Was your partner visa refused? Do you want to know how to appeal the decision? Find out how to appeal a partner visa refusal. What are the costs and what is the best way to represent yourself.
Having a partner visa refused is very disappointing. But it is not the end of the road. It is part of the process of deciding your visa application. The most common reasons why a partner visa is refused are not meeting the relationship requirements. Not meeting health or character requirements. Failure to provide documents in time or attend health checks when requested.
Appealing against a partner visa refused at the AAT
You can appeal your partner visa refusal at the Administrative Appeals Tribunal (AAT).
Immigration will notify you of the partner visa refusal. The ‘decision record’. In the letter it will state how long you have to appeal the decision. This is 70 days from the date of the letter. This time can vary. So please read the letter carefully.
Be sure to meet this deadline to appeal the partner visa refused. Applications after this expires are not accepted. You will then need to make a new Partner visa application and pay the fees again. Remember that you must also meet the 5-year sponsorship rule. So you might not be able to apply for a while. It is faster, cheaper and easier to appeal the decision than to make a new partner visa application.
How long will it take to appeal?
It normally takes around a year until your hearing occurs. During this time you get to stay in Australia. On your bridging visa. If you want to travel overseas while you wait you should contact us because travel is not allowed on the bridging visa. We can apply for travel permission to be added.
How much will it cost to appeal my partner visa refused?
You must pay a fee of $1761. If you win the case you get half your money back. If you lose you don’t get anything back.
Will I win my appeal against my partner visa refused?
Around 65% of appeals are successful. So there is a good chance you will win.
What does it mean if I win my appeal?
When you win the appeal, the AAT sends your application back to Immigration. To re-consider the case. So, for example, if you failed to provide a police certificate. Then your police certificate arrives and you provide it. The case than goes back to Immigration. With an order to accept your police certificate. They will then move to other aspects of your partner visa application.
Winning an appeal at the AAT does not mean you get your visa. It means Immigration must reconsider. And continue the application decision process.
What does it mean if I lose?
If you lose then the partner visa refusal stands. Then you will have 30 days to leave Australia or apply for judicial review of the partner visa refused.
If your girlfriend is pregnant and has her visa refused, you might be able to keep her in Australia.
We have written a details article about pregnant girlfriend: how to have your baby in Australia.
What is judicial review?
Judicial review is a further review of the tribunal’s decision. In the court. The court will review only matters of law. To determine an error of law by the tribunal.
If you are considering a judicial review you will also need legal representation. Ensure you use a Registered Migration Agent.