A partner visa refusal letter is not the end of the application. In most cases it is the start of a second decision, made by a different body, on evidence you are allowed to update. But the letter carries one date that cannot be moved, and the first thing to do is find it.
This article covers a refusal of a subclass 820 (onshore) or subclass 309 (offshore) partner visa. It explains:
- what the refusal means;
- who can ask the Administrative Review Tribunal (ART) to look at it again;
- the deadline and fee;
- what happens to your bridging visa;
- what the Tribunal actually decides; and
- what follows each possible outcome.
The two partner visas themselves are explained on our 820/801 page and 309/100 page.
Verified against the Migration Act 1958, Compilation No. 172 (C2026C00461, in force 8 October 2026), sections 5CB, 5F, 48, 338, 347 to 351 and 477, the Migration Regulations 1994, Compilation No. 289 (F2026C01017, in force 2 October 2026), and the Administrative Review Tribunal Act 2024, Compilation No. 5 (C2026C00202, in force 18 May 2026).
Why partner visas get refused
The refusal letter names the criterion the delegate found was not met. That criterion decides what the review is about, so read it before anything else. These are the grounds we see most.
| Ground | Where it comes from | What it usually means in practice |
|---|---|---|
| Relationship not genuine and continuing | Sections 5F(2) (spouse) and 5CB(2) (de facto partner) of the Act both require "a mutual commitment to a shared life ... to the exclusion of all others" and a relationship that "is genuine and continuing" | The evidence did not persuade the delegate across finances, household, social recognition and commitment. This is the most common ground and the one most open to fresh evidence |
| Schedule 3 | Clause 820.211(2)(d)(ii): an applicant who does not hold a substantive visa must satisfy Schedule 3 criteria 3001, 3003 and 3004 "unless the Minister is satisfied that there are compelling reasons for not applying those criteria" | The applicant was unlawful or on a bridging visa when they applied, and the compelling-reasons argument did not succeed. Onshore 820 only. See our Schedule 3 and partner visas guide |
| Sponsor limitation | Regulation 1.20J: sponsorship must not be approved where the sponsor has already sponsored two partners, or sponsored one within the last five years, or was themselves sponsored as a partner within five years, unless there are "compelling circumstances affecting the sponsor". Clause 820.221A requires the sponsorship to be approved | The sponsor's own history blocked approval of the sponsorship |
| Public interest criterion 4020 | Clause 820.226 requires PIC 4020. PIC 4020(1) is failed where there is evidence that a bogus document or information "false or misleading in a material particular" was given to the Minister, an officer, or the ART during the review | A document or statement was found to be false. This ground has a 3-year consequence for later applications under PIC 4020(2), and a 10-year one for identity under 4020(2B) |
| Health or character | Clause 820.223 requires PICs 4001 (character test) and 4007 (health) for the primary applicant, among others | A health condition that could not be waived, or a character concern. The subclass 309 carries equivalent clauses in Division 309.22 |
Each ground is a different review. A relationship refusal is about evidence. A Schedule 3 or sponsor-limitation refusal is about whether a discretion should have been exercised. A PIC 4020 refusal is about a specific document. Knowing which one you have tells you what the Tribunal will spend its time on.
Who can ask the ART, and from where
This is where the onshore and offshore visas part ways, and where a lot of older articles are now out of date.
| Refused visa | Is it reviewable? | Who lodges the review | Where they must be |
|---|---|---|---|
| Subclass 820 (onshore) | Yes. Section 338(2) of the Act covers a refusal of a visa that could be granted onshore, applied for onshore | The visa applicant, under section 347A(1)(a) | Section 347A(2): the applicant must be "physically present in the migration zone when the application for review is made" |
| Subclass 309 (offshore) | Yes. Regulation 4.02(4)(saa) prescribes "a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa" as a reviewable migration decision under section 338(9) | The visa applicant, under regulation 4.02(5)(raa) read with section 347A(1)(d) | No presence rule. Section 347A(2) applies only to decisions under subsections 338(2), (3), (3A) and (4), and a 309 refusal is not one of them |
Two points about the 309 row, because the search phrase "309 refused no review right" is common and wrong.
