Introduction
If your visa has been refused and you did not lodge an Administrative Review Tribunal (ART) appeal within 28 days, section 48 of the Migration Act bars you from applying for most onshore visas, including many partner visas. However, there are limited circumstances where a partner visa application can proceed despite the bar. Understanding the legal hurdles is essential.
Explaining Why You Did Not Seek Review
- When preparing a partner visa application after a refusal, you may need to explain why you chose not to apply for ART review. Keep the explanation factual and concise, focusing on your genuine relationship with your Australian partner and your intention to regularise your immigration status through the appropriate visa pathway.
- Avoid elaborating on compassionate grounds unless they genuinely exist, as unsupported claims may undermine your credibility.
Schedule 3 Considerations
- Applicants who are section 48 barred must meet Schedule 3 of the Migration Regulations. This requires compelling and compassionate reasons for not having left Australia to lodge the partner visa offshore.
- Simply wishing to avoid separation from your partner is generally not considered sufficient. The Department expects applicants to pursue tribunal review if available, as a pending review can remove the need to meet Schedule 3.
- When applying for a partner visa from a Bridging Visa A, you will be granted a Bridging Visa C with no travel rights. Without a subsequent Bridging Visa B, you may be unable to travel for years while your application and any appeals are processed.
Meeting Validity Requirements
- Section 48 barred applicants must ensure their partner visa application satisfies the strict requirements of Schedule 1, including properly completed forms and payment of the correct Visa Application Charge.
- Failure to meet these technical requirements will result in an invalid application and loss of the Visa Application Charge.
Disclaimer: This article provides general information only and does not constitute legal advice. Section 48 and partner visa rules are complex and depend on individual circumstances.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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