In my professional experience handling partner visa matters, the most common reason for refusal is insufficient evidence establishing a “genuine and continuing relationship” — in other words, an application that fails to address, with documents and clear explanation, the four factors prescribed in Regulation 1.15A: the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other. That said, refusal can arise from several other legal grounds as well.
This analysis is provided by Negin Safaei, Australian migration lawyer, MARA registration number 1791573, drawing on years of hands-on work with family visa applications. Her emphasis is unambiguous: Regulation 1.15A requires the decision-maker to consider “all of the circumstances of the relationship” — from the extent to which the parties have pooled their financial resources, their major financial commitments and the basis on which day-to-day household expenses are shared, through to how the relationship is regarded by friends and acquaintances and the basis on which the couple participates in joint social activities. An application that does not tell the story of these four pillars with tangible evidence is at risk of refusal, even where the relationship is entirely genuine.
Alongside this, there are several other legal pathways to refusal that should not be overlooked: failure of the sponsor to be approved (sponsorship is assessed separately and includes character checking of the sponsor), failure to satisfy the twelve-month de facto relationship requirement under Regulation 1.09A — unless the relationship is registered under a State or Territory relationship register, or “compelling and compassionate” circumstances exist — failure to meet the health and character criteria, and the provision of false or misleading information, which engages PIC 4020 and can carry an exclusion period.
Another important point concerns what happens after a refusal. The ART — the Administrative Review Tribunal — is a body that conducts merits review of government decisions; it is not a court. It replaced the AAT on 14 October 2024 and holds the same jurisdiction to review visa and protection decisions. An application for review at the ART requires payment of a separate fee, and in my professional experience the partner visa caseload is one of the busiest areas of that Tribunal’s work — that is a practical impression from the coalface, not an official statistic.
Finally, let me be completely transparent: there is no legal requirement to engage a migration lawyer or agent, and every applicant is entitled to lodge their own application. Nor can anyone guarantee a visa outcome. What professional assistance does deliver is an application that has been built from day one to align with the legal criteria, and that presents the story of the relationship in an evidenced, organised and readily assessable way.
If you would like to know where the weak links in your application lie before you lodge, a short and honest conversation with Negin Safaei can bring clarity to your pathway and peace of mind to you.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.