Partner Visa Refused? Here Is What You Need to Do Next.
A spouse visa or partner visa refusal is not necessarily the end of the road. Depending on your circumstances, you may have the right to apply for a merits review at the Administrative Review Tribunal (ART), where your case is assessed independently and fresh evidence can be submitted.
The deadlines for lodging a review application are strict and, in most cases, cannot be extended. If your partner visa has been refused, act immediately.
Our registered migration agents assess partner visa refusals, advise on your review rights, and prepare ART applications where a review is the right pathway.
A merits review is an independent reassessment of the decision that refused your partner visa application. It is conducted by the Administrative Review Tribunal (ART), an independent federal body established under the Administrative Review Tribunal Act 2024.
The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. All partner visa merits review applications are now lodged with and heard by the ART.
A merits review is not the same as a court appeal. The ART does not look only at whether a legal error was made but reassesses the case on its own view of the facts and the law, standing in the shoes of the original decision maker. You can submit new evidence the Department of Home Affairs never saw, address inconsistencies the Department identified and provide additional relationship evidence that strengthens the application. The ART can reach a completely different conclusion from the Department's original decision.
Not every partner visa refusal carries review rights. Your refusal letter will state whether review rights exist and the applicable deadline for lodging.
Understanding why your application was refused is the first step in assessing whether a review or a fresh application is the right pathway. The most common reasons for spouse visa and partner visa refusals include:
Insufficient relationship evidence
The application did not provide adequate evidence across one or more of the four relationship categories: financial, household, social, and commitment. The Department assessed the relationship as not genuine or not continuing.
Inconsistencies between statements
The applicant's statement and the sponsor's statement contained inconsistencies in dates, timelines, living arrangements, or descriptions of the relationship. The Department identified these inconsistencies as undermining the credibility of the application.
Sponsor eligibility issues
The sponsor did not meet the eligibility requirements under the Migration Regulations 1994 (Cth), including sponsorship limits, character requirements, or other prescribed criteria.
Character or health requirements not met
The applicant or sponsor did not satisfy the health or character requirements at the time of the decision.
Procedural issues at lodgement
The application was incomplete, key documents were missing, or requests for further information from the Department were not responded to adequately or within the required timeframe.
Our registered migration agents review the Department's reasons for refusal and advise on which of these issues can be addressed through a merits review and which may be better addressed through a fresh application.
ART Application Fee
The standard fee for lodging a merits review application at the Administrative Review Tribunal for a migration decision is AUD $3,727, current from 1 July 2026. This fee is indexed annually on 1 July.
The fee must be paid at lodgement. The ART will not commence the review until the fee is paid.
A fee waiver may be available for genuine financial hardship. This must be requested at the time of lodgement.
If the ART sets aside the refusal or substitutes a new decision in your favour, half of the application fee is refunded.
Please note: Application charges are reviewed and typically adjusted by the Administrative Review Tribunal each July. The figures above reflect the 2026–27 financial year. If you are reading this page after 1 July 2027, some charges may have changed. We recommend confirming current fees on the ART’s website or contacting us directly before you budget for your application.
Professional Fees
Our registered migration agents charge a professional fee for assessing your refusal, advising on your review rights, and preparing your ART application. This is separate from the ART application fee. Our fees are confirmed in full before you commit to anything, and we offer flexible payment plans to help you manage the cost of your review application.
ART processing times vary depending on the complexity of the case and the Tribunal's current caseload. Based on data published by the ART for the period October 2025 to March 2026:
- 50% of migration review applications are finalised within approximately 18 months of lodgement
- 95% are finalised within approximately 34 months of lodgement
Partner visa reviews are among the more complex migration reviews and may take longer than simpler visa categories.
For the most current processing time estimates, visit the Department of Home Affairs Global visa processing times page.
Please note: Processing times are published by the ART as estimates and are updated periodically. The figures above reflect data available in early 2026. Actual processing times vary depending on the complexity of the application, the completeness of evidence provided, and the Tribunal's caseload at the time of the review. These figures are a guide only and are not a guarantee of when your review will be finalised.
We prepare your written submission addressing the Department's reasons for refusal and build your updated evidence file to address the gaps the Department identified in your spouse visa application.
We prepare you for the ART hearing, including the questions likely to be put to you and your sponsor, and the evidence the Tribunal will focus on.
