Review must be available for your particular decision, and the correct person must apply. The ART immigration and citizenship page confirms that the Tribunal cannot extend the time limit.
Recent refusal? Keep the notice and evidence of how it reached you, check the stated review rights and seek an Australian migration lawyer promptly. The shared enquiry form sends private questions to Australian Migration Lawyers; it does not preserve a review deadline.
Options after refusal at a glance
| Route | Who can use it | Deadline | Cost |
|---|---|---|---|
| ART review | The 820/801 or 309 applicant; the sponsor for a 300, subject to review eligibility | 28 days after notification (14 in detention); no extension | $3,727 ART fee from 1 July 2026; 50% back if set aside, varied or remitted; review is a separate legal engagement quoted by Australian Migration Lawyers |
| New offshore 309 application | The applicant, applying outside Australia and meeting the criteria | No statutory deadline; special return criterion 5002 and PIC 4020 may restrict eligibility | Generally a new $11,710 base charge |
| New onshore 820 application | A person affected by s 48 must not have had a partner visa refused since last entry; other validity requirements also apply | Two statutory declarations made within six weeks before lodging for s 48 applicants; 21-day Class BS restriction for affected 820/309 holders | Generally a new $11,710 base charge |
| Ministerial intervention (s 351) | Only after an ART decision, subject to the intervention instructions | None set; certain repeat requests within two years are not referred | Lawyer about $4,400–$6,900 |
| Court: judicial review | The Federal Circuit and Family Court cannot review a primary refusal that the ART can review | — under s 476(2)(a) | — |
| Leave Australia | The applicant | Before your bridging visa ends; a BVA generally ends 35 days after refusal if no review is lodged | — |
The government rules above come from the Migration Act 1958, Migration Regulations 1994, ART Fees page and Ministerial Instructions under ss 351 and 501J. The $11,710 figure is the general base charge; concessions and additional-applicant charges can change it.
What does a partner visa refusal mean?
A refusal means Home Affairs decided that you did not meet a visa criterion. Section 66(2) of the Migration Act 1958 requires written reasons identifying the unmet criterion and, where review is available, the review arrangements.
An 801 refusal also ends the 820 on notification under clause 820.511 of the Migration Regulations 1994. The Partner visa FAQs state: “If your permanent Partner visa has been refused, you no longer hold a temporary Partner visa.”
Home Affairs’ Get a refund page confirms that the application charge is not refunded on refusal. If you paid the current general $11,710 base charge, that payment is not returned simply because the visa was refused.
“Denied” and “rejected” are everyday descriptions of refusal. An invalid application is different: it was not validly lodged and was never decided against the visa criteria; the Migration Regulations 1994 treat invalidity separately from refusal.
Why partner visas are refused
The subclass criteria sit in Schedule 2 of the Migration Regulations 1994; public interest criteria sit in Schedule 4. Read the provision named in your decision rather than relying on another couple’s refusal story.
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The relationship was not accepted as genuine and continuing. Migration Act ss 5F and 5CB set the spouse and de facto tests. Regulations 1.09A and 1.15A require consideration of finances, household, social aspects and commitment. Regulation 2.03A also imposes the de facto 12-month rule, subject to exceptions.
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Sponsorship was not approved or in force. Clause 820.221A requires approved sponsorship. Regulation 1.20J limits repeated sponsorships; regs 1.20KC–1.20KD can require refusal because of relevant violence-related convictions and a significant criminal record, subject to their exceptions.
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Schedule 3 requirements were not met. Under clause 820.211(2)(d), an onshore applicant without a substantive visa may need to meet Schedule 3 criteria unless there are compelling reasons not to apply them.
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False information, a bogus document or an identity issue. Schedule 4 PIC 4020 addresses materially false or misleading information, bogus documents and identity requirements, with consequences for later applications.
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Character requirements were not met. PIC 4001 and Migration Act s 501 govern character; the issue is not limited to whether someone has a conviction.
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Health requirements were not met and no waiver was given. Partner subclasses use PIC 4007. A health waiver can address specified cost or access concerns, but not tuberculosis or a public-health threat.
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The application was never valid. Missing s 48 lodgement documents can make an application invalid under Schedule 1 item 1124B. This is not a refusal in law, although people often call it one.
How many partner visas are refused?
