One of the most frequent worries raised in the Q&A section of the program is exactly this: a couple has lodged their partner visa application, has been waiting for months, and then hears that “one day the case officer might ring out of the blue”. In this article, Negin Safaei, Australian immigration lawyer and MARA registered agent (MARN 1791573), sets out precisely what authority Australian migration law gives the Department, how that authority is exercised in practice, and which widely repeated claims circulating in the Persian-speaking community have no basis in legislation or published policy.
The short answer
Yes, a phone call or an interview in an Australian partner visa application is possible, and its legal basis is sections 55 to 59 of the Migration Act 1958. But it is not a standard or mandatory step in every case; most partner applications are decided on the documents provided. A call or interview is at the case officer’s discretion and usually occurs where there is some doubt about the genuineness of the relationship or about the claims made in the application.
What the law says
The governing framework here is the Code of Procedure in Part 2, Division 4 of the Migration Act 1958. The section headings themselves make the answer clear:
- Section 55 — Further information may be given: an applicant may provide further information and documents up until a decision is made, and the decision-maker must have regard to them.
- Section 56 — Further information may be sought: the decision-maker may obtain any information that is considered relevant and may invite the applicant, in writing or orally, to give additional information. The word “orally” is precisely what makes a phone call legally possible.
- Section 57 — Certain information must be given to applicant: where there is adverse “relevant information” that would form part of the reason for refusing the application and that was not given by the applicant, the Department must disclose it to the applicant and give an opportunity to respond and comment. This is one of the most important legal safeguards you have during any call or interview.
- Section 58 — Invitation to give further information or comments: the invitation must specify the manner in which, and the period within which, the response is to be given; the response may be sought in writing, by telephone, or at an interview.
- Section 59 — Interviews: where an applicant is invited to an interview, the applicant must make “every reasonable effort” to be available and to attend. The Act does not require attendance in person; an interview by telephone can suffice.
The content of the questions is not random either: the case officer assesses the relationship against the criteria in regulation 1.15A of the Migration Regulations 1994 (and, for a de facto relationship, regulation 1.09A) — that is, the four aspects of financial matters, the nature of the household, the social aspects of the relationship, and the nature of the parties’ commitment to each other. So questions over the phone usually revolve around these same four pillars, and their purpose is to verify what you have already set out in your documents and statements.
What has a legal basis, and what is only anecdotal experience
| Common claim | The actual position |
|---|---|
| The case officer can telephone you or arrange an interview | Expressly grounded in law — sections 56, 58 and 59 of the Migration Act 1958 |
| A phone call or interview is “highly likely” and a routine step in every partner application | No published Department of Home Affairs material says anything of the kind. The conventional route for requesting information is a request for documents sent through ImmiAccount. An interview is a discretionary, targeted tool — not a standard step |
| One officer calls the applicant and the sponsor “at the same time” | No published policy describes any such method. What is reported anecdotally are separate calls, sometimes a short time apart — practitioner experience, not official procedure |
| The questions amount to an “interrogation” | Questions can be personal and detailed, but every interview is subject to the Code of Procedure — in particular section 57, which requires adverse information to be put to you for comment, and section 58, which fixes the manner and time limit for your response |
| Home visits and questioning the neighbours are part of partner visa assessment | No such practice is confirmed as part of the conventional processing of a partner application in any official Department of Home Affairs publication, in the Migration Act, or in MARA guidance. Officers cannot enter private premises without the occupant’s consent or lawful authority, and the powers to “enter premises for visa monitoring purposes” in the Act (including section 268CA) are framed in the context of education provider premises — not the home of a partner couple. Field visits in compliance/fraud contexts are exceptional and should not be portrayed as a common experience |
An important practical point: if a call comes at an inconvenient moment, or at a time when you are not linguistically prepared, you can politely ask the case officer to arrange another time, to communicate through your registered migration agent (as nominated in Form 956), or to have an interpreter present. This is a request — not a published entitlement — but a reasonable one that is usually accommodated, provided it does not conflict with the section 59 obligation to make “every reasonable effort” to attend.
