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.
Key points
- Most partner visa refusals can be reviewed by the Administrative Review Tribunal (ART).
- The deadline is generally 28 days after you are notified, or 14 days if you are in immigration detention.
- The Tribunal cannot extend the deadline, so a late application is invalid.
- Where a 309 is refused while the applicant is outside Australia, the sponsor applies for review. For an onshore 820, the applicant applies and must be in Australia.
- A Bridging Visa A usually ends 35 days after the refusal if no review is lodged.
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.
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.
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.
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.
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.
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.
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.
Frequently asked questions
How long do I have to appeal a partner visa refusal?
Generally 28 days from when you are notified, or 14 days if you are in immigration detention. The Tribunal cannot extend this.
Who applies for review of a 309 refusal?
The Australian sponsor applies for review when the 309 is refused while the applicant is outside Australia.
Can I stay in Australia after my 820 is refused?
Your bridging visa usually continues for 35 days after the decision, or while a review is pending if you lodge one in time.
Can I reapply for a partner visa after a refusal?
Often yes, as a partner visa can still be applied for in Australia after a refusal, but extra criteria may apply. Get advice first.
Is there review for a refused 100 visa?
Not if you applied for the 309 and 100 together and were outside Australia when the 100 was refused.
Related guides
- 820 and 801 partner visa
- Offshore partner visa (309 and 100)
- ART review of visa decisions
- Schedule 3 and section 48
- Bridging Visa A
- Ministerial intervention
Has your partner visa been refused? Book a consultation with one of our registered migration agents.
This article is general information only and is not legal advice for your situation.







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