Visa Refusal
Partner Visa Refusal
Partner visa refusals turn on the genuineness, exclusivity, and continuing nature of the relationship. Refusals occur across Subclass 309/100, Subclass 820/801, and Subclass 300 (Prospective Marriage). The 28-day ART window applies, and fresh evidence is admissible at the hearing.
The four relationship elements
The Migration Regulations 1994 require the Department to consider four elements when assessing whether a relationship is genuine and continuing. Each element must be supported by evidence at primary stage and on review.
Financial aspects
Joint financial commitments — banking, property, insurance, superannuation beneficiaries. Shared utilities, joint debts, and the practical interweaving of finances.
Nature of the household
Cohabitation evidence, the division of domestic responsibilities, and the joint conduct of household life. Leases, government correspondence, and the day-to-day living arrangements.
Social aspects
How the parties present as a couple to family, friends, and the broader community. Statements from witnesses, photographs, social media, joint travel, and shared events.
Nature of the commitment
The mutual commitment to a shared life, the long-term nature of the relationship, and the parties' statements about how the relationship developed and where it is going.
Common partner visa refusal grounds
Bona fides of the relationship
The Department is not satisfied the relationship is genuine and continuing. Common indicators include limited shared history, inconsistent statements, weak cohabitation evidence, or thin documentary support across the four regulatory elements.
De facto threshold
For de facto applications, the Department is not satisfied the parties have been in a de facto relationship for the required 12-month period. Disputed start dates, periods of separation, and inadequate documentary cohabitation evidence drive refusals.
PIC 4020
False or misleading information or fraudulent documents in the application. Findings carry a 3-year exclusion period bar on further visa applications. Specific evidentiary preparation is essential at review.
Sponsor character and PICs
Section 5CB sponsor character considerations, sponsor history of partner sponsorship, applicant character (PIC 4001), and applicant health (PIC 4007) all engage refusal pathways.
Family violence provisions
Where the relationship has ceased and the applicant is the victim of family violence committed by the sponsor, Schedule 2 of the Migration Regulations contains provisions allowing the visa to be granted notwithstanding cessation of the relationship. The provisions apply to onshore Subclass 820/801 applications and require evidence of family violence in a form prescribed in the Regulations.
The evidentiary requirements are technical — the prescribed evidence categories distinguish between judicially-determined and non-judicially-determined family violence, with different documentary thresholds for each. Family violence cases at the ART are run with care given the sensitivity of the underlying circumstances and the procedural complexity of the evidence.
Build the relationship case for review
Partner visa review is evidence-intensive. Visa Plan Lawyers prepares structured submissions addressing each of the four regulatory elements, with witness evidence, statutory declarations, and documentary support.
Partner visa refusal review information is sourced from the Migration Act 1958, the Migration Regulations 1994 (Schedule 2 partner visa criteria, family violence provisions, PIC 4020), and the Administrative Review Tribunal Act 2024, current as at April 2026. Procedural rules are subject to change. This page provides general information only and does not constitute legal advice.