First, there is a review right. The Regulations list the 309 refusal by name.
Second, older guidance says the Australian sponsor must lodge the review, under section 338(5). That subsection is still in the Act. But it is built for visas that "could not be granted while the non-citizen is in the migration zone". Clause 309.412 now says a 309 applicant "may be in or outside Australia when the visa is granted". So the 309 does not sit comfortably inside section 338(5). The Regulations prescribe it separately, with the applicant as the review applicant. That is our reading of the current compilation. Your refusal letter states who may apply for review. Follow the letter. If the letter and this page disagree, get advice before the deadline rather than after it.
A refusal of a subclass 300 Prospective Marriage visa works differently again: regulation 4.02(5)(r) makes the sponsor the review applicant. It is outside this article.
The deadline: 28 days, in the Act, and no extension
Section 347(3) of the Act sets the time for applying. The application must be made "within 28 days after the day the applicant is notified of the decision". It is 14 days if the applicant is in immigration detention on the day they are notified.
Three things to know about this period.
It is in the Act, not the Regulations. Older pages cite regulation 4.10 for the review deadline. That regulation is no longer in the Migration Regulations. The period is in section 347(3) itself.
It cannot be extended. The ART Act 2024 gives the Tribunal a general power to extend time in section 19. Section 347(5) of the Migration Act says section 19 "does not apply in relation to reviewable migration decisions". Section 347(4) adds that the 28 days applies "despite section 18" of the ART Act, which is the general rule. There is no discretion to find. Section 348(1) carries a note: "The ART has no jurisdiction to review a decision if the application for review is not properly made."
"Notified" has a legal meaning. The 28 days runs from the day you are taken to have been notified, not from the day you opened the letter. How that day is worked out is on how a Department letter deadline is calculated. Work the date out on day one and treat it as fixed.
The fee, the hardship reduction and the refund
The fee is set by the Migration Regulations, not by the Tribunal. Regulation 4.13(1) states a base amount of $3,496. Regulation 4.13A increases it "on each 1 July starting on 1 July 2025" in line with CPI. The ART's fee page lists the fee for "Migration decisions made under Part 5 of the Migration Act 1958" as $3,727, current as at 25 October 2026. Check the Tribunal's own fee page before paying, because the figure moves every July. Note also that the fee must be paid before your deadline for applying.
| Rule | What the Regulations say |
|---|---|
| Hardship | Regulation 4.13(4): if the Principal Registrar considers payment "would cause, or has caused, financial hardship", the fee is 50% of the full amount |
| Combined applications | Regulation 4.13(3): where two or more review applications are combined under regulation 4.12, one fee is payable |
| Refund if you succeed | Regulation 4.14, items 5 and 6: if the decision is "set aside or varied", or "remitted to the primary decision-maker for reconsideration", 50% of the fee is refunded |
| Refund if you had no right to apply | Regulation 4.14, items 2 and 3: the full fee is refunded if the applicant was not entitled to apply or the decision was not reviewable |
| Family violence | Regulation 4.13(2A): no fee where a secondary applicant was refused because the primary applicant (the review applicant's former spouse or de facto partner) was refused, and the delegate accepted family violence by the primary applicant |
Nothing is refunded because the Tribunal affirmed the refusal. The fee is the price of the review, not a deposit against the outcome.
Your visa and your work while the review runs
This section is for onshore 820 applicants. A 309 applicant is outside Australia and holds no Australian bridging visa.
Most 820 applicants hold a bridging visa A granted when the 820 was lodged. Clause 010.511(1)(b) of the Regulations says what happens to it after a refusal:
| Event | The bridging visa A continues until | Clause |
|---|---|---|
| Refusal, no review lodged | 35 days after the Minister makes the decision | 010.511(1)(b)(ii) |
| Review lodged, Tribunal decides (other than remittal) | 35 days after the ART makes its decision | 010.511(1)(b)(iii) |
| Tribunal remits the application to the Minister | Through the reconsideration, to the day worked out for the new decision | 010.511(1)(b)(viii) |
| You withdraw the 820 application or the ART application | 35 days after the withdrawal | 010.511(1)(b)(v) |
Exception: if the refusal was for failing public interest criterion 4003(b) or 4003A, the bridging visa ends when the decision is made (clause 010.511(1A)).
