Partner Visa
AustraliaTM
Partner Visa Refusals and Merits Review Australia
If your partner visa application has been refused, the process is not necessarily over. In most cases, the applicant and sponsor have the right to apply for merits review at the Administrative Review Tribunal (ART) — but the timeframe is strict and missing it removes the right to review entirely. If you are seeking to appeal a decision, our registered migration agent service can help you assess your options and navigate the process.
What Is Merits Review at the Administrative Review Tribunal?
The Administrative Review Tribunal is an independent federal body that conducts merits review of visa decisions made by the Department of Home Affairs. It replaced the Administrative Appeals Tribunal on 14 October 2024.
What merits review means
The ART reconsiders the case on its own view of the facts and the law. New evidence can be submitted
Who can apply
The applicant or sponsor named in the refused application, subject to the review rights stated in the refusal letter
What the ART can do
Affirm the decision, vary it, set it aside, or remit the application back to the Department with directions
Key benefit
A genuine couple whose application was refused due to insufficient evidence or a poorly prepared file has the opportunity to present a stronger case
The refusal letter states whether review rights exist, the Tribunal that handles the matter, and the exact deadline for lodging. If the letter states no review rights apply, alternative pathways need to be considered.
Who Can Apply for Merits Review
| Requirement | Detail |
|---|---|
| Review rights | The refusal letter must confirm that merits review is available |
| Deadline | Typically 21 to 28 days from the refusal notification for onshore applicants. Cannot be extended in most circumstances |
| Immigration detention | 14 days to lodge. The standard deadline does not apply |
| Standing | The applicant or sponsor named in the application may apply, depending on the visa subclass |
If you are unsure whether your refusal carries review rights or whether you are within the deadline, contact a registered migration agent immediately.
Partner Visa Merits Review Costs
Knowing the full cost upfront lets you plan properly and move forward with confidence. Below is a breakdown of the costs involved in a merits review application.
ART application fee
AUD $3,727
Credit card surcharge
1.4%
Migration agent service fees
Confirmed before any work begins
Contact us to discuss your specific situation and get a complete picture of the costs involved.
Please note: Government fees including the ART application fee are reviewed and may be adjusted periodically. The figures in this table reflect amounts current as of early 2026. We recommend confirming current fees directly with the Administrative Review Tribunal or contacting us before you budget for your review application.
What the ART Review Process Looks Like
Deadline confirmation
Review the refusal letter, confirm whether review rights exist, and identify the exact lodgement deadline. This step should take days, not weeks.
Lodgement
We lodge the review application through the ART portal before the deadline. A bridging visa is generally granted once lodged, allowing the applicant to remain in Australia while the review is pending.
Evidence preparation
We identify the specific grounds of refusal and prepare a response that directly addresses each one. For partner visa reviews this means building a stronger relationship evidence file and obtaining updated statutory declarations from witnesses.
Hearing
Most partner visa reviews are listed for an oral hearing before an ART Member, conducted in person or by video conference. We represent both the applicant and the sponsor at the hearing.
Decision
If the decision is favourable, the application is granted or remitted to the Department with directions. If the ART affirms the refusal, further options including judicial review may be available in limited circumstances.
Partner Visa Merits Review Timeframes
| Stage | Timeframe |
|---|---|
| Lodgement deadline | Typically 21 to 28 days from the refusal notification for onshore applicants |
| Hearing listing | 6 to 18 months after lodgement |
| Full review process | Typically 12 to 30 months from lodgement to decision |
| Judicial review (if applicable) | Must be lodged within 35 days of the ART decision |
Contact us to discuss what a realistic timeline looks like for your situation.
Please note: Processing times are published by the Administrative Review Tribunal and are updated periodically. The figures above reflect data available in early 2026. Actual timeframes vary depending on the complexity of the matter and the ART's caseload. These figures are a guide only and are not a guarantee of when your review will be decided.
Common Questions
Speak With a Partner Visa Australia Agent Today
If your partner visa has been refused, act quickly. The review deadline is strict and cannot be extended in most circumstances. Claim your consultation today and speak with a registered migration agent who will give you a clear, honest assessment of your options.
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