Introduction
Receiving a notice that your Australian partner visa has been cancelled by the Department of Home Affairs can be a devastating experience, placing your future in Australia into immediate uncertainty. A partner visa represents a pathway for spouses and de facto partners to build a life together, and a cancellation can sever that legal connection, leading to profound personal and legal consequences.
However, a visa cancellation is not necessarily the end of the road, and understanding the appeal process is crucial for protecting your rights. This guide provides a comprehensive overview of your options and the critical steps required to challenge a cancellation decision at the Administrative Review Tribunal (ART), helping you navigate the path forward.
Grounds for a Partner Visa Cancellation
Relationship Breakdown & Sponsor Withdrawal
A primary reason for a partner visa cancellation is the breakdown of the relationship with your sponsoring partner. The visa is granted on the basis that your relationship is genuine and continuing, so if this ceases to be the case before the permanent visa is granted, the Department of Home Affairs may move to cancel your visa.
It is important to understand that your Australian partner cannot cancel your visa directly. Only the Department of Home Affairs has the authority to do so. However, your partner can withdraw their sponsorship by notifying the Department, which will then trigger a review of your visa status.
False or Misleading Information
Your partner visa application can be cancelled if you provide false or misleading information or submit bogus documents. This is considered a serious breach of Australian immigration law.
This type of cancellation can occur under several provisions, including:
| Provision | Application / Description |
|---|---|
| Section 109 of the Migration Act 1958 (Cth) | Applies when incorrect information was provided in the visa application. |
| Public Interest Criterion (PIC) 4020 | Allows the Department of Home Affairs to refuse or cancel a visa if fraudulent documents or false information were provided |
A cancellation on these grounds can lead to a ban on applying for future visas for a period of three to ten years.
Failing the Character Requirement
A partner visa may be cancelled if the visa holder fails to meet Australia’s character requirements, a decision often actioned as a Section 501 visa cancellation under the Migration Act 1958 (Cth). The Department of Home Affairs can cancel a visa on character grounds if:
- You have a substantial criminal record
- Your conduct is a risk to the Australian community
A substantial criminal record is generally defined as being sentenced to a term of imprisonment of 12 months or more. In some serious cases, such as those involving offences against children, visa cancellation on character grounds is mandatory.
Breaching Your Visa Conditions
Every Australian visa is granted with specific conditions that the holder must comply with. A breach of these can lead to the cancellation of your partner visa.
While partner visas often have fewer conditions than other visa types, it is crucial to understand and adhere to any that do apply. Non-compliance, whether intentional or not, provides the Department of Home Affairs with grounds to begin the visa cancellation process.
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The ART Appeal Process
Lodging Your ART Appeal
The primary pathway for challenging a partner visa cancellation is through an appeal to the ART, a process best navigated with the help of specialised ART appeal migration lawyers. Acting immediately is crucial, as the time limits for lodging an appeal are strict and cannot be extended, making it important to understand the ART appeal processing times & stages.
Missing the deadline will likely mean losing your right to a review. The timeframes for lodging an appeal vary depending on the reason for the cancellation:
| Cancellation Reason | Appeal Timeframe |
|---|---|
| Most partner visa cancellations | 28 days from receiving the decision |
| Character-related cancellations (s501) | 9 days from receiving the decision |
Lodging an appeal requires:
- Submitting an application through the ART’s online portal
- Paying the standard fee, which is currently $3,496
If your appeal is successful, you are entitled to a 50% refund of this fee. Additionally, a fee reduction may be available if you can demonstrate that paying the full amount would cause severe financial hardship.
The Merits Review & ART Hearing
The ART conducts a “merits review,” which means it takes a fresh look at your case. The tribunal member essentially “stands in the shoes” of the original decision-maker from the Department of Home Affairs and re-evaluates all the facts and evidence to determine the correct or preferable outcome.
A significant advantage of this process is that you can submit new evidence that was not provided with your original visa application. If a hearing is scheduled, it is a less formal meeting than a court proceeding, and this step-by-step guide to the Administrative Review Tribunal hearing can help you prepare. This hearing provides a crucial opportunity for you to:
- Give oral evidence
- Have witnesses present their testimony
- Answer questions from the tribunal member
- Directly address the specific reasons why your partner visa was cancelled
Potential Appeal Outcomes
After reviewing all the evidence and hearing your case, the ART can make one of three decisions:
| ART Decision | Explanation |
|---|---|
| Affirm | The ART agrees with the Department’s decision to cancel the visa. The appeal is unsuccessful. |
| Set Aside | The ART overturns the Department’s decision, revoking the cancellation and effectively reinstating the visa. |
| Remit | The ART sends the case back to the Department of Home Affairs for reconsideration based on the ART’s findings. This is the most common successful outcome. |
Building a Strong Appeal Case
Proving a Genuine & Continuing Relationship
When a partner visa cancellation is based on relationship grounds, knowing howto prove you’re in a de facto relationship is the most critical part of your appeal. The Department of Home Affairs and the ART assess relationships against a framework known as the “four pillars.” You must provide a comprehensive body of evidence across all four categories to demonstrate a shared life:
| Relationship Pillar | Purpose & Key Evidence Examples |
|---|---|
| Financial Aspects | Demonstrates shared financial commitments and responsibilities. Evidence includes joint bank accounts, joint loans, utility bills in both names, and superannuation/insurance beneficiary documents. |
| Household Aspects | Proves a shared domestic life. Evidence includes joint lease agreements or property titles, mail addressed to both partners at the same address, and statements explaining the division of household chores. |
| Social Aspects | Shows the relationship is known and accepted by the community. Evidence includes statutory declarations (Form 888) from friends/family, joint invitations, photos together, and evidence of joint travel. |
| Commitment Aspects | Evidences a long-term, exclusive commitment to a shared future. Evidence includes personal statements on the relationship’s history and future, marriage/relationship certificates, and communication records. |
Responding to Character Concerns & Other Grounds
If your partner visa cancellation is due to non-relationship issues, your strategy must directly address the specific grounds cited by the Department of Home Affairs. For character-related cancellations under section 501 of the Migration Act 1958 (Cth), the focus shifts to demonstrating rehabilitation and a low risk of reoffending.
