A refused applicant has 28 days after being notified (14 days in immigration detention) to apply to the ART, and the $3,727 fee that applies from 1 July 2026 must be paid before that deadline, which the Tribunal cannot extend. These rules appear in the Migration Act 1958, sections 347(3) and (5), and the ART fees page.
A de facto couple with less than 12 months together can register in NSW for $198 if at least one partner lives in NSW, so the first step in either case is to put the decision letter or the relationship dates in front of a partner visa lawyer in Sydney. The NSW Government relationship register page sets the registration requirements; Migration Regulations 1994 regulation 2.03A(5) provides the visa exception.
NSW facts card
| Label | Value |
|---|---|
| Review deadline and fee | Migration Act s 347: 28 days after notification, 14 in detention, no extension. ART fees page: $3,727 from 1 July 2026. |
| Administrative Review Tribunal counter for migration reviews in Sydney | ART Form M1: Level 6, 83 Clarence Street, Sydney NSW; weekdays 8:30am–5pm; post GPO Box 9955, Sydney NSW 2001; reviews@art.gov.au; 1800 228 333. |
| Federal Circuit and Family Court migration registries | Court locations pages: Terrace Tower Group Building, Level 10, 80 William Street, Woolloomooloo; Garfield Barwick Commonwealth Law Courts Building, 1–3 George Street, Parramatta (Counter 8). |
| NSW relationship register | NSW Government relationship register page: $198 registration only; 28-day cooling-off; up to 7 weeks; at least one partner lives in NSW. |
| NSW protection order | NSW AVO guidance: Apprehended Domestic Violence Order (ADVO). |
NSW partner visa issue? Keep the relevant notice and dates for legal review by an Australian migration lawyer. The site’s enquiry form is addressed to Australian Migration Lawyers.
Partner visa lawyer Sydney: what changes in New South Wales
For a partner visa in Sydney or elsewhere in NSW, these local arrangements change where you seek review and what evidence or help is available.
| What changes | In New South Wales (Sydney) | What it changes on a partner visa | Law or source |
|---|---|---|---|
| ART counter | Level 6, 83 Clarence Street | Hand in a migration review application here | ART Form M1 |
| Court registries | Woolloomooloo and Parramatta | Judicial review has a 35-day filing limit | Migration Act s 477; FCFCOA locations pages |
| Relationship register | $198; 28-day cooling-off | Registration removes the 12-month de facto requirement, not the relationship test | Migration Regulations reg 2.03A(5); Acts Interpretation (Registered Relationships) Regulations 2019 s 5; NSW register page |
| Protection order | ADVO | Can be judicial evidence if the court gave the other partner an opportunity to be heard | Migration Regulations reg 1.23 |
The partner visa criteria, the $11,710 base charge for most 820/801 applicants from 1 July 2026 and the 28-day review deadline are the same in every state under the Migration Regulations, Schedule 1 item 1124B(2), and Migration Act s 347.
For a Prospective Marriage visa in Sydney, subclass 300 refusals have been reviewable on the sponsor’s application since 1 July 2024, so the Sydney sponsor lodges it under Migration Regulations regs 4.02(4)(s) and (5)(r).
Home Affairs’ Migration Program report 2024–25 records a 93.9% partner grant rate and 6.1% refusal rate among decisions, excluding withdrawals. These national figures do not predict an individual case.
The ART in Sydney
The Administrative Review Tribunal in Sydney takes migration reviews at Level 6, 83 Clarence Street, weekdays 8:30am–5pm, or by email to reviews@art.gov.au or post to GPO Box 9955, Sydney NSW 2001, according to ART Form M1, information 05/26.
The ART replaced the AAT on 14 October 2024 under the ART (Consequential and Transitional Provisions No. 1) Act 2024.
Count 28 days after notification, or 14 if in immigration detention on that day. Migration Act ss 347(3) and (5) provide no extension.
Under Migration Act s 494C, notification is taken to occur:
- Email: at the end of the day sent.
- ImmiAccount: at the end of the day the decision became available.
- Post within Australia: seven working days after the date on the document.
The ART fees page sets the fee at $3,727 from 1 July 2026. Before the deadline, pay the full fee or, when seeking hardship reduction, 50% with a reduction request under Migration Regulations reg 4.13.
The ART’s Migration Detailed Caseload Statistics 2025–26 records 436 set-aside decisions among 720 finalised reviews of subclass 820 refusals: 61%, nationally—not a Sydney or lawyer success rate.
Who lodges the review from Sydney?
- 820/801 applicant: must be physically in Australia when applying, under Migration Act s 347A.
- 309 applicant, not sponsor: applicant review rights date from 4 April 2023 under Migration Regulations reg 4.02.
- 300 sponsor: applies under Migration Regulations regs 4.02(4)(s) and (5)(r).
Read the ART appeal guide, and ask a lawyer to check the notification record, correct applicant and refusal criterion.
