Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for managing a partner visa refusal appeal in Australia. Designed explicitly for migration solicitors and registered migration agents, this guide covers the evidentiary requirements for demonstrating a genuine and continuing relationship, sponsorship eligibility, Schedule 3 criteria, and family violence provisions. Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Jurisdiction: This guide applies to family partner visa appeals in the () under the Migration jurisdictional area. It covers subclass 309/100 (offshore partner) and subclass 820/801 (onshore partner) visa refusals. The replaced the AAT on 14 October 2024.
Key Case Law: Plongkham v Minister [2025] FedCFamC2G 1265 (jurisdictional error where Tribunal failed to properly construct and apply the compelling reasons test for Schedule 3 waiver). FWO v Um [2025] FedCFamC2G 1755 (genuine relationship alone does NOT constitute a compelling reason for Schedule 3 waiver - the high threshold must be independently met). Waensila v MIBP [2016] FCAFC 32 (seminal Schedule 3 authority - circumstances must be persuasive, cogent, convincing, irresistible and weighty). He v MIBP [2017] FCAFC 206 (foundational reg 1.15A authority - each of the four pillars must be comprehensively addressed). Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Governing Legislation: - Migration Act 1958 (Cth) Part 5 - merits review of migration decisions - Migration Regulations 1994 (Cth) Schedule 2 - visa criteria for partner subclasses - Migration Regulations 1994 (Cth) Schedule 3 - criteria applicable where no substantive visa held at time of application - Migration Regulations 1994 (Cth) reg 1.15A - definition of 'spouse' and de facto partner requirements (four pillars) - Migration Regulations 1994 (Cth) regs 1.20J, 1.20K - sponsorship bar (lifetime cap of 2, 5-year waiting period) - Migration Regulations 1994 (Cth) regs 1.21, 1.23 - family violence definition and evidentiary framework - Administrative Review Tribunal Act 2024 (Cth) - tribunal review procedures - Family Law Act 1975 (Cth) - relevant to family violence provisions
Current Thresholds (2026): ART migration fee: $3,580 (50% hardship reduction available; full refund if successful less $100 administrative retention). Filing deadline: 28 days (14 days if in detention) - strictly non-extendable. Deemed notification: email/fax is same day, postal within Australia is 7th working day after date of letter. ART median processing time for family/partner visas: 2 years 1 month (95th percentile: 3 years 6 months). Bridging Visa A (BVA) continues automatically on valid ART lodgement (no travel rights; must apply separately for BVB). Refusal while onshore triggers s 48 bar.
Process at a Glance: Partner visa refusal appeals must be filed within 28 days of notification (14 days if in immigration detention). Common refusal grounds include: insufficient evidence of a genuine and continuing relationship across the four pillars (financial, social, household, commitment per reg 1.15A), health or character requirements, provision of false or misleading information (PIC 4020 - 3-year exclusion for false documents, 10-year for identity concerns), sponsorship bar (regs 1.20J/1.20K - lifetime maximum of 2 sponsored partners with 5-year waiting period), and Schedule 3 criteria (no substantive visa at time of application). If the relationship broke down due to domestic and family violence, the applicant may still be eligible under the expanded family violence provisions (amended 1 July 2024 to unify subclass 309/820 rights). IMPORTANT: The Department now operates a 'One Chance' RFI policy - generally only one Request for Information will be issued; front-load comprehensive evidence. Practitioners should check the official Australia Government Portal and Federal Register of Legislation for regular procedure updates.
Suspended Protections: Under the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024, standard ART protections are excluded for migration reviews: no stay orders (s 32), no third-party joinder, no consent decisions, no s 294 legal aid funding, and no direct Guidance and Appeals Panel applications after decision.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Administrative Appeal (Applicant) - Family Partner Visa Refusal Appeal matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Confirm sponsor meets all citizenship, character, and sponsorship cap requirements.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The deemed notification rules are critical for calculating the correct filing deadline:
The statutory formula is: Deadline = Date of Notification + T days, where T is in {21, 28} depending on the visa subclass.
Unlike general administrative review lists where s 19 of the ART Act 2024 allows time extensions, the ART has zero statutory authority to extend migration deadlines.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Sponsorship bar (regs 1.20J/1.20K): lifetime cap of 2 sponsored partners with 5-year waiting period. The 5-year wait is calculated from the date the INITIAL visa APPLICATION was lodged, not grant date. Exception: if previous application was refused, the 5-year wait generally does not apply.
Waiver grounds: death of previous partner, domestic/family violence, dependent child together, long-standing relationship, significant hardship.
Gather comprehensive relationship evidence addressing financial, social, household, and commitment pillars per reg 1.15A.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft points of contention and file with statutory declarations, Form 888, and indexed evidence.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
He v MIBP [2017] FCAFC 206 - foundational reg 1.15A authority establishing that each of the four pillars must be comprehensively addressed.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.