Written by Justin Chua, Lawyer and Mediator, Chua Tan Associates · Last reviewed November 2026
If a partner visa (subclass 820/801 or 309/100) is refused, you can usually apply to the Administrative Review Tribunal (ART) for review, but the deadline is short: generally 28 days after you receive the refusal notice, or 14 days if you are in immigration detention, and the Tribunal cannot extend it. For an onshore application (820/801), the applicant usually applies for review; for an offshore application (309/100), the Australian sponsor usually does. Whether to seek review or reapply needs to be decided quickly, based on the reasons for refusal.
Common reasons partner visas are refused
- Genuine relationship not shown: The Department was not satisfied the couple are in a genuine and continuing relationship, for example because evidence of living together, financial ties or social recognition was thin or inconsistent.
- Sponsor issues: The sponsor is not eligible or is subject to sponsorship limitations.
- Health or character: The applicant did not meet the health requirement or has character issues.
- Procedural issues: A request for further information was not answered in time, so the application was decided on incomplete material.
- Visa status for onshore applications: An onshore applicant who did not hold a substantive visa when applying may need to meet additional criteria.
The decision record sets out the specific reasons and the law applied, and it is the key document for deciding what to do next.
What is the Administrative Review Tribunal (ART)?
Since 14 October 2024, the ART has replaced the Administrative Appeals Tribunal (AAT) and conducts merits review of the Department's visa decisions. The Tribunal looks at all the evidence afresh and can affirm the decision, set it aside and send it back to the Department, or substitute a new decision. New evidence can be provided during review, which is an important factor when weighing review against reapplying.
How long do I have to apply for review?
Since the ART began, migration review deadlines have been set uniformly in the Migration Act 1958: generally 28 days after you receive notice of the decision, or 14 days if you were in immigration detention on the day you received it. The longer deadlines that applied to some offshore cases under the old system no longer apply.
The ART has made clear it has no power to extend the deadline. A late application cannot proceed, so go by the deadline stated in the refusal letter and act early.
Who can apply for review?
The refusal letter states whether the decision is reviewable and who can apply. Generally:
- Onshore partner visa (820/801): Usually the visa applicant in Australia applies.
- Offshore partner visa (309/100): The applicant is overseas, so the sponsor in Australia usually applies for review.
What happens to my bridging visa during review?
If review is applied for within the time limit, the applicant's bridging visa generally stays in effect during the review. According to the ART, if the Tribunal affirms the refusal, a bridging visa granted on or after 19 November 2016 usually ends 35 days after the Tribunal's decision. If the case is sent back to the Department, the bridging visa generally continues while it is reconsidered.
If review is not applied for in time, the bridging visa also ends after a set period, after which you may be at risk of becoming unlawful.
Should I seek review or reapply?
It depends on whether the reason for refusal can be fixed on review, and whether reapplying is possible:
- If the refusal was mainly due to insufficient evidence or an unanswered request, providing the evidence on review is often a workable path.
- A person refused onshore who does not hold a substantive visa may be affected by the section 48 bar in the Migration Act, which limits the visas they can apply for onshore. This must be assessed before reapplying.
- Offshore applicants can generally lodge a new 309 application, but must pay the visa fee again and should first fix the problem that led to the refusal.
What are ministerial intervention and judicial review?
If the ART affirms the refusal, there are two limited options. First, if the Tribunal made a jurisdictional error, you can apply to the Federal Circuit and Family Court of Australia for judicial review within 35 days of the Tribunal's decision. Second, you can ask the Minister to intervene. Ministerial intervention is a personal discretion, generally considered only where there are strong compassionate or humanitarian grounds, and should not be the first option.
Frequently asked questions
What should I do first after receiving a refusal letter?
Check the date on the refusal letter and the review deadline, keep all documents, and have an immigration lawyer review the reasons for refusal as soon as possible.
Can I stay in Australia during the review?
If you apply for review on time, your bridging visa generally stays in effect, but work rights and other conditions depend on your visa conditions.
Can we still seek review if the sponsor and applicant have separated?
Separation usually affects a core requirement of the partner visa, but special provisions can apply in situations such as family violence, so this needs to be assessed case by case.
Is there anything I can do if I missed the 28-day deadline?
The ART cannot extend the deadline. After it passes, the options are to assess reapplying, another visa or other limited pathways.
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Book a consultation with a lawyer
Chua Tan Associates has two Accredited Specialists in Immigration Law who can assess the reasons for refusal, review strategy and whether reapplying is viable. We work in Mandarin and Cantonese and offer video consultations Australia-wide. Because review deadlines are short, we recommend that as soon as you receive a refusal letter you Book a 30-minute consultation for paid advice. If you instruct us, the consultation fee is credited to your first invoice. For more information, see our Australian immigration law services and guide to visa refusals and ART appeals.
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This article is general information only and is not legal advice. Do not rely on it to make any decision; please consult a lawyer about your circumstances. Information current as at November 2026.
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