6.1% of partner visa decisions in 2024–25 were refusals; 93.9% were grants, according to Home Affairs’ Report on the Migration Program 2024–25. These percentages count decisions and exclude withdrawals. Refusal rates were 7.9% in 2023–24, 7.4% in 2022–23 and 4.2% in 2021–22.
Those figures do not predict your prospects after refusal. A lawyer needs to examine the unmet criterion, available evidence and legal route. No verified partner refusal breakdown by country or reason is available in the sources used here, so no such percentages are given.
Refusal at each stage: 820, 801, 309, 100 and 300
| Stage | Consequence | Who applies for review | Deadline |
|---|---|---|---|
| 820 | Visa refused; an associated BVA generally ends 35 days later if no review is lodged | The applicant, physically in Australia when applying | 28 days |
| 801 | The 820 ends on notification; an ART remittal can still lead to an 801 grant | The applicant, physically in Australia when applying | 28 days |
| 309 | Offshore partner application refused | The applicant, not the sponsor, since 4 April 2023 | 28 days |
| 100 | Permanent-stage visa refused | Check the notice and obtain legal advice. Sections 338(7A) and 347A(3) require presence in Australia at refusal and review application for the review category they describe; the offshore position needs confirmation | 28 days where reviewable |
| 300 | Prospective Marriage visa refused | The sponsor, under the rules applying since 1 July 2024 | 28 days |
These consequences and review rules are set by Migration Regulations clauses 010.511, 820.511 and 801.221(8), regulation 4.02, and Migration Act ss 338 and 347A. Every reviewable row has a 14-day limit if the relevant review applicant was in immigration detention on the notification day, under s 347(3).
Your options after a partner visa refusal
Choose the route by checking review rights, notification date, current visa and the exact refusal ground. Review and reapplication are different legal processes; neither should be assumed available merely because the relationship continues.
Apply for ART review?
Yes, if the decision is reviewable and the correct person applies. Migration Act ss 347(3) and (5) set the 28-day limit, or 14 days in detention, without extension; the ART Fees page gives a $3,727 fee from 1 July 2026. The review-deadline calculator on the page about the review of a partner visa refusal counts your 28 days from the way you were notified.
Reapply?
Possibly: check the onshore restrictions and offshore requirements in “Can you reapply after a partner visa refusal?” below before paying another charge.
Does the s 48 bar apply?
Generally yes if you are in Australia, have no substantive visa and have had a relevant refusal or cancellation since last entry. Migration Act s 48(1) contains exclusions and limits further applications to prescribed classes; a bridging visa is not a substantive visa.
Ask for ministerial intervention?
Only after a tribunal decision, and subject to the intervention instructions. Migration Act s 351(7) imposes no duty on the Minister to consider exercising the power. Home Affairs’ Ministerial intervention page confirms the tribunal-decision requirement: intervention is not a substitute for meeting the ART deadline.
Leave Australia?
Yes, if that is your chosen route, but check departure and future-entry consequences first. Clause 050.511 and Home Affairs’ BVE page provide that a BVE ends immediately on departure. Offshore 309/300 applications must address special return criteria 5001–5002 where applicable, including the 12-month period after removal unless compelling or compassionate circumstances exist. The Migration Regulations do not attach PIC 4013/4014 three-year exclusions to partner visas.
Can you reapply after a partner visa refusal?
Offshore, yes: a fresh 309/100 application can be made outside Australia, but you must address the earlier refusal and meet the new application’s requirements, including any PIC 4020 or special return restrictions in the Migration Regulations.
Onshore, no if you have no substantive visa and have had a partner visa refused since last entering Australia. Schedule 1 item 1124B(3)(e) lists subclasses 100, 110, 309, 310, 801, 814, 820 and 826. Separately, item 1124B(3)(d) prevents an affected 820 or 309 holder from applying for Class BS within 21 days of a partner refusal.
If the earlier refusal was not a partner visa refusal, the prescribed-class exception may leave an onshore application available under the section 48 bar rules. Item 1124B requires the partner-signed sponsorship form and two statutory declarations by Australian citizens, permanent residents or eligible New Zealand citizens other than the partner, made no more than six weeks before lodging. Home Affairs’ 820 page says Form 888 does not satisfy this requirement.
A valid fresh application generally means another $11,710 base charge, under Schedule 1 of the Migration Regulations—not reuse of the earlier payment.
