

Can the visa applicant or sponsor make a statutory declaration?

The visa applicant or sponsor can make a statutory declaration about facts within their own knowledge, provided it is signed before an independent authorised witness. In most partner visa reviews, however, the couple's evidence is better given in a detailed relationship statement and oral evidence at the hearing. Our article on the partner visa relationship statement explains how that statement is prepared.

How does My Migration Lawyers prepare statements after a refusal?

My Migration Lawyers works out which statements a review or new application actually needs, so couples do not collect statutory declarations that serve no legal purpose. The firm drafts or reviews Form 888 statements so they answer the specific refusal findings, and prepares statutory declarations only where the law requires them, such as a family violence claim. Couples can read about our partner visa refusals and family violence work.