Appealing a Partner Visa Refusal

A partner visa refusal can be a devastating experience, especially going through the complicated application process. However, if your visa is refused, you may have the right to appeal the decision.

Why Was Your Partner Visa Refused? 

The Department of Home Affairs may refuse a partner visa for several reasons, which typically are listed on the decision letter. These reasons may include: 

  • Insufficient evidence of meeting the 4 pillars for ongoing and genuine relationship. 

  • Visa Sponsor or applicant failed to meet character requirements such as criminal history or provided misleading information. 

  • The primary visa applicant or secondary applicant(s) has health concerns that may be a risk to the nation’s healthcare system. 

  • If the visa applicant has a history of visa refusals or cancellations

  • The visa applicant failed to meet Schedule 3 criteria and other visa requirements. 

Related:  

 

Can you appeal a Partner Visa Refusal? 

In most cases, you can appeal a partner visa refusal to the Administrative Review Tribunal (ART). Appeals are time-sensitive matters. The refusal letter will specify the deadline to lodge an appeal, which is usually 28 days from the date of the decision. Hence, we highly recommend engaging with an Accredited Specialist in Immigration Law to assist with this complex and technical matter. 

Related: What Happens If You Do Not Appeal Your Visa Refusal or Cancellation? 

 

What Can I Do If My Appeal is Unsuccessful?  

If the ART has decided to affirm the visa refusal, you have several options: request a Ministerial Intervention, seek alternative visa pathways, or consider an offshore Partner visa. Speak with one of our immigration lawyers about what you can do next.

How Can Agape Henry Crux Assist

Appealing a matter requires you to act quickly for a favourable decision. Speak with one of our Accredited Specialists in Immigration Law at Agape Henry Crux, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language. 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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