Partner Visa Refusal Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Expertise in Partner Visa Refusal Appeals:

Refusal Analysis & Appeal Strategy

We provide an in-depth analysis of your partner visa refusal decision, identifying key grounds for appeal and developing a tailored legal strategy for the ART.

Evidence & Submission Preparation

Our lawyers assists you in gathering crucial evidence and meticulously prepares compelling written submissions to directly address the reasons for refusal.

Administrative Review Tribunal Representation

We offer expert legal representation at your Administrative Review Tribunal (ART) hearing, presenting your case effectively and advocating strongly on your behalf.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully appealing your Partner Visa Refusal.

What Our Happy Clients Say

Hear directly from our successful learners.

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Options After a Partner Visa Refusal?

Receiving a partner visa refusal is distressing. Understanding your next steps and acting quickly is crucial, as strict time limits often apply to appeal rights.

Appealing to the Administrative Review Tribunal (ART) is a common pathway. This involves an independent merits review where the ART reassesses all facts and evidence to make a new decision.

In some circumstances, lodging a new, stronger partner visa application that addresses the initial refusal reasons may also be considered.

Why Choose Moya Migration Law for Your Partner Visa Appeal?

Choosing the right legal partner is crucial when facing a partner visa refusal. Moya Migration Law offers specialised expertise and a dedicated, client-focused approach to effectively navigate your appeal and secure your future together in Australia.

Decades of Experience with Partner Visa Appeals

Principal Lawyer Daniel Moya has specialised in migration law since 2002, with extensive experience representing clients in complex partner visa refusal appeals before the ART.

A Client-Focused Approach to Your Case

We prioritise clear communication and understanding your unique situation, providing dedicated support to keep you informed and confident throughout your appeal.

Strategic & Tailored Appeal Preparation

We develop tailored strategies for each partner visa appeal, focusing on meticulous evidence gathering and strong submissions to maximise your chances of success.

In-Depth Knowledge of Immigration Law

Our profound understanding of Australian immigration law and policy ensures your partner visa appeal is prepared meticulously, meeting all legal requirements for the best outcome.

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Our 5-Step Our Visa Refusal Appeal Process

At Moya Migration Law, we follow a clear, structured process for partner visa refusal appeals, designed to give your case the strongest foundation. We understand the emotional toll of a refusal and provide dedicated support and expert representation every step of the way to maximise your chances of success.

1

Initial Consultation & Engagement

Consult our immigration lawyers about your partner visa refusal. We’ll review your case and discuss your options, then send the paperwork to engage our services for the appeal.

2

Case Preparation & Support

Once engaged, we will prepare your case for the Tribunal, creating submissions that address the refusal and gather necessary evidence for your situation.

3

Appeal Submission & Communication

We prepare your case by gathering evidence, drafting legal submissions for the refusal/cancellation, and, if needed, preparing witness statements for your appeal.

4

Skilled Representation at Your Tribunal Hearing

We provide strong representation at Tribunal hearings, advocating for your case to achieve a successful visa outcome and secure residency in Australia with your partner.

5

Post-Decision Guidance & Next Steps

After the Tribunal’s decision, we explain the outcome, discuss its implications, and advise on all subsequent steps or further options available.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Partner Visa Appeal Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each case in Australian immigration law. With experience since 2002, he specialises in partner visa applications and appeals for visa refusals at the Administrative Review Tribunal.

Daniel’s goal is clear, personalised legal advice and support throughout the appeal process. This ensures every client gets the attention needed to navigate partner visa refusals successfully. Reflecting his bicultural heritage, Daniel also advises clients in Spanish.

Frequently Asked Questions About Partner Visa Refusals

What are the most common reasons for a partner visa refusal?

Partner visa applications are often refused due to insufficient evidence of a genuine and ongoing relationship, failure to meet health or character requirements, submitting incomplete or incorrect application forms, or the sponsor being ineligible.

Can I stay in Australia if my partner visa is refused?

If your partner visa is refused while you are in Australia, your right to remain depends on the status of your current visa. It is crucial to seek immediate legal advice to understand your options, which may include lodging an appeal or applying for a different visa.

How can I appeal a partner visa refusal?

A partner visa refusal can be appealed to the Administrative Review Tribunal (ART). The appeal must be lodged within a strict timeframe, usually within 21 to 28 days of the refusal notice. The ART conducts an independent merits review, reassessing all evidence to make a new decision.

Is it possible to reapply for a partner visa after a refusal?

Yes, it is generally possible to reapply for a partner visa after a refusal. However, it is critical to understand and address the reasons for the initial refusal in the new application to increase the chances of success.

How long does the partner visa application process take?

The processing time for a partner visa can vary significantly, ranging from several months to over a year. Factors influencing the timeline include the complexity of the case, the completeness of the application, and the Department of Home Affairs’ current caseload.

What is the difference between a migration agent and an immigration lawyer?

An immigration lawyer has completed a law degree and is admitted to a Supreme Court, enabling them to provide legal advice and represent clients in court. A migration agent is registered after completing a shorter course and cannot provide legal representation in courts. Lawyers can handle the entire legal process, including judicial reviews if an appeal to the tribunal is unsuccessful.

What happens at a Tribunal hearing for a partner visa refusal?

A Tribunal hearing is a merits review, offering a second chance to present your case. The Tribunal Member considers all original information plus any new evidence submitted up to the hearing date. You will have the opportunity to present your case and respond to questions.

What is the time limit to appeal a partner visa refusal?

There are strict time limits for lodging an appeal with the Tribunal, typically within 21 to 28 days of receiving the refusal notification. Missing this deadline results in losing the right to a review.

Why is providing insufficient evidence a common reason for refusal?

The Department of Home Affairs requires comprehensive proof that a relationship is genuine and continuing across financial, social, household, and commitment aspects. Many applications fail because they do not provide strong, consistent evidence covering all these areas.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.