Our client’s Partner (Temporary) (Class UK, Subclass 820) visa was refused by the Department of Home Affairs,a partner visa refused on the basis that she was not in a genuine and continuing relationship with her partner at the time of application.
Following a hearing before the Administrative Review Tribunal, the Tribunal set aside the Department’s refusal and remitted the matter for reconsideration, finding that our client satisfied the relevant criteria for the grant of a Partner visa.
The outcome was achieved despite three significant obstacles:
- the relationship had broken down following family violence;
- no sponsorship application had been lodged; and
- the sponsor had sadly passed away before the review was determined and was therefore unable to corroborate the relationship or confirm that he had agreed to sponsor our client.
This case is one of many partner visa refusal stories that show a refusal is not always the end of the road.
Background: A Relationship Marked by Family Violence, No Sponsorship, and a Sponsor's Death
Our client applied for a Partner visa on the basis of her relationship with her Australian partner.
The relationship subsequently broke down in circumstances involving family violence. Our client obtained a final apprehended domestic violence order from the Local Court for her protection against the sponsor and later notified the Department that the relationship had ended.
The Department refused the application, finding that the couple were not in a genuine and continuing spousal or de facto relationship at the time the application was made. Our client, disagreeing with that assessment, sought merits review of the refusal.
The matter was further complicated by the sponsor’s death before the review was determined. He was therefore unable to give evidence about the relationship or his intentions concerning the visa application. The burden of establishing the relevant matters consequently fell largely on the evidence our client could identify, obtain and present.
The Legal Landscape: Two Questions for the Tribunal
To satisfy the criteria for a Partner visa, an applicant must establish, among other things, that at the time of application they were the spouse or de facto partner of the relevant sponsor and that they were sponsored by that person.
Where a de facto relationship is relied upon, additional criteria under regulation 2.03A of the Migration Regulations 1994 (Cth) may also apply, including the prescribed relationship-period requirement.
The subsequent breakdown of a relationship does not necessarily prevent a Partner visa from being granted where the relevant legislative provisions concerning family violence are satisfied.
The Tribunal therefore had to consider two critical issues.
First, was the relationship genuine and continuing at the time of application, notwithstanding its subsequent breakdown and the sponsor’s death?
Second, had our client in fact been sponsored, notwithstanding that no formal sponsorship application had been lodged and the sponsor was no longer available to confirm his intentions?
The Added Complexity: No Sponsorship on File
The sponsorship issue was, in many respects, the more difficult hurdle.
No sponsorship form had been lodged with the visa application. The Department had identified this at the refusal stage, and the absence of direct evidence from the sponsor presented an additional difficulty in establishing his intention to sponsor our client.
Ordinarily, a sponsor formally confirms their intention to sponsor and their acceptance of the relevant sponsorship obligations through the sponsorship process. In this case, however, that direct evidence was unavailable. The sponsor had died, and there was no signed sponsorship form on the file demonstrating that he had agreed to sponsor our client or accepted the relevant obligations.
The issue was raised directly by the Tribunal at the hearing. The Tribunal expressed concern about the limited evidence available from the sponsor concerning his intentions and indicated that this could potentially lead to a finding that the sponsorship requirement had not been satisfied.
Our Approach: Building a Case from the Available Evidence
The key to addressing the sponsorship issue was to demonstrate that the absence of a formal sponsorship did not necessarily end the enquiry. The question was whether the available evidence, considered as a whole, could establish the sponsor’s intention to sponsor and his commitment to the visa application.
We therefore directed the Tribunal’s attention to the evidence from which the sponsor’s intentions could be inferred, including:
- a statutory declaration made by the sponsor at the time the visa application was lodged;
- evidence demonstrating the sponsor’s support for the application; and
- other evidence of the couple’s commitment and financial circumstances pointing towards an intention to sponsor.
We also prepared detailed evidence addressing the genuineness of the relationship. This was structured around the four key aspects of the relationship relevant to the Tribunal’s assessment:
- the financial aspects of the relationship;
- the nature of the household;
- the social aspects of the relationship; and
- the nature of the couple’s commitment to one another.
Following the hearing, the Tribunal provided an opportunity for further documents to be submitted. We worked with our client to identify and obtain additional evidence of her relationship with the sponsor, recognising that the additional material could be critical to resolving the outstanding concerns.
The evidence ultimately presented a consistent picture of the relationship and the sponsor’s involvement in the visa application, despite his inability to give evidence himself.
The Outcome: Refusal Set Aside and Remitted for Reconsideration
Following the hearing and consideration of the further evidence, the Tribunal set aside the Department’s refusal and remitted the matter to the Department for reconsideration.
Importantly, the Tribunal accepted the detailed evidence presented on our client’s behalf as sufficient to establish that the relationship was genuine at the time of application and that there was an intention on the sponsor’s part to sponsor the application.
The result was particularly significant given the unusual combination of circumstances: a relationship that had subsequently broken down due to family violence, the absence of a formal sponsorship application and the death of the sponsor before the review could be determined.
Why This Partner Visa Refusal Appeal Matters
A Partner visa refusal based on the alleged lack of a genuine relationship can be particularly difficult to overcome where the relationship has subsequently broken down and the sponsor is no longer available to provide evidence.
The difficulty can be even greater where no formal sponsorship application was lodged. Where the sponsor has subsequently passed away, the applicant may be unable to obtain the most direct evidence of the sponsor’s intentions.
This case demonstrates the importance of looking beyond the absence of a particular document and carefully examining the totality of the available evidence.
It also highlights the importance of presenting a coherent evidentiary case addressing both the relationship itself and the sponsor’s intentions. Evidence from the applicant, statutory declarations, financial records, communications, documentary records and other contemporaneous material may collectively provide important evidence of matters that can no longer be confirmed directly by the sponsor.
Every Partner visa matter turns on its own facts and the applicable legislative requirements. However, where a relationship has broken down in circumstances involving family violence, or where a sponsor is unavailable to provide evidence, careful preparation can be critical to ensuring that the full circumstances of the case are properly considered.
Facing a Partner Visa Refusal?
If your Partner visa application has been refused, or your relationship has broken down in circumstances involving family violence, obtaining legal advice as early as possible is important.
These matters can involve strict statutory requirements and review deadlines, complex evidentiary issues and potentially life-changing consequences. Where the sponsor is unavailable, or where the Department has questioned the genuineness of the relationship, the available evidence should be carefully assessed and presented to address the specific issues raised by the Department or the ART.
Brightstone Legal has extensive experience preparing Partner visa applications, responding to refusals based on relationship genuineness, and representing clients in complex migration review matters before the Administrative Review Tribunal.
If you are facing a Partner visa refusal or have concerns about your relationship circumstances, contact our team to discuss your options.
This article is based on real cases handled by immigration lawyers at Brightstone Migration. It was written and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to share practical insights and experience. The content is for reference only and does not constitute specific legal advice.
Last updated: 20/08/2026
