Partner Visa Refused: Your Review Rights, Deadlines and Next Steps

A partner visa refusal is stressful, but in many cases it is not the end of the road. What you can do next depends on which visa was refused, where the applicant was at the time, and how quickly you act. This guide explains review rights for the 820 and 801 and the 309 and 100, the deadlines, and what happens to your bridging visa.

Who can apply for review

Refused visa	Who applies	Where they must be
820 (onshore)	The applicant	In Australia when lodging the review
801 (onshore)	The applicant	In Australia when lodging the review
309 refused while the applicant is outside Australia	The Australian sponsor	In or outside Australia
100 refused while the applicant is outside Australia	No review right for a combined 309/100 applicant	Not applicable
100 refused while the applicant is in Australia	The applicant	In Australia at the decision and when lodging

When an 820 is refused, the linked 801 is refused too, and the same happens with a 309 and its linked 100. Your refusal letter will say whether the decision can be reviewed. Read it carefully. See ART review of visa decisions.

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The deadline is strict

Count the days from the day you are notified. For most partner visa refusals, the review application must reach the ART within 28 days of notification, or 14 days if the applicant is in immigration detention. The Tribunal has no power to accept a late application. Notification rules decide when you are taken to have received the letter, so act as soon as you receive it.

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Your bridging visa after a refusal

• No review lodged: a Bridging Visa A linked to the partner application generally ends 35 days after the refusal decision, counted from the decision date.
• Review lodged in time: the bridging visa continues while the review is decided, and generally ends 35 days after the Tribunal decides, unless the case is sent back to the Department.
• Withdrawing: if you withdraw the application or the review, the bridging visa generally ends 28 days later.
• Court action: a bridging visa does not automatically continue into judicial review. A new bridging visa is needed, and timing is critical.

See Bridging Visa A.

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If the Tribunal sends the case back

If the ART sets aside an 820 refusal and sends it back, Department policy is to give the 801 priority and to follow the Tribunal’s findings on the relationship unless there is significant new evidence.

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Review or reapply?

• Review keeps your existing application alive and lets you add new evidence. It may suit cases where the refusal turned on evidence. Get advice.
• A new onshore application may be possible, because a partner visa is one of the visas you can still apply for in Australia after a refusal. People without a substantive visa face extra Schedule 3 criteria. See Schedule 3 and section 48 for partner visas.
• An offshore 309 is another option for someone outside Australia, but it is a new application with a new charge.
• Ministerial intervention is generally only available after a Tribunal decision, in limited cases. See ministerial intervention.

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Common refusal reasons

• not enough evidence across the four aspects of the relationship;
• a sponsorship problem, such as a limit on how many partners the sponsor can sponsor;
• Schedule 3 criteria not met for someone without a substantive visa;
• health or character requirements not met.

See the four main aspects of the relationship and limits on partner visa sponsorships.

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What you should do now

• Diarise the deadline today: count 28 days from notification, and do not wait until the last week.
• Read the reasons carefully: they show what evidence you need for the review.
• Check your bridging visa: know when it ends if you do not lodge.
• Get advice quickly: the right choice between review and reapplying depends on the reasons.