Partner Visa Refusal: What Are Your Options?

A partner visa is one of the most important and personal applications in the Australian migration system. When an application is refused, the emotional and practical impact on a couple can be overwhelming. However, a visa refusal does not always mean the end of your pathway to living together in Australia.

If you have received a refusal decision from the Department of Home Affairs, the critical first step is to understand why the decision was made and identify the options available to you.

Option 1: Merits Review at the Administrative Review Tribunal (ART)

For most partner visa applications lodged while the applicant was onshore in Australia, the sponsor or applicant has the right to seek a merits review of the decision at the Administrative Review Tribunal (ART). The ART is an independent body that reviews the decision afresh, considering new evidence and arguments that were not before the original decision-maker.

Merits review is a powerful option because the Tribunal is not bound by the Department's original findings. If the Tribunal is satisfied that you meet the visa criteria (e.g. that your relationship is genuine and continuing), it can set aside the refusal and return the application to the Department with a direction to grant or reconsider the visa.