Partner Visa Refused / Rejected

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Partner Visa Application Refusals

There are many Partner Visa Application refusals. Reasons for this may include that the partner visa program is more comprehensive than most people who self-lodged partner visa applications imagined. As a result, we assist many people with Partner Visa Applications and refusals. We understand how important it is to live with your partner and the cost (both financially and stress related) of living apart.

Your Possible Options

If you have just received notification that your Partner Visa Application has been refused, it is important that you obtain legal advice as soon as possible. 

The urgency arises because the longer that you leave it, the less options you will have. 

Depending on your individual circumstances, possible options available to you may include:

• Accepting the refusal decision
• Re-lodging a new application
• Applying to appeal the refusal decision at the Administrative Appeals Tribunal (the Tribunal)

Tribunal (AAT) Review

The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what’s known as an invalid application and if it’s an invalid application, you will have no review rights at the Tribunal.

One of the benefits of having your matter reviewed at the Tribunal is that the Tribunal is not a part of the Department of Home Affairs who refused your partner visa application.

The Tribunal hearing is what’s known as a Merits Review and a Merits Review is basically a second chance. At a Merits Review, all the information that you have submitted that was included in the original partner visa application will be considered. Additionally, any evidence that we are able to compile for you up to and including the date of the Tribunal review hearing, will also be considered.

One of the benefits of a Tribunal hearing for a partner visa application refusal in particular, is that Tribunal hearings to review partner visa application refusals are currently taking approximately 1.5 years to be heard. This lengthy time frame allows us to assist and guide you in building your strongest case to put to the Tribunal, as all evidence up until the Tribunal hearing can be considered. For example, we can use the time that it takes to wait for the Tribunal hearing to strengthen evidence of your relationship. 

What Visa & Citizenship Lawyers will do for you if you want to appeal to the Tribunal.

Visa & Citizenship Lawyers will:

• Assess the refusal and inform you of the strengths and weaknesses of your case;
• Lodge a review application with the Tribunal;
• Inform you what information will help your case and guide you during the waiting time for the Tribunal review with preparing evidence;
• Work with you to draft detailed Statutory Declarations supported by evidence;
• Draft detailed Submissions and lodge with the Tribunal;
• Attend the Tribunal hearing with you and assist you in presenting your case before the Tribunal;
• Draft further detailed Submissions (if necessary), before the Tribunal Member has made their decision. 

Example*

Sue (an Australian citizen) living in Sydney and Ben (citizen of the UK) are married. The couple enjoy a wonderful wedding ceremony with family and friends. Sue is very competent and thinks to herself that because they have a marriage certificate, have photos of the wedding and statements from their family and friends supporting the relationship, a Partner Visa Application will be straight forward, so she prepares and lodges Ben’s Partner Visa Application herself. A year later, they receive notification of a visa refusal because the Department of Home Affairs doesn’t believe that their relationship is genuine. Sue immediately engages the services of Visa & Citizenship Lawyers who lodge a review application with the Tribunal. Visa & Citizenship Lawyers work with Sue and Ben strengthening their evidence over the course of the next year and when the matter is finally heard at the Tribunal, they are successful. Ben is granted a visa and both Sue and Ben are very relieved. 

* (Names and facts have been changed to protect the identity of clients)