The 820 or 801 applicant applies from inside Australia, the 309 applicant applies for an offshore refusal, and the sponsor applies only when a Prospective Marriage (subclass 300) visa is refused.
Enter the date and the way the refusal reached you below to find your last day, then lodge online or on form M1 and pay the $3,727 fee (or half of it with a hardship request) before that day.
ART review
These rules come from sections 347 and 347A of the Migration Act 1958, regulation 4.02 of the Migration Regulations 1994, and the ART’s Fees and Immigration and citizenship guidance. If you are in detention, use form M2 rather than M1.
Work out your review deadline
Enter the date on the document or the date it was sent/made available. The calculation stays in this browser.
This is a general date aid, not a determination of review rights. Australian-post working days depend on public holidays. Do not assume a weekend or public holiday moves a review deadline. The ART cannot extend the section 347 period.
The calculation uses the notification rules in section 494C of the Migration Act 1958, shown below. It adds 28 calendar days after the notification day, or 14 for detention. For Australian post, it counts working days as Monday–Friday only: public holidays in your state can make the legal notification date later; this calculation never makes it later, so act on the date shown.
Do not move a displayed deadline because it falls on a weekend or public holiday. Whether an adjustment applies needs legal checking. If your refusal notice gives an earlier date, act on the earlier date. A letter sent to your lawyer or authorised recipient counts as given to you, as Home Affairs explains in Form 956A.
Example: An email sent on 1 October 2026 gives a notification date of 1 October 2026 and a 28-day last day of 29 October 2026, applying sections 494C(5) and 347(3) of the Migration Act 1958.
The calculator component is intended to run in your browser without sending its inputs anywhere. It is a deadline aid, not a determination that your refusal is reviewable.
Ask a lawyer about the refusal
The shared enquiry form sends private questions to Australian Migration Lawyers. Do not wait for it before protecting a lodgement or payment deadline; seek an Australian migration lawyer directly.
Who can apply for review of a partner visa refusal?
The right person depends on the refused subclass. Sections 338 and 347A of the Migration Act 1958 govern onshore review rights; regulation 4.02 of the Migration Regulations 1994 identifies the review applicant for subclasses 309 and 300.
| Refused visa | Who applies | Rule | Since |
|---|---|---|---|
| 820 or 801 | Visa applicant, physically in Australia when applying | Migration Act ss 338(2), 347A(1)(a) and (2) | Current onshore rule |
| 309 | Visa applicant, not the sponsor | Migration Regulations reg 4.02(4)(saa), (5)(raa) | Applicant review rights from 4 April 2023; current wording from 25 November 2023 |
| 300 | Sponsor | Migration Regulations reg 4.02(4)(s), (5)(r) | Every refusal reviewable from 1 July 2024 |
Subclass 100: check your notice. Sections 338(7A) and 347A(3) of the Migration Act 1958 provide a permanent-visa review pathway with requirements to be in Australia when refused and when applying. Whether a subclass 100 refusal received while offshore has review rights needs legal checking; do not assume the 309 rule applies.
Whether to review at all, reapply or leave is weighed on the page about your partner visa refusal.
Check who must sign and lodge before preparing the application. Using the sponsor for a 309 review, or applying from overseas for an onshore 820 review, does not meet the applicant requirements above.
What is the deadline for a partner visa appeal?
28 days after the notification day, or 14 days if the review applicant was in immigration detention on that day. Section 347(3) of the Migration Act 1958 applies the same period to reviewable onshore and offshore migration decisions, including 309 and 300 refusals; the old 21-day/70-day split no longer applies.
The ART’s Immigration and citizenship page states: “We have no power to extend the time limit to apply for a review.” Section 347(5) excludes the ART’s ordinary extension power.
The date on the letter is not always the notification date. Section 494C of the Migration Act 1958 sets these rules:
| How the decision was given | When you are taken to be notified |
|---|---|
| Handed to you | That day — s 494C(2) |
| Handed to someone at your home or business address | That day — s 494C(3) |
| Email or fax | End of the day sent — s 494C(5) |
| ImmiAccount | End of the day made available — s 494C(6) |
| Prepaid post from Australia to an Australian address | Seven working days after the document date — s 494C(4)(a) |
| Any other post | 21 days after the document date — s 494C(4)(b) |
Home Affairs’ Form 956A explains that written communication sent to an authorised recipient is deemed received by the client. Forwarding it to you later does not create a new notification date.
