A refused applicant has 28 days after notification to apply to the ART, and the $3,727 fee that applies from 1 July 2026 is paid before that deadline. The Migration Act 1958, section 347, and the ART fees page set out these requirements; detention and fee-exemption exceptions are explained below.
South Australia’s register can lift the 12-month de facto rule, but the Registrar registers only 28 days after the application, so the first step for a de facto couple or a refused applicant is to set those dates out for a partner visa lawyer in Adelaide. The SA Law Handbook describes the registration wait; regulation 2.03A(5) of the Migration Regulations 1994 provides the migration exception.
Adelaide partner visa facts
| Label | Value |
|---|---|
| Administrative Review Tribunal counter for migration reviews in Adelaide | Level 2, 1 King William Street, Adelaide SA; weekdays 8:30am–5pm; post GPO Box 9955, Adelaide SA 5001; reviews@art.gov.au; ordinary deadline 28 days; $3,727 from 1 July 2026 — ART Form M1 and fees page |
| South Australian protection order | Intervention order, previously known as a restraining order, under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) — SA Law Handbook |
| South Australian relationship register | Relationships Register Act 2016 (SA); the Registrar may register 28 days after application; fee not shown here — SA Law Handbook |
| Federal Circuit and Family Court migration registry | Roma Mitchell Commonwealth Law Courts Building, 3 Angas Street, Adelaide — Court locations page |
Adelaide partner visa issue? Check any refusal, intervention-order or registration date before seeking legal advice. The site’s enquiry form is addressed to Australian Migration Lawyers.
Partner visa lawyer Adelaide: what changes in South Australia
| South Australian attribute | Adelaide value | Effect on a partner visa | Law or source |
|---|---|---|---|
| ART counter | Level 2, 1 King William Street | Place to lodge a migration review by hand | ART Form M1 |
| Protection order | Intervention order | Judicial evidence if made by a court after the other partner had an opportunity to be heard | Migration Regulations 1994, reg 1.23; SA Law Handbook |
| Register | 28-day wait | Registration can remove the 12-month de facto requirement | Relationships Register Act 2016 (SA); 2019 Registered Relationships Regulations, s 5; reg 2.03A(5) |
| Court registry | Roma Mitchell building, 3 Angas Street | Local registry for judicial review; ordinary deadline 35 days | Court locations page; Migration Act 1958, s 477 |
The partner visa criteria and the standard $11,710 base charge from 1 July 2026 are the same in Adelaide as elsewhere in Australia under the Migration Regulations 1994, Schedule 1 item 1124B(2); what changes is the local review counter, court registry, protection order and relationship register. Home Affairs’ subclass 820 “Visa outcome” guidance says the application charge is not refunded on refusal.
The ART in Adelaide
The Administrative Review Tribunal in Adelaide takes migration reviews at Level 2, 1 King William Street, weekdays 8:30am–5pm, or by email to reviews@art.gov.au or post to GPO Box 9955, Adelaide SA 5001, according to ART Form M1, information dated 05/26.
Merits review lets the Tribunal reconsider the refusal. Under Migration Act 1958, section 347(3) and (5), apply within 28 days after the day of notification, or 14 days if in immigration detention on that day; the ART cannot extend this deadline.
The ART fees page gives $3,727 from 1 July 2026, payable before the deadline, or 50% with a hardship-reduction request. Figures of $3,496 or $3,580 are out of date.
Regulation 4.13(2A) of the Migration Regulations 1994 removes the fee for a secondary applicant refused only because the former partner’s primary application was refused, where the Department accepted family violence by that former partner. This is a specific exemption, not a general power to waive every family violence review fee.
For a Prospective Marriage visa subclass 300 refusal, the sponsor applies, under regulation 4.02. The ART’s 2025–26 caseload statistics record 42 of 72 finalised subclass 300 reviews set aside, or 58%; that national figure does not predict an individual result.
See ART appeal for the review process.