We manage all correspondence with the ART and the Department from lodgement through to the Tribunal's decision.
Explore Other Partner Visa Services
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For couples where the applicant is in Australia at the time of lodgement.
Subclass 820
Temporary Partner Visa
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Subclass 801
Permanent Partner Visa
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OFfshore Partner
Visa Pathways
For couples where the applicant is outside Australia at the time of lodgement.
Subclass 309
Temporary Partner Visa
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Subclass 100
Permanent Partner Visa
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Prospective
Marriage Visa
For engaged couples where the applicant is outside Australia.
Subclass 300
Prospective Marriage Visa
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Additional Partner Visa Services
For LGBTIQ+ applicants, family violence matters, and partner visa refusals.
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Partner Visa Provisions
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Refusals
Merits Review
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LGBTIQ+
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Spouse Visa News and Updates
Financial, household, social, and commitment. Every category matters. Here is what a decision-ready evidence file looks like across all four.
Most Australians search for a spouse visa. Here is what it's actually called, which subclass applies to you, and how to apply.
Not married but in a genuine relationship? The partner visa pathway is open to you. Here is what the Department looks for in a de facto application.
One application covers both stages. Here is how the temporary and permanent stages work and what changes between them.
Most de facto couples must meet a 12-month requirement before lodging. Here is what counts, what does not, and when exceptions apply.
A refused partner visa application is not necessarily the end. Here is what merits review involves and what you need to know before you apply.
Processing time estimates are updated monthly. Here is what the latest Department data means for onshore and offshore applicants right now.
Explore More Articles
What Is the Difference and Why Does It Matter?
One application covers both stages. Here is how the temporary and permanent stages work and what changes between them.
What the 12-Month Rule Actually Means
Most de facto couples must meet a 12-month requirement before lodging. Here is what counts, what does not, and when exceptions apply.
What Are Your Options at the Administrative Review Tribunal?
A refused partner visa application is not necessarily the end. Here is what merits review involves and what you need to know before you apply.
What the 2026 Data Shows
Processing time estimates are updated monthly. Here is what the latest Department data means for onshore and offshore applicants right now.
Frequently Asked Questions
How long do I have to lodge an ART review after a partner visa refusal?
It depends on your circumstances. For most onshore partner visa refusals the deadline is 28 days from the date of the decision. For applicants in immigration detention it is 14 days. The deadline runs from the date of the decision, not the date you received the letter. Your refusal letter states the deadline that applies to you. In most cases the ART cannot extend this deadline.
Can I submit new evidence at the ART that the Department never saw?
Yes. One of the key advantages of a merits review is that you can submit new evidence at the ART stage. The Tribunal is not restricted to what the Department originally considered. New relationship evidence, updated financial records, witness statements, and other documents can all be submitted.
Will I be able to stay in Australia while my review is pending?
If you were onshore when the refusal was made and you lodge your ART application within the deadline, you will generally receive a bridging visa allowing you to remain lawfully in Australia during the review. Work rights depend on the conditions attached to your bridging visa, not automatic.
What happens if the ART affirms the refusal?
If the ART affirms the refusal, the decision stands. You may apply for judicial review at the Federal Circuit and Family Court of Australia within 35 days of the ART decision. Judicial review is limited to questions of law, not fresh merits. You may also consider a fresh partner visa application depending on your circumstances.
Is a merits review the same as a court appeal?
No. A merits review at the ART is an independent reassessment of the decision on the facts and the law. The ART can substitute a new decision. A court appeal is limited to legal error. The ART is the appropriate first step for most partner visa refusals.
What if my refusal letter says I do not have review rights?
Not every partner visa refusal carries review rights. If your refusal letter states that no review rights exist, contact us immediately. Judicial review at the Federal Circuit and Family Court of Australia may still be available within 35 days if a legal error was made.
Do I need a registered migration agent to lodge an ART application?
You are not legally required to use a registered migration agent. Given the strict deadlines, the complexity of the submissions required, and the consequences of getting it wrong, most applicants benefit significantly from professional preparation.
What does it cost to lodge an ART application?
The standard ART application fee for a migration review is AUD 3,727, current from 1 July 2026. A fee waiver may be available for genuine financial hardship. If the review succeeds, half of the fee is refunded. Professional fees for preparing the application are separate and confirmed before you commit to anything.
Trusted Australian migration experts helping individuals and families build their future in Australia.
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Address
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