Keep the email, envelope or ImmiAccount notification alongside the refusal notice. These records help a lawyer check the date rather than relying on memory.
How much does a partner visa appeal cost?
$3,727 for a fee paid on or after 1 July 2026. The ART’s Fees page gives the indexed migration-review fee under regulation 4.13 of the Migration Regulations 1994.
Under regulation 4.13(4), financial hardship can reduce the fee by 50%, to $1,863.50. The ART’s Fees guidance requires the full fee, or half with a reduction request, before the review deadline. Do not assume submitting a hardship request alone satisfies payment requirements.
The payment deadline for any balance after a refused hardship request is not confirmed here. Ask the ART immediately about the payment instructions if that happens.
Under regulation 4.14, 50% of the fee actually paid is refunded if the decision is set aside, varied or remitted. That means the refund is based on the reduced amount where a hardship reduction applied, not automatically half the full fee.
Regulation 4.13(2A) provides a no-fee exception for a secondary applicant refused because their former partner, the primary applicant, was refused, where the Department accepted family violence by that former partner.
A lawyer’s professional fees are separate. Obtain a written quote identifying whether it covers lodgement, submissions, evidence preparation and the hearing. See administrative review tribunal fees for the fee rules and refund distinctions.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge. A review is quoted as a separate engagement.
How long does a partner visa review take?
Half took 3 years 2 months; 95% took 3 years 11 months. Those are the ART’s Processing times for partner reviews finalised between 1 March and 31 August 2026.
For comparison, all migration reviews finalised in that period had a median of 1 year 5 months, with 95% completed within 2 years 9 months, according to the same ART page. The overall migration figure is not the partner-review figure.
The ART’s 2026–27 migration caseload statistics recorded 2,550 subclass 820 refusal reviews on hand at 31 August 2026.
These are historical completion times, not a promised hearing date. For the reporting period, queue figures and expedition grounds, see ART tribunal processing time.
Use the waiting period to organise evidence addressing the refusal reasons, rather than treating lodgement as the end of preparation.
The ART (formerly the AAT) and what it reviews for partner visas
The ART is the tribunal that conducts merits review of reviewable partner visa refusals. It replaced the Administrative Appeals Tribunal, or AAT, on 14 October 2024, under the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.
Merits review concerns the visa decision itself, unlike a court’s examination of jurisdictional error. The ART can change or remit the decision using the powers described on its Possible outcomes page.
The ART works under the Administrative Review Tribunal Act 2024 and Part 5 of the Migration Act 1958; the Administrative Review Tribunal and Other Legislation Amendment Act 2026 introduced “on the papers” review from 18 May 2026, but section 367C and regulation 4.18 prescribe that procedure only for student-visa refusals, not partner reviews.
Under section 348A of the Migration Act 1958, the Minister is a non-participating party and cannot make written submissions in these migration reviews.
For contact, forms and online lodgement, the ART’s Immigration and citizenship page and form M1 give 1800 228 333, reviews@art.gov.au, and forms M1, M2, MR5 and MR6; use the Tribunal’s official online services and current rules or practice directions rather than an old AAT form.
Preparing the review: submissions, evidence and the hearing
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Apply using the correct route. The ART’s Immigration and citizenship page directs applicants to online lodgement or form M1, with M2 for detention. Include the refusal letter if you have it, and retain the lodgement confirmation.
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Pay before the deadline. The ART’s Fees page requires the full fee, or 50% with a hardship-reduction request, before the review deadline. Keep the receipt with the application record.
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Appoint your lawyer. The ART’s Immigration and citizenship page uses form MR5 to appoint a representative. An Australian lawyer holding a practising certificate can represent you and charge for that work.
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Answer the refusal reasons with targeted evidence. Section 66(2) of the Migration Act 1958 requires the refusal notice to identify the criterion not met and give reasons. Organise each submission around that criterion, the disputed finding and supporting documents. The ART’s Immigration and citizenship page identifies proof that the criterion was met as a possible ground for requesting expedition.
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Prepare for the hearing. Migration hearings are generally public under section 69 of the ART Act, as noted in section 367B of the Migration Act 1958. Partner reviews are not within the prescribed student-only “on the papers” procedure. The ART’s Immigration and citizenship page says it will arrange a qualified interpreter free of charge.