The 28-day deadline for review
28 days after the notification day—or 14 days if in immigration detention that day—is the statutory limit. Migration Act ss 347(3) and (5) prevent the ART from extending it.
Section 494C of the Migration Act counts notification differently by delivery method:
- Email or fax: end of the day sent.
- ImmiAccount: end of the day the document was made available.
- Post within Australia: seven working days after the document’s date.
- Other post: 21 days after the document’s date.
Form 956A confirms that correspondence sent to an authorised recipient is treated as received by you. Keep the email, envelope or ImmiAccount record—not just the decision PDF—and use the calculator on the review page with those details.
What a refusal costs
Review can mean a $3,727 government fee plus a separately quoted lawyer fee, after losing the original application charge. The Migration Regulations set the current general partner base charge at $11,710; Home Affairs’ refund page says refusal does not trigger a refund. The ART Fees page provides a 50% refund of the review fee paid if the decision is set aside, varied or remitted.
A fresh application generally adds another $11,710 government base charge. A fresh partner visa application with Australian Migration Lawyers usually costs $14,000 plus GST, separate from that Home Affairs charge. Ask for a written quote that separates work, GST and disbursements.
Time also matters. The ART Processing times page reports that half of partner reviews finalised from 1 March to 31 August 2026 took three years two months. That is a historical measure, not a promised duration for your case.
Your bridging visa after a refusal
A BVA may continue temporarily, but it does not remain in effect indefinitely. Clause 010.511(1)(b) of the Migration Regulations generally ends it 35 days after refusal if no ART application is made, or 35 days after an ART decision affirming the refusal.
Do not assume those BVA rules mean you automatically hold one after an 801 refusal. Clause 820.511 ends the 820 on notification; which bridging visa, if any, you then hold and its expiry must be checked against your actual visa record.
If you are offshore after a 309 or 300 refusal, do not assume an Australian bridging visa protects your stay elsewhere. Home Affairs’ BVA and travel pages also confirm that a BVA provides no return travel to Australia.
Common mistakes after a partner visa refusal
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Lodging another onshore partner application instead of checking review. Item 1124B(3)(e) blocks a person without a substantive visa after a partner refusal since last entry. Another payment does not remove that block.
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Waiting for ministerial intervention. Home Affairs’ intervention instructions require a tribunal decision. Missing the non-extendable ART deadline can close the route to that decision.
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Going to court first. Migration Act s 476(2)(a) excludes primary decisions reviewable by the ART from the Federal Circuit and Family Court’s jurisdiction.
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Letting the bridging visa expire. Clause 010.511 generally ends a BVA 35 days after refusal without review. Check lawful status before that date rather than treating the review and visa-expiry dates as interchangeable.
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Using Form 888 for the s 48 lodgement requirement. Home Affairs requires two qualifying statutory declarations made within six weeks, not Form 888 statements.
Frequently asked questions
Can I reapply for a partner visa after a refusal?
Offshore, potentially yes. Onshore, item 1124B(3)(e) blocks reapplication without a substantive visa after a partner refusal since last entry; item 1124B(3)(d) also imposes the 21-day Class BS restriction for affected holders.
How many partner visas get refused?
Home Affairs’ Report on the Migration Program 2024–25 records 6.1% refused and 93.9% granted, counting decisions and excluding withdrawals.
Does a visa refusal affect future applications?
Yes, depending on the circumstances: Migration Act s 48 can restrict onshore applications; item 1124B can block another onshore partner application; PIC 4020 can impose three-year, or ten-year identity-related, restrictions involving the applicant and family unit members, subject to its terms and exceptions.
What happens to my 820 if my 801 is refused?
Clause 820.511 ends the 820 on notification. Clause 801.221(8) nevertheless allows an ART remittal or determination to lead to an 801 grant.
Having a lawyer read the refusal decision
After refusal, ask an Australian migration lawyer to read the section 66 reasons, calculate the notification-based ART deadline and check section 48 and item 1124B(3)(e) before any fresh application.
Bring the complete decision, notification records, current visa details and the evidence previously lodged. A lawyer can identify the unmet criterion, check inconsistencies and missing documents, and explain which route is legally available—without predicting a visa grant or review outcome.
Read about a partner visa consultation or how partner visa lawyers help at each stage. PartnerVisaLawyer.com.au is an information guide, not a law firm; the shared enquiry form sends private questions to Australian Migration Lawyers.