Intervention orders and the partner visa in South Australia
Yes, a South Australian intervention order counts as judicially determined family violence when a court made it under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) after the other partner had the opportunity to be heard, and part of the violence occurred during the relationship, under regulation 1.23(4) of the Migration Regulations 1994.
The SA Law Handbook says an intervention order was “previously known as a restraining order”. An order issued by police alone is not the court order required by regulation 1.23(4); a lawyer should check how the order was made, not just its title.
Home Affairs’ family violence evidence guidance says interim orders may meet the judicial threshold “in some circumstances”, with the final order supplied when made. For the statutory-declaration route under regulation 1.23, LIN 23/026 requires at least two evidence items of different types, alongside the declaration.
See partner visa domestic violence for the evidence routes.
South Australia relationship register
28 days is the registration wait described by the SA Law Handbook under the Relationships Register Act 2016 (SA), which commenced on 1 August 2017. The Registrar may register the relationship 28 days after the application is made.
For an Adelaide de facto visa case, regulation 2.03A(5) removes the 12-month requirement for a prescribed registered relationship; section 5 of the Acts Interpretation (Registered Relationships) Regulations 2019 includes the SA Act. Registration does not replace the genuine-and-continuing assessment across financial, household, social and commitment evidence under regulation 1.09A.
The registration fee is published by the SA registry and is not given here. See relationship registration before planning registration and visa dates.
Judicial review in Adelaide
Judicial review of an ART decision concerns legal error, not a fresh assessment of the relationship. Under Migration Act 1958, sections 476 and 477, the Federal Circuit and Family Court of Australia (Division 2) handles these applications, ordinarily within 35 days; its Adelaide registry is at the Roma Mitchell Commonwealth Law Courts Building, 3 Angas Street.
-
File an “Originating application – Migration Act”, electronically through eLodgment unless not reasonably practicable, according to the Court’s application instructions. Its fees page lists $4,180, or $2,090 if a Registrar allows the reduced fee, from 1 July 2026.
-
Serve the Minister. The Court’s migration overview gives the Minister 28 days after service to respond; its fees page lists $1,035 for an individual to set down the case for hearing.
The Court’s migration overview says it cannot grant a visa. Check the decision date carefully: the 35 days may not run from the date printed on the notification letter.
Adelaide partner visa questions under South Australian law
What is the current waiting time for a partner visa in Australia?
Home Affairs’ processing-time guide, checked 3 October 2026, showed subclass 820: 22 months for 50% and 26 months for 75%; subclass 309: 21 and 27 months. These are national guides, not promises; no separate South Australian figure is published. Ministerial Direction 117 has given onshore 820/801 applications highest priority since 25 July 2026.
Does an old South Australian restraining order still count?
Its old name does not settle the visa evidence question. The SA Law Handbook records the former name, while regulation 1.23 requires a qualifying court order made after the other partner had an opportunity to be heard, with at least part of the violence occurring during the relationship.
Can a 309/100 applicant still overseas use the family violence provisions?
Home Affairs’ family violence provisions guidance says 309/100 applicants must have entered Australia after applying to use those provisions.
Fees and consultations for Adelaide couples
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, with the Home Affairs visa application charge ($11,710 base for most applicants) paid separately. This applies to Adelaide couples in the same way as elsewhere in Australia.
Ask for a written scope and quote, including whether permanent-stage work, requests for information or review work are included.
South Australia sits outside the three-state Uniform Law framework described by the Victorian Legal Services Board and Commissioner. To complain about an SA lawyer, Home Affairs’ legal practitioners consumer guide, dated July 2021, names the Legal Profession Conduct Commissioner.
See partner visa lawyer cost and the broader immigration lawyer partner visa guide.
For an Adelaide refusal, ask an Australian migration lawyer to check the notification date, applicant, ART fee or exemption and evidence addressing the refusal criterion before lodgement.
If there is a South Australian intervention order, ask a lawyer to check how it was made under regulation 1.23 and whether the statutory-declaration and professional-evidence route is needed.