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Read the decision and identify the next action. The ART’s Possible outcomes page distinguishes affirmation, variation, substitution and remittal. A lawyer can check what the orders actually require and any visa-status or court deadline that follows.
A useful evidence schedule lists the refusal finding, relevant criterion, document, date and any inconsistency needing explanation. A lawyer can check missing records and contradictions before submissions are lodged; that is a preparation benefit, not a prediction of the result.
What the ART can decide: affirm, set aside or remit
The ART’s Possible outcomes page, section 105 of the Administrative Review Tribunal Act 2024 and section 349 of the Migration Act 1958 identify four outcomes:
- Affirm: the original decision remains.
- Vary: the decision is changed.
- Set aside and substitute: the original decision is replaced with another decision.
- Remit: the matter is sent back for reconsideration, potentially with a direction under regulation 4.15 that a criterion is taken to be met.
Remittal is not automatically a visa grant. Clauses 801.221(8) and 100.221(4A) of the Migration Regulations 1994 can preserve a pathway to an 801 or 100 grant after the 820 or 309 ceased. Regulation 4.15(4) also allows a 300 applicant who marries the nominated partner during review to have the remitted application treated as a partner application.
The ART’s 2025–26 migration caseload statistics, covering 1 July 2025–30 June 2026, report the following partner-family refusal reviews:
| Subclass | Lodged | Finalised | Set aside: share of finalisations | On hand, 30 June 2026 |
|---|---|---|---|---|
| 820 | 596 | 720 | 436 (61%) | 2,386 |
| 309 | 336 | 314 | 205 (65%) | 881 |
| 801 | 178 | 95 | 35 (37%) | 399 |
| 100 | 176 | 55 | 32 (58%) | 231 |
| 300 | 156 | 72 | 42 (58%) | 254 |
“Set aside” includes remittals and decisions by agreement in the ART’s caseload reporting. These percentages describe completed reviews, not visa grants or your individual prospects; they do not show that engaging a lawyer changes the odds.
Staying in Australia during the review
Yes, for an onshore 820 applicant whose BVA continues under the review provisions. Clause 010.511(1)(b) of the Migration Regulations 1994 provides for the BVA to continue during review and end 35 days after an ART decision affirming the refusal. Check your own visa grant and conditions.
Home Affairs’ Bridging visa A and Bridging visa B guidance explains that a BVA does not allow return travel: you need a BVB with an appropriate travel period to leave and return. Its Bridging visa E guidance says a BVE ends immediately on departure.
An offshore 309 or 300 review does not itself provide a bridging visa to enter or remain in Australia. Do not treat ART lodgement as a travel permission.
Where to lodge: ART registries by city
ART form M1 lists these migration-review lodgement counters, open weekdays, 8:30 am–5 pm, and postal addresses. The adjacent court addresses come from the Federal Circuit and Family Court’s location pages and are for judicial review, not ART lodgement.
| City | ART migration lodgement counter | Post | Federal Circuit and Family Court migration registry |
|---|---|---|---|
| Sydney (NSW) | Level 6, 83 Clarence Street | GPO Box 9955 Sydney | Terrace Tower Group Building, Level 10, 80 William Street, Woolloomooloo. Parramatta: Garfield Barwick Commonwealth Law Courts Building, 1–3 George Street |
| Melbourne (Vic) | Level 4, 15 William Street | GPO Box 9955 Melbourne | Owen Dixon Commonwealth Law Courts Building, 305 William Street |
| Brisbane (Qld) | Level 6, 295 Ann Street | GPO Box 9955 Brisbane | Harry Gibbs Commonwealth Law Courts Building, 119 North Quay |
| Perth (WA) | Level 13, 111 St Georges Terrace | GPO Box 9955 Perth | Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue |
| Adelaide (SA) | Level 2, 1 King William Street | GPO Box 9955 Adelaide | Roma Mitchell Commonwealth Law Courts Building, 3 Angas Street |
| Canberra, Hobart and Darwin | ART registries exist, but no migration lodgement counter is listed on M1; apply online | — | — |
The ART’s 2024–25 Annual Report records that its Darwin registry opened on 31 March 2025. No unconfirmed street addresses are listed here.