What this means for you
Negin Safaei explains that preparing for a phone call is really the same thing as preparing a coherent application: if your statements, dates, shared addresses and the details of your day-to-day life are accurate and consistent across your documents, a phone call will do no more than confirm that same reality. Before a decision is made, both partners would do well to revisit what they have said in the application — not in order to “memorise answers”, but so that each person’s account of one shared life is natural and consistent.
And if a call or interview does occur, know that the law has not left you defenceless: section 57 obliges the Department to put adverse information that bears on the decision to you for comment, and section 58 makes clear the manner and the time limit for your response. Calm, honesty, and coordination with your MARA registered agent are your three real tools at this stage. That is exactly what professional practice within the MARA Code of Conduct means: guiding an application with accurate documents and realistic expectations, not with guesswork and hearsay.
Sources
- Migration Act 1958 (Cth) — Part 2, Division 4 “Code of Procedure”, sections 55–59 and section 268CA (current compilation): legislation.gov.au/C1958A00062/latest
- Migration Regulations 1994 (Cth) — regulation 1.15A (spousal relationship) and regulation 1.09A (de facto relationship): legislation.gov.au/F1996B00539/latest
- Department of Home Affairs — Partner visa (temporary) subclass 820: immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820
- Department of Home Affairs — Partner visa (provisional) subclass 309: immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-migration/partner-provisional-309
- Office of the Migration Agents Registration Authority (MARA) — Code of Conduct and guidance for registered agents: mara.gov.au
Your partner application, fully prepared
If you are waiting on a decision in your partner application, or you have had a call from the Department and are unsure what the right next step is, you do not have to navigate this on guesswork and other people’s stories. In a consultation we can review the evidence across the four aspects of the relationship together, resolve any inconsistencies before they turn into doubts, and prepare both you and your sponsor for any question — by phone or in person. Negin Safaei, Australian immigration lawyer and MARA registered agent (MARN 1791573), is ready to review your case; send a message to arrange a consultation and set out your question clearly.
Frequently asked questions
Can the Department of Home Affairs lawfully telephone me without any prior notice?
Yes. Section 56 of the Migration Act 1958 allows the decision-maker to obtain any information considered relevant and to invite the applicant, in writing or orally, to give additional information, and section 58 allows the response to be sought in writing, by telephone, or at an interview. That said, such a call is not a standard step in every partner application and is made at the case officer’s discretion.
Is an interview likely in a partner visa application?
No official Department of Home Affairs publication states that interviews or phone calls are common or routine in partner applications. The conventional route for requesting information is a request for documents through ImmiAccount, and most applications are decided on the documents. An interview tends to arise where the case officer has doubts about the genuineness of the relationship or about the claims made in the application.
Does the case officer call the applicant and the sponsor at the same time?
No published Department of Home Affairs policy describes any such practice. What is reported anecdotally are separate calls, sometimes a short time apart; that is practitioner experience, not a documented official procedure.
If my partner and I give different answers, will the application be refused?
A minor difference in detail is not, in itself, a reason for refusal. What matters is that each person’s account is consistent with the documents and statements in the application and with the criteria in regulation 1.15A. If there is adverse information that bears on the decision, section 57 of the Migration Act 1958 obliges the Department to put it to the applicant for comment.
Can I ask for the interview to be rescheduled, or for an interpreter to be present?
You can request this — including that arrangements be made through your registered migration agent, or that an interpreter attend. It is a reasonable request rather than a published entitlement; at the same time, section 59 of the Migration Act 1958 requires the applicant to make every reasonable effort to be available and to attend the interview.
Do immigration officers visit partner couples’ homes or question the neighbours?
No such practice is confirmed as part of conventional partner visa processing in Department of Home Affairs publications, in the Migration Act, or in MARA guidance. Officers cannot enter private premises without the occupant’s consent or lawful authority; the powers to enter premises for visa monitoring purposes in the Act (such as section 268CA) are framed in the context of education provider premises. Field visits in compliance and fraud contexts are exceptional.
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.