Visa Refused, or Asked for More Information?

Does the Section 48 bar apply to you?

Section 48 of the Migration Act 1958 stops you lodging most new visa applications while you’re in Australia, if all three of the following are true at the same time:

• You’re physically in Australia (in the “migration zone”)
• You don’t currently hold a substantive visa — for example, you’re on a bridging visa
• Since your last entry to Australia, you’ve had a visa refused or certain kinds of visa cancelled

Does the Schedule 3 criteria apply to you?

If you’re applying for a partner visa onshore without holding a substantive visa, Schedule 3 of the Migration Regulations comes into play alongside section 48. It requires you to show compelling reasons why your application should still be considered, given your current status.

• Schedule 3 criteria are assessed by the case officer handling your application — there’s genuine discretion involved, not a fixed checklist
• Compelling and compassionate circumstances are inherently subjective, so how the evidence is framed and presented matters as much as the facts themselves
• This most commonly comes up for onshore partner applicants who’ve had a previous visa refused and are currently on a bridging visa

Have you received a Section 56 request for information?

A Section 56 request (often called an “RFI”) is a formal letter asking you to provide more documents or clarification before a decision is made. It’s routine — most applications go through at least one — but it needs to be treated seriously.

• Your letter will state your exact deadline — commonly around 28 days, but this varies, so read your own letter rather than relying on a general figure
• You generally only get one chance to respond fully — a partial or rushed response can be as damaging as no response at all
• If you miss the deadline, the case officer can decide your application on the information already on file — which often means refusal
• For partner visas specifically, a Section 56 request commonly asks for updated relationship evidence — for example, a statutory declaration (Form 888) from a witness covering the period since you first applied

Have you received a Section 57 natural justice letter?

This is a different, more serious letter to a standard RFI. A Section 57 letter tells you the Department holds information that could count against your application — sometimes from a third party — and gives you a chance to respond before any decision is made. If you’ve received one of these rather than a standard Section 56 request, it’s worth getting advice on your specific letter before responding, since what’s at stake and how to respond both differ from a routine information request.

Has your visa actually been refused?

If a decision has already been made and it wasn’t in your favour, your options depend on what kind of review right you have and how much time is left on the clock.

• Most refusals can be taken to the Administrative Review Tribunal (ART) — the body that replaced the AAT in October 2024 — for merits review, where the whole case is looked at again, including new evidence
• Review deadlines are strict and vary by visa type and by whether you are in or outside Australia — often just days or a few weeks from the date you are notified — so the date stated in your refusal letter is what governs, not a general rule
• Recent reforms mean some visa categories may now be decided by the Tribunal on the papers, without an oral hearing — which makes a well-prepared written submission more important than it used to be
• Separately, a partner visa application can often still be lodged even after a refusal on a different visa (see Question 1) — running a fresh partner application and a review of the earlier refusal in parallel is sometimes the strongest approach

Ministerial intervention

Where merits review isn’t available, or has been unsuccessful, requesting the Minister personally intervene in exceptional or compassionate circumstances is sometimes the only remaining avenue. It’s important to understand this is entirely discretionary — there’s no right to have a request considered, and no set timeframe for a response. We only recommend this path where the circumstances genuinely warrant it, and we’re honest with you about how limited the realistic prospects are.

What we do for clients facing a refusal or an RFI

• Review your refusal letter or Department correspondence line by line, so you know exactly what’s actually being said — not just what it feels like it’s saying
• Assess whether section 48 or Schedule 3 genuinely applies to your situation, and what pathways remain open regardless
• Prepare a complete, well-organised response to a Section 56 or Section 57 letter before your one chance is used up
• Confirm your exact review deadline and lodge an Administrative Review Tribunal application where merits review is available
• Prepare submissions and evidence for a Tribunal review, including for matters that may be decided without an oral hearing
• Explore parallel pathways — such as a fresh onshore partner visa application — alongside a pending review, where that’s a genuine option
• Give you an honest assessment of what’s realistic, including when Ministerial intervention is or isn’t a sensible use of your time