Judicial review in Sydney and Parramatta
Judicial review of an ART decision is filed in the Federal Circuit and Family Court of Australia (Division 2), whose Sydney migration registry is at Terrace Tower Group Building, Level 10, 80 William Street, Woolloomooloo, with a second registry at 1–3 George Street, Parramatta, according to its court locations pages.
The Court’s migration application instructions require electronic filing through eLodgment, unless that is not reasonably practicable. The addresses identify the registries handling migration matters.
Migration Act s 477 allows 35 days from the decision; for an ART decision, count from the day it is taken to be made, which may differ from the notification letter’s date.
The FCFCOA fees page lists $4,180 for filing from 1 July 2026, or $2,090 if a Registrar allows the reduced fee. Its migration applicant overview explains that the Court examines jurisdictional error: it cannot reconsider the merits or grant a visa.
Parramatta and Western Sydney
Parramatta is a court filing location for Western Sydney partner visa cases. The FCFCOA’s Parramatta locations page identifies the Garfield Barwick Commonwealth Law Courts Building, 1–3 George Street, Counter 8, as its migration registry.
ART Form M1 lists no Parramatta migration counter. Western Sydney applicants can hand in an ART application at Clarence Street, email it or send it by post.
The NSW Government relationship register and NSW AVO guidance apply across Western Sydney: the same $198 registration fee and ADVO evidence questions. Check which decision you are challenging before choosing the venue.
Registering a relationship in NSW
$198 buys registration only, and is non-refundable. The NSW Government relationship register page lists a standard certificate ordered at registration at $70, including $11 postage.
Processing takes up to seven weeks, including a 28-day cooling-off period. The same page requires at least one partner to live in NSW and both to be 18 or older.
For a de facto visa in NSW or Sydney, registration under the Relationships Register Act 2010 (NSW), prescribed by the Acts Interpretation (Registered Relationships) Regulations 2019 s 5, makes Migration Regulations reg 2.03A(3)’s 12-month requirement inapplicable.
Your de facto relationship must still be genuine and continuing. Migration Regulations reg 1.09A requires assessment of financial, household, social and commitment evidence.
The sources do not expressly settle whether registration must exist before visa lodgement. Decide timing with a lawyer rather than assuming a pending registration is enough. See registering a relationship.
ADVOs and the family violence provisions in NSW
Yes, an ADVO counts as judicially determined family violence when a court made it after the other partner had the opportunity to be heard and part of the violence happened during the relationship, under Migration Regulations reg 1.23(4)–(5).
A police-issued provisional AVO does not meet that court-order test by itself. NSW AVO guidance says provisional orders are applied for by police and granted by a court or senior police officer; the label alone does not establish that regulation 1.23’s hearing conditions were met.
Home Affairs’ family violence evidence guidance says interim orders may meet the threshold in some circumstances, and the final order must be supplied when made.
For the non-judicial statutory-declaration route, LIN 23/026 requires at least two evidence items of different types, alongside the applicant’s declaration. A lawyer can check the order and alternative evidence against the family violence provisions.
Sydney partner visa questions that turn on NSW law
Can a couple register in NSW if only one partner lives in Sydney?
Yes. The NSW Government relationship register page requires at least one partner to live in NSW and both to be 18 or over. Registration costs $198; processing takes up to seven weeks, including 28 days’ cooling-off.
Does a provisional AVO count as judicial evidence of family violence?
Not by itself. Migration Regulations reg 1.23(4) requires a court order made after the other partner could be heard. Check who made the provisional order and how; Home Affairs requires the final order when made. The statutory declaration plus two different evidence types route is another option.
Where do Western Sydney couples file a migration case in court?
Through eLodgment unless impracticable, with Parramatta registry support at 1–3 George Street, Counter 8, according to the FCFCOA’s application instructions and locations page. Migration Act s 477 sets 35 days; an ART decision’s deemed decision date controls the count.
What are the new partner visa rules for Australia in 2026?
Three dated changes apply nationally, not just in NSW:
- 1 July: the general 820/801 base charge became $11,710 under the Migration Regulations, following the 25% increase in the 2026 Measures No. 1 Regulations.
- 25 July: Ministerial Direction 117 gave onshore 820/801 applications highest processing priority.
- 1 July: the ART fees page set the migration review fee at $3,727.
Fees and consultations for Sydney 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 Sydney 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.
The Legal Profession Uniform Law (NSW), applied by section 4 of the NSW Application Act, requires written costs disclosure when likely legal costs exceed $750, excluding GST and disbursements. Under section 174(5), Schedule 4 clause 18 and Uniform General Rules rule 72, a short standard form may be used when those costs are no more than $3,000.
Home Affairs’ Legal practitioners consumer guide, July 2021, names the NSW Office of the Legal Services Commissioner for lawyer complaints, including costs concerns.
Request partner visa help or read about engaging an Australian partner visa lawyer.
For a Sydney refusal, ask an Australian migration lawyer to calculate the ART deadline from notification, check the fee and applicant and address the criterion in the refusal reasons.
For a NSW de facto application, ask a lawyer to compare registration and 12 months of evidence, and check whether an ADVO meets regulation 1.23’s judicial-evidence conditions.