So lodging the review inside the 28 days keeps the bridging visa A alive through the Tribunal process. The 35 days after a refusal with no review is shorter than it looks once the 28-day review window sits inside it.
Clause 010.511(2) adds that the 35-day periods run "despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision" and "irrespective of the validity of the decision". An argument about the refusal does not stop the clock.
Work rights do not change because you lodged a review. They are whatever conditions sit on your bridging visa grant notice. If it carries no work condition, that continues. If it carries condition 8101, the route to work rights is explained in condition 8101 and how to ask for work rights. If you were unlawful when the refusal arrived, the relevant visa is a bridging visa E, and what a bridging visa E allows covers that.
What the Tribunal actually decides
The ART does not check whether the delegate made a mistake. Section 348(1) says that where an application is properly made "the ART must review the decision". Under section 348A the Minister is a "non-participating party". That means there is no Department advocate arguing against you at the hearing. The Tribunal looks at the criteria for the visa and decides for itself whether they are met.
That has one practical consequence that matters more than anything else on this page. Clause 820.221 is a time of decision criterion: the applicant must "continue to meet" the relationship requirements when the decision is made. The Tribunal stands in the delegate's place and makes a new decision, so it is the Tribunal's decision date that counts. PIC 4020 says the same thing in its own way, by referring to documents given to "the ART during the review".
In practice that means the relationship evidence can, and should, be brought up to the hearing date. The months since the refusal are evidence too. What the Tribunal is reading for is set out in how to structure a relationship statement.
The Tribunal reads the delegate's reasons. If the refusal says the joint finances were thin, the hearing will be about finances. Answer the reasons in the letter, with documents, before the hearing rather than at it.
The four outcomes, and what follows each
Section 105 of the ART Act gives the Tribunal four options. Section 349 of the Migration Act and regulation 4.15 shape the fourth for visa cases.
| Outcome | What it means | What follows |
|---|---|---|
| Affirm | The refusal stands | The section 48 bar is already on (below). Bridging visa A ends 35 days after the Tribunal's decision. Options are judicial review, an offshore application, or a request to the Minister |
| Vary | The decision is changed in part | Rare in visa refusals; treated like a substitution under section 108 of the ART Act |
| Set aside and substitute | The Tribunal makes the decision the delegate should have made | Section 108(2) of the ART Act: the new decision "is taken to be a decision of the decision-maker for all purposes", and under section 108(4) it has effect from when the original decision had effect, unless the Tribunal orders otherwise (section 108(5)) |
| Set aside and remit | The application goes back to the Department with a direction | Regulation 4.15(1)(b): the permissible order is that the applicant "must be taken to have satisfied a specified criterion for the visa". The Department then decides the remaining criteria (commonly health and character). The bridging visa A continues through the reconsideration (clause 010.511(1)(b)(viii)) |
The most common favourable outcome in a relationship case is remittal with a direction that the relationship criterion is satisfied. That is not a grant. It is the Department's decision again, on the criteria the Tribunal did not decide. The Department may then refuse on a different criterion. That is a new refusal with its own review right.
If the Tribunal affirms
Four things to understand, in order.
The section 48 bar was already on. Section 48(1)(b)(i) of the Act applies to a person in Australia without a substantive visa who was refused a visa "whether or not the application has been finally determined". The bar does not wait for the Tribunal. It started with the refusal. What it does and does not stop is on the section 48 bar explained.
Two points for partner applicants:
- regulation 2.12 lists Partner (Temporary) (Class UK) among the classes a barred person may still apply for; but
- a fresh 820 from someone without a substantive visa meets Schedule 3 again under clause 820.211(2)(d).
That is a question for advice, not for a form.
Judicial review has its own 35-day clock. Section 477(1) of the Act requires an application to the Federal Circuit and Family Court of Australia (Division 2) to be made "within 35 days of the date of the migration decision". The court may extend that period under section 477(2). But it can do so only on a written application showing why it is necessary in the interests of the administration of justice. Do not plan on it. A court looks only for legal error in the Tribunal's decision. It cannot re-weigh the evidence, and it does not decide whether the relationship is genuine.