A comprehensive response should include evidence that addresses the following:
| Area of Focus | Examples of Supporting Evidence |
|---|---|
| Rehabilitation & Remorse | Certificates from completed programs (e.g., anger management), psychological reports, and proof of good behaviour during any incarceration. |
| Low Risk to the Community | Experienced opinions (e.g., psychologist’s report), evidence of stable employment, and proof of strong family support. |
| Strong Ties to Australia | Letters of support from Australian family members and documentation showing the best interests of any Australian children involved. |
For cancellations related to providing incorrect information under provisions like Section 109 or PIC 4020, your response must prove there was an honest error rather than deliberate deception. This may involve:
- Providing original documents
- Obtaining letters from issuing authorities to confirm authenticity
- Creating a clear timeline of events to explain any misunderstanding
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Special Circumstances for Visa Appeals
The Family Violence Provisions
Australian immigration law includes specific protections for individuals who have experienced family violence from their sponsoring partner. These provisions recognise that a visa holder should not have to remain in a harmful relationship to secure their future in Australia.
If your relationship has ended due to family violence, you may still be eligible for a permanent partner visa. Family violence is defined broadly and encompasses various forms of abuse, including:
- Sexual, emotional, or psychological abuse
- Financial control and abuse
- Stalking and intimidation
- Threats and coercion
- Forced social isolation
To rely on these provisions, you must provide sufficient evidence to the Department of Home Affairs. This evidence can be either:
| Evidence Type | Description & Examples |
|---|---|
| Judicial Evidence | Consists of court orders or convictions against the partner, such as an Apprehended Violence Order (AVO). |
| Non-Judicial Evidence | A statutory declaration from the applicant, supported by at least two documents from professionals like doctors, police, psychologists, or social workers. |
Other Exceptions for Your Visa Appeal
Beyond the family violence provisions, other special circumstances can protect your partner visa from cancellation even if your relationship with the sponsor has ended. These exceptions acknowledge the significant ties you may have to Australia.
One key exception applies if you and your sponsoring partner have a child together. The visa may not be cancelled if you have:
- Joint custody
- Joint access
- Formal maintenance obligations for a child of the relationship
In these cases, the best interests of the child are a primary consideration for the Department of Home Affairs.
Another important exception is in the unfortunate event that your sponsoring partner passes away. If this occurs, your partner visa application can still proceed. To qualify for this provision, you will need to demonstrate that your relationship was genuine and continuing up until the time of your partner’s death.
Options After an Unsuccessful ART Appeal
Seeking a Judicial Review
If the ART affirms the visa cancellation, you may have the option to seek a judicial review. This is not another merits review of your case but an appeal to a federal court, such as the Federal Circuit and Family Court of Australia, based on a legal error.
You must file for a judicial review within 35 days of the ART’s decision. The court’s role is strictly to determine if the ART made a “jurisdictional error” in its decision-making process. It will not re-examine the facts or evidence of your relationship.
Examples of a jurisdictional error include:
- The tribunal ignoring relevant material or relying on irrelevant information
- The decision being based on a lack of evidence or being otherwise illogical
- Failing to provide a fair process, such as not allowing you to respond to adverse information
If the court finds that a legal error occurred, it cannot grant the visa. Instead, it will send the case back to the ART with instructions to reconsider the decision according to the law.
Requesting Ministerial Intervention
As a final resort after all other appeal options have been exhausted, you can request Ministerial Intervention. This involves writing to the Minister for Immigration and asking them to use their personal discretionary powers under section 351 of the Migration Act 1958 (Cth).
This is not a formal appeal right, and the Minister is not obligated to consider your request. Following new instructions issued in September 2025, the assessment process is no longer based on subjective “unique and compelling” circumstances. Instead, a request must first meet strict, objective criteria before it will be referred to the Minister for personal consideration.
Due to its discretionary nature, the success rate for these requests is very low. A request will only proceed if it meets one of the specific referral criteria, which include cases where the applicant:
Is the carer of an Australian citizen who has a medically certified need for care.
Is the parent of a minor Australian citizen or permanent resident.
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Conclusion
A partner visa cancellation can be challenged by understanding the specific grounds for the decision and navigating the appeal process at the ART. Success hinges on acting within strict time limits, building a strong case with robust evidence, and understanding all available options, from special provisions to further legal reviews.
Navigating this complex process requires careful strategy and an in-depth understanding of Australian immigration law. To protect your future in Australia and ensure your case is presented effectively, contact
Moya Migration Law’s experienced Partner Visa lawyers for trusted legal guidance on your partner visa cancellation appeal today.
