Australian Partner Visa Refusal: Reasons, What Next, ART Appeals

Why was my Australian Partner Visa refused? Common Reasons and How to Fix Them

Visa Refusals

Kashif Sultan

Australian Partner Visa Refused: Common Reasons & How to Fix Them

Applying for a partner visa takes thousands of dollars and months of waiting. Opening an email to find it has been rejected is thus understandably heartbreaking and might make you panic. We understand, and with this article you can figure out your next steps.

Common Reasons for Refusal

Your relationship evidence was considered lacking

Upon applying for a partner visa, the Department of Home Affairs considers 4 essential pillars when verifying the truthfulness of your relationship.

These 4 pillars of evidence include:

Financial:

Shared bank accounts, joint leases/mortgages, statutory declarations from your landlord, utility bills in both your names, evidence of contributing to household expenses together.

Household:

Collaborated caretaking/organizing of the home, evidence of mail being sent to both of you at the same address.

Social:

Statutory declarations from Australian friends/family, photos of social events attended together, invitations addressed to both of you, joint travel tickets.

Commitment:

Evidence of a long-term plan to be together, such as being in each other's wills, having each other as emergency contacts, superannuation beneficiaries.

The more evidence you can provide for all these pilLars, the better.

The Department of Home Affairs also looks for a balance across these four categories. For example, if you have photos together but no joint financial life, they may refuse your visa.

Your information had inconsistencies

If the dates of when you met, moved in together, or got engaged don't match between the applicant and sponsor's statements, they may refuse your visa. The Department may compare your visa application to previous applications and even social media updates. For example, if you said you were "Single" on a Tourist Visa six months ago and have said you've been in a de facto relationship for two years, they will flag this as an inconsistency and even potentially a lie.

Sponsor eligibility

If the sponsor has a significant criminal record or has sponsored two people already in their lifetime, you are likely to be rejected. A significant criminal record includes anything involving violence and children, and 12+ months in prison. You are also not allowed to sponsor a second person within 5 years of the first. It is important to note the 5-year clock starts from when the previous visa application was lodged.

The Section 48 "bar"

If you've previously had a visa refused while in Australia, you may be barred from applying for most other visas onshore. While Section 48 stops most visa applications, you are still allowed to lodge a Partner Visa if you meet certain conditions.

Other Technical Barriers

Schedule 3 Criteria: If you do not own a "substantive" visa such as a Tourist or Student visa when you apply onshore, you must ask for a "Schedule 3 Waiver". To get this waiver, you must prove you have extreme circumstances that force you to stay in Australia, these include: a serious ongoing medical condition which can't be treated in your home country, an Australian child-citizen in need of both parents, etc.
PIC 4020: The Public Interest Criterion 4020 rule ordains that any bogus documents or lies presented to the Department of Home Affairs will result in anywhere from a 3 to 10-year ban from being granted a visa.
Health Checks: You must undergo a medical exam to determine if your conditions will produce a "Significant Cost" to the Australian taxpayer. The threshold for significant cost as of 2026 is $86,000. If your projected treatment over 5-10 years exceeds this, you may fail. (You can apply for a Health Waiver on a Partner Visa, however.)
Character Checks: You must provide police checks for every country you've lived in for 12 months or more. If you have been sentenced to 12 months in prison (continuous, suspended, or cumulative sentences all count here) you automatically fail the character test. If you have a history of family violence, gang associations, or being a "risk" to the Australian community, you will fail the character test.

⚖️ Visa Refusal? Need Expert Migration Advice?

Our experienced migration lawyers can assess your situation and explore all available options for your case.

📅 Book Your Migration Law Consultation

How to Fix This?

If you have been rejected, there are a few things you can do.

1. Your second chance: an appeal with the Administrative Review Tribunal (ART)

The Administrative Review Tribunal (formerly the AAT) is an independent body that reviews the Department's decision. When responding to your appeal, they will offer a "merits review", meaning they will look at your relationship evidence from scratch. The benefit of applying is that you can provide new evidence to the ART that you didn't include in your original visa application (e.g. more recent bank statements, new photos).

⚠️ Important: The catch is that you have only 21 days from the date you received the refusal letter to lodge an appeal with the ART. There are no exceptions if you miss this deadline. If you lodge a valid appeal on time, however, you can stay in Australia on a Bridging Visa until the Tribunal returns its decision.

The Cost:

As of the 2025/26 financial year, the official fee to lodge an appeal is $3,580. If the Tribunal decides in your favour, you will receive a 50% refund of the fee. In cases of severe financial hardship, you can apply to have the fee reduced by 50% upfront.

Processing Time:

Due to a large backlog, partner visa applications are currently taking between 18 to 24 months. However, most people waiting for an ART retain their full work rights as well as access to Medicare while the case is open.

The result can go two ways:

the Tribunal agrees with the Department and your visa refusal remains, or
the Tribunal disagrees with the Department and sends your visa back to be granted.

2. Re-applying offshore

In some cases, it might be better strategically to leave Australia and lodge an Offshore (Subclass 309/100) application. This avoids the high cost of the Tribunal and allows you to start from scratch with stronger evidence.

Frequently Asked Questions

Can I stay in Australia while my ART appeal is processing?

Yes. If you lodged your Partner Visa application while holding a substantive visa, you were likely granted a Bridging Visa A. This bridging visa stays in effect while your appeal is processed, allowing you to live and work in Australia until a decision is made.

Does having a child together guarantee an approval?

While having a child is strong evidence of long-term planning, it is not an automatic green light. You still need to prove your other 3 pillars (Financial, Social, Household). However, having a child can be a compelling reason to waive technical barriers such as the Schedule 3 criteria.

Can I travel overseas while waiting for my approval?

It's risky. You need a Bridging Visa B before you leave, and without one you may not be allowed back into the country to attend your Tribunal Hearing.

⚖️ Expert Partner Visa Refusal Services

Migration law is complex and difficult to navigate, so don't deal with a visa refusal alone. Contact our experienced team of lawyers at Sultan Legal today for a strategy session, and we can help you understand your best path forward.

📅 Get Your Migration Law Consultation Now