Partner Visa Appeals
If your Partner Visa has been rejected or cancelled, don’t give up hope.
Our principal lawyer Daniel Moya has many years experience practicing migration law and has successfully represented applicants at the Tribunal. He personally manages each file and represents clients at the Tribunal hearing. If you need to appeal a partner visa rejection, book a free 15 minute telephone call with Daniel Moya to explore your options or leave your details via our Contact page to request a call back.
There are a wide range of reasons that an adverse decision might be made against you. The Administrative Appeals Tribunal is an independent body from the Department and will conduct a ‘'fresh’’ review of your application. The Tribunal will be required to apply the same law, but has the added advantage of hearing from you in person and can receive further evidence and documentation addressing the reasons for the refusal.
The Tribunal process can take several years to resolve but it’s vital to take action on your appeal quickly and to be very thorough. How the Tribunal conducts your appeal has a significant influence on the outcome, so your chances of success are greatly improved by engaging a migration lawyer to manage this process for you.
We can assist you with all types of Australian Partner Visa Appeals.
Onshore Partner Visas – 820 & 801
Offshore Partner Visas – 309 & 100
Prospective Marriage Visa – 300
Child Visa – 445
New Zealand Citizen Family Relationship Visa – 461
How it works.
For you peace of mind, we charge a fixed price fee to support your Partner Visa Appeal, starting at $5,500.
Send through your decision to our principle lawyer Daniel Moya and then meet with him in an initial consultation ($250 fee) to discuss the best way forward from there – what went wrong and how we can fix it.
We will then lodge an appeal on your behalf and represent you at the Administrative Appeals Tribunal.
Frequently Asked Questions.
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A $3,153 application fee is payable to the Tribunal for lodging an application for review. A reduced fee is available in some circumstances.
If you are appealing a protection visa refusal, a fee of $1,940 is payable if your appeal is unsuccessful.
Our professional fee to represent you in your Administrative Appeals Tribunal appeal of a Partner visa refusal start at $5,500 and $6,600 for a protection visa matter. Our professional fees for other AAT matters can be provided upon request.
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The tribunal publishes the average processing times for finalising matters on review. A review of partner visa refusal is currently taking 907 days from lodgment to finalisation. The tribunal also has the power to (favourably) finalise a matter without a hearing, commonly referred to as ‘on the papers’. This approach can be beneficial for applicants who had their partner visa application refused because of a lack of evidence but are now in a position to prove the ongoing nature of their relationship.
The President of the Tribunal has also published a Direction explaining how cases are prioritised and dealt with.
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The time limits for lodging your review application are strict and onerous. Because of this complexity, sometimes the Department makes inadvertent errors when notifying you of your visa refusal and appeal rights. In these circumstances, errors in the notification can be advantageous to you.
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There are many practical steps you can take to prepare such as gathering the new evidence that you have obtained about your relationship.
You can request a copy of the documents that the Tribunal will consider as part of your review – pursuant to section 362A of the Migration Act 1958 - and it can often be a useful way to have a complete copy of the evidence you provided and other documents considered by the Department when reaching the decision to refuse your visa. The Tribunal’s website contains more information about making a request for your information.