Partner Visa Refusal / Appeal

Being refused an Australian partner visa can be one of the most stressful and emotionally draining experiences for couples trying to build a life together. Whether it’s a temporary setback or a serious issue, a refusal doesn’t have to mean the end of your journey. 

At Partner Visa Planners, we focus exclusively on partner visas. We help couples understand what went wrong, what options are available, and how to move forward with clarity and confidence.

Common Reasons Partner Visas Are Refused 

Visa refusals are usually not random. The Department of Home Affairs provides specific reasons for every refusal, which can vary based on your visa subclass (820/801 or 309/100), the evidence you provided, and your personal circumstances.

Some of the most common reasons for refusal include:

• Not enough evidence of a genuine and ongoing relationship

The partner visa process places significant emphasis on proving your relationship is real and committed. If your evidence didn’t show shared finances, cohabitation, or mutual commitment, your visa may be refused.

• Inconsistencies in your application

Contradictory statements, mismatched timelines, or conflicting documents can raise red flags—even if unintentional. Consistency across forms, statements, and supporting material is crucial.

• Missing documents or incomplete responses

Failing to provide requested documents or not responding to further information requests (s56 letters) can result in automatic refusal.

• Failure to meet health or character requirements

If either partner has a criminal history or fails health checks, the visa may be refused unless a waiver is granted.

• Lack of legal eligibility

For example, lodging an onshore visa while holding a visa with no further stay conditions, or not meeting de facto relationship length requirements, can lead to ineligibility.

The refusal letter from the Department is not always easy to interpret, but it holds vital information:

• The exact reasons for the refusal
• Whether you have a right to review (appeal)
• The deadline by which you must take action
• Whether you can stay in Australia while pursuing your options

Our first step is always to review this letter in detail and explain it to you in plain English, so you understand exactly where you stand.

Depending on your circumstances, you may be able to challenge the refusal, lodge a new application, or explore alternative visa pathways. Here's what each of those involves:

OPTION 1: Lodge an Appeal with the ART

If your partner visa was refused while you were in Australia, and you had the right to have the decision reviewed, you may be able to appeal to the Administrative Review Tribunal (ART).

The ART can:

• Re-examine your case from the beginning
• Consider new evidence not submitted in your original application
• Overturn the original decision if they are satisfied the visa criteria are met

However, this is a legal process and not simply a second application. You’ll need to:

• Meet strict deadlines (usually 21 days from the date of refusal)
• Prepare written submissions and evidence
• Possibly attend a hearing
   

We assist with ART appeals by reviewing your case, identifying weak points, and strengthening your evidence to give your appeal the best possible chance of success.

If an appeal isn’t available, or if the issues with the original application were significant, starting fresh with a new, well-prepared partner visa application may be the best option.

A new application can give you the opportunity to:

• Correct previous mistakes
• Add stronger and more consistent relationship evidence
• Meet any criteria that were previously not satisfied (e.g. relationship duration)
   

We carefully go over your original case to ensure your new application is built on a solid foundation—this includes timelines, documents, statements, and a clear strategy.

Option 3: Explore Other Visa Options

If a partner visa is not immediately possible, we can also explore whether you’re eligible for any other visa type in the meantime, while you work toward a stronger partner visa case.

This could include:

• Visitor visas (if offshore and wishing to spend time with your partner in Australia)
• Student visas or other temporary options (depending on eligibility)
• Long-term partner visa planning if there are complex issues (e.g. prior refusals, relationship timing)

Partner visa refusals are often avoidable. In many cases, they happen because applicants:

• Didn’t fully understand what was required
• Received generic advice from agents unfamiliar with partner visas
• Relied on templates or DIY guides that didn’t reflect their unique relationship
   

At Partner Visa Planners, we only do partner visas—nothing else. That means we know how to:

✔ Understand and interpret refusal letters
✔ Advise if you should appeal, reapply, or change strategy
✔ Build a strong, compelling narrative for your relationship
✔ Prepare detailed, well-evidenced applications that meet legal and policy standards

We offer practical, honest advice—and we're committed to helping couples reunite or stay together in Australia.