Applying from offshore. Leaving Australia removes the section 48 problem, because the bar applies to applications made in the migration zone. A 309 can then be lodged from outside Australia. The trade-offs are on leaving Australia to apply offshore.
Ministerial intervention is last, not first. Section 351 lets the Minister substitute a more favourable decision for a Tribunal decision "if the Minister thinks that it is in the public interest to do so". Section 351(1A) ties the power to a decision of the Tribunal. So there is nothing to request until the ART has decided. The power is personal to the Minister (section 351(3)) and is not a review. Our Ministerial Intervention guide explains what the process is and is not.
Frequently asked questions
My partner visa was refused. Can I appeal? Yes, to the ART, for both the 820 (section 338(2)) and the 309 (regulation 4.02(4)(saa)). The application must be lodged within 28 days of notification (section 347(3)). That period cannot be extended (section 347(5)).
My 309 was refused while I was overseas. Does my partner in Australia lodge the review? Under regulation 4.02(5)(raa) the review applicant is the visa applicant, with no requirement to be in Australia. Follow what your refusal letter says about who may apply.
How much does an ART review cost in 2026? $3,727 as listed on the ART fee page at 25 October 2026 (base $3,496 in regulation 4.13(1), indexed each 1 July). Half for financial hardship (regulation 4.13(4)); half refunded if the decision is set aside, varied or remitted (regulation 4.14).
Can I keep working while the review runs? A bridging visa A continues until 35 days after the Tribunal's decision (clause 010.511(1)(b)(iii)). Its conditions do not change; your grant notice says what work it allows.
Can I add new evidence to the appeal? Yes. Clause 820.221 is assessed at the time of decision, so evidence of the relationship up to the hearing date is relevant.
If I win, is the visa granted? Not always. A substituted decision counts as the Department's decision (ART Act section 108). A remittal sends the application back with a direction on one criterion (regulation 4.15), and the Department decides the rest.
If I lose, can I apply for another visa onshore? Section 48 limits onshore applications. Regulation 2.12 keeps the partner classes open, but Schedule 3 then applies. Judicial review (section 477), an offshore application or a section 351 request are the other routes, each needing advice on your facts.
Find the date, then decide
Most of what goes wrong after a partner visa refusal is a missed date:
- the 28 days to the Tribunal;
- the 35 days of bridging visa; and
- the 35 days to a court.
The first two cannot be extended. The court can extend the third only by order under section 477(2), and only if it is satisfied that is necessary in the interests of the administration of justice. All three are easier to meet with a plan made in the first week than in the last.
Migration Vision assesses partner visa refusals for clients across Australia and offshore. Nobody can promise what a Tribunal will decide. What can be done is to read the refusal reasons against the criteria and say honestly whether a review has a case to make. Then we can build the evidence to the hearing date. Start at visa refusals and appeals or complex cases.
Reviewed by Dr Asad Muhammad Khan, Registered Migration Agent, MARN 2619525. Last reviewed 25 October 2026 — sections 5CB, 5F, 48, 338, 347, 347A, 348, 348A, 349, 351 and 477 verified against the Migration Act 1958, Compilation No. 172 (C2026C00461, in force 8 October 2026); regulations 1.20J, 2.12, 4.02, 4.13, 4.13A, 4.14 and 4.15, Schedule 2 clauses 010.511, 309.211, 309.221, 309.412, 820.211, 820.221, 820.221A, 820.223 and 820.226, and Schedule 4 criteria 4001, 4007 and 4020 against the Migration Regulations 1994, Compilation No. 289 (F2026C01017, in force 2 October 2026); sections 18, 19, 105 and 108 against the Administrative Review Tribunal Act 2024, Compilation No. 5 (C2026C00202, in force 18 May 2026) — all on legislation.gov.au. The indexed ART fee was read on the Tribunal's fee page (art.gov.au) on 25 October 2026. Figures current as at 25 October 2026; confirm with the Department of Home Affairs and the ART before lodgement. This article is general information, not migration advice for your circumstances, and the law may change.
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