Judicial review in the Federal Circuit and Family Court
Judicial review examines jurisdictional error, not the merits again. The Federal Circuit and Family Court’s migration overview explains that Division 2 checks whether the decision was made using the correct legal procedures and law. It cannot re-decide the facts or grant a visa, but can send the matter back.
File within 35 days of the date the ART decision is taken to be made. Sections 476–477 of the Migration Act 1958 govern this pathway. That date may differ from the notification-letter date; the Court can extend time where necessary “in the interests of the administration of justice”, on written application.
The Court’s Fees page lists, from 1 July 2026, a $4,180 filing fee, or $2,090 reduced fee where allowed, and a $1,035 setting-down fee for individuals. Professional fees are additional and require a separate quote.
Merits review vs judicial review
| Feature | ART merits review | Court judicial review |
|---|---|---|
| Who decides | Administrative Review Tribunal | Federal Circuit and Family Court of Australia, Division 2 |
| What is reviewed | Merits of the refusal | Jurisdictional error |
| Deadline | 28 days after notification; 14 in detention; no extension | 35 days from the legally determined decision date; extension possible |
| Filing/application fee | $3,727 | $4,180 |
| Possible result | Affirm, vary, set aside and substitute, or remit | Quash and send back; no visa grant by the Court |
The Court’s migration guidance requires an Originating application – Migration Act and says the Minister must respond within 28 days of service. Seek legal advice about a specific jurisdictional error, rather than filing only because you disagree with the factual findings.
After an ART decision: ministerial intervention
Possibly, but only after a tribunal decision and subject to further limits. Section 351 of the Migration Act 1958 lets the Minister substitute a more favourable decision in the public interest; section 351(7) says the Minister has no duty to consider exercising that power.
The current Ministerial Instructions—requests under sections 351 and 501J, amended on 17 September 2025, use section 13 referral criteria. None is a partner-relationship criterion: having an Australian partner is not, by itself, a listed ground.
This is not another ordinary appeal. See ministerial intervention for the criteria and restrictions after an ART decision.
Common mistakes in a partner visa appeal
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Counting from the letter date, or using 21 or 70 days. Sections 347(3) and 494C of the Migration Act 1958 make the notification method important. The current ordinary period is 28 days after notification, not the old split.
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The sponsor lodging a 309 review. Regulation 4.02 gives the 309 applicant review rights from 4 April 2023. The sponsor applies for a 300 refusal.
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Applying for an 820 review from overseas. Section 347A(2) requires the onshore review applicant to be physically in Australia when applying.
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Not paying before the deadline. The ART’s Fees page requires the fee, or 50% with a reduction request, before the review deadline.
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Re-submitting the file without addressing the failed criterion. Section 66(2) requires the refusal reasons to identify it. The ART’s Immigration and citizenship page also recognises proof that the criterion was met as a possible expedition ground.
Can you appeal a partner visa refusal?
Yes, if the decision is reviewable and the correct person applies. The Migration Act 1958 and regulation 4.02 set the subclass-specific rights; section 347 ordinarily allows 28 days after notification, or 14 in detention.
How much is the ART appeal fee?
The ART’s Fees page lists $3,727 from 1 July 2026, with a 50% hardship reduction and a refund of 50% of the fee paid if the decision is set aside, varied or remitted.
How long does an appeal take for a spouse visa?
The ART’s Processing times page reports that half of partner reviews finalised 1 March–31 August 2026 took 3 years 2 months, and 95% took 3 years 11 months.
What has replaced the AAT?
The ART replaced the AAT on 14 October 2024. Partner migration review operates under Part 5 of the Migration Act 1958, including the current 28-day notification rule.
What is the success rate of appealing a visa refusal?
The ART’s 2025–26 caseload statistics show 61% of finalised 820 reviews and 65% of finalised 309 reviews were set aside. That category includes remittals and decisions by agreement; it is not a prediction for any one case.
Review costs and a lawyer at the ART
Ask an Australian migration lawyer to verify who may apply for ART review, the notification date, payment deadline and the evidence addressing each criterion in the refusal record.
Request a quote that separates the Tribunal fee from professional fees and explains whether preparation, submissions, the hearing and post-decision advice are included. See partner visa lawyer fees for questions to ask about scope and costs.
PartnerVisaLawyer.com.au is a guide to legal help with Australian partner visas, not a law firm. The site’s enquiry form is addressed to Australian Migration Lawyers; it cannot lodge a review or stop the deadline.