Legal Project Management Plan & Checklist
Use this fork when your client has had a partner visa application refused and wishes to seek merits review before the ART. Partner visa refusals are among the most evidence-intensive ART matters: the practitioner must address all four pillars of the relationship definition, assess Schedule 3 criteria where the client held no substantive visa at the time of application, and check for any sponsorship bar. This fork also applies when the relationship has broken down due to domestic and family violence and the client still seeks the visa.
This fork covers partner visa refusal appeals within the ART Migration jurisdictional area. It applies to Subclass 309/100 (offshore partner) and Subclass 820/801 (onshore partner) visa refusals. The ART replaced the AAT on 14 October 2024. Filing deadline: 28 days from notification (14 days if in immigration detention) - strictly non-extendable.
The practitioner reviews the decision record for the specific refusal grounds, then assembles a comprehensive evidence bundle addressing the four pillars of the relationship under reg 1.15A: financial aspects, social aspects, household aspects, and commitment. If Schedule 3 criteria apply (no substantive visa held at time of application), evidence of compelling reasons for a waiver is prepared at the high threshold required by case law. If a sponsorship bar applies under regs 1.20J or 1.20K, eligibility for an exemption is assessed. If family violence is relevant, evidence is gathered under the expanded family violence provisions (amended 1 July 2024). A Statement of Position is filed. The Tribunal holds a hearing. If successful, the visa is granted. If adverse, judicial review or ministerial intervention is considered.
Key legislation: Migration Act 1958 (Cth) Part 5 (merits review); Migration Regulations 1994 (Cth) Schedule 2 (partner visa criteria), Schedule 3 (criteria where no substantive visa held), reg 1.15A (spouse and de facto partner definition - four pillars), regs 1.20J and 1.20K (sponsorship bar: lifetime maximum 2 sponsored partners, 5-year waiting period), regs 1.21 and 1.23 (family violence definition and evidence); Administrative Review Tribunal Act 2024 (Cth). Fees: ,580 ART migration fee; 50% reduction available for hardship; full refund on success less . Median ART processing time for family/partner visas: 2 years 1 month (95th percentile: 3 years 6 months) as at 2025-2026 data. Case law: He v MIBP [2017] FCAFC 206 (foundational reg 1.15A authority, all four pillars must be addressed); Waensila v MIBP [2016] FCAFC 32 (Schedule 3 waiver - circumstances must be persuasive, cogent, convincing, irresistible, and weighty); FWO v Um [2025] FedCFamC2G 1755 (genuine relationship alone does not constitute compelling reasons for Schedule 3 waiver); Plongkham v Minister [2025] FedCFamC2G 1265 (jurisdictional error where Tribunal failed to properly apply the compelling reasons test). Public Interest Criterion 4020: 3-year exclusion for false documents, 10-year exclusion for identity concerns.
* 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.
Gather comprehensive relationship evidence addressing financial, social, household, and commitment pillars per reg 1.15A.
Draft points of contention and file with statutory declarations, Form 888, and indexed evidence.
Conduct mock hearings and prepare client and sponsor for the Tribunal interview.
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