Partner visa refusal and the ART
Whether a refused partner visa can go to the ART depends on the section 338 rules, mainly where the application was made. Home Affairs says the refusal letter states whether you have review rights.
The ART does review partner visa refusals, but not every one. Whether a particular refusal can be reviewed depends on rules in section 338 of the Migration Act, and Home Affairs says: "Your refusal notification letter will tell you if you have the right to seek review."
This guide explains the general rules behind that letter.
How the rules apply in general
Home Affairs does not set out an onshore and offshore explanation on its partner visa page. The legal split comes from the Act. A partner visa refused after an application made in Australia, for a visa that can be granted in Australia, falls within section 338(2), unless the decision was made in immigration clearance or under section 501. A partner visa applied for from outside Australia depends on other limbs: section 338(5), where the visa could not be granted in Australia and a criterion required sponsorship by an Australian citizen, a permanent visa holder or another sponsor listed in that subsection, or section 338(7A), for permanent visas that can be granted in or outside Australia. No primary source read for this site says in one place how each partner subclass fits these limbs, which is another reason the letter is the place to check.
Who applies also differs. For an onshore refusal, the non-citizen applies and must be in Australia. For a section 338(5) refusal, it is the sponsor who applies for review. The offshore refusals guide covers this in more detail.
The Prospective Marriage visa (subclass 300) was not separately checked for this site, so this page says nothing about it. The regulations that define each partner subclass were also not read.
A permanent partner visa refusal and your status
Home Affairs warns that if a permanent partner visa (subclass 801 or 100) is refused, you no longer hold the temporary partner visa. It tells people to be aware of their visa status and to use VEVO to check their visa details and conditions. Staying without a valid visa is unlawful, which is why the bridging visa question matters; see bridging visas while you seek review.
Time limit, fee and how long it has taken
For reviewable migration decisions, the application is due within 28 days after you are notified, or 14 days if you were in immigration detention on that day. The ART has no power to extend it. The fee for most migration reviews is A$3,727 and must be paid before the deadline, with a 50% reduction available on financial hardship grounds.
The ART publishes how long finished reviews took. For migration reviews it finalised between 1 March 2026 and 31 August 2026, the ART lists a Partner category: half were finalised within 3 years 2 months of lodgement, and 95% within 3 years 11 months. These are past results across the whole category. The ART calls such figures a guide only, and they do not predict how long any new review will take. See how long ART reviews take.
Where to get advice
Partner refusals often involve evidence about the relationship, and the ART can consider new information you give it. A registered migration agent or Australian lawyer is the only kind of adviser who can charge for representing you. You can also represent yourself, and free and low-cost services exist; see free and low-cost help after a visa refusal and hiring a partner visa refusal lawyer.
This guide does not say whether a particular partner refusal is reviewable or in time; it is general information, not legal advice or immigration assistance. The refusal letter states whether review is available, the time limit and who can apply.
Where this came from
- Home Affairs, Partner visa frequently asked questions (checked 16 October 2026).
- Migration Act 1958, ss 338, 347, 347A (checked 16 October 2026).
- ART, Processing times (checked 16 October 2026).
- ART, Fees (checked 16 October 2026).