Prospective Marriage visa refused: what a 300 refusal letter means, the grounds, and the next step within 28 days
A Prospective Marriage visa refusal can be reviewed by the Administrative Review Tribunal only if the sponsor applies within 28 days of being notified, and the tribunal cannot extend that limit (as at 3 October 2026).
Start with the refusal letter: it explains the reasons and review rights (Home Affairs Prospective Marriage visa page, updated 10 August 2026).
The ART Fees page lists AUD 3,727, reduced by 50% for accepted financial hardship, payable by the same deadline (3 October 2026).
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST in professional fees, separate from the Home Affairs visa application charges.
The standard AUD 11,710 visa application charge is not refunded after refusal (Home Affairs 300 page; Migration Regulations Schedule 1 item 1215).
Other routes are a new 300 application or, only if invited, a 309/100 application within 28 days of the invitation (Migration Regulations reg 2.11).
The review limit is 14 days, not 28, if the person applying is in immigration detention (Migration Act s 347).
This page explains the law as at 3 October 2026 for any refused 300; it is not advice on your refusal.
Ask an Australian migration lawyer to check the refusal letter, notification date and available evidence. The enquiry fields are at the end of this page. Sending an enquiry is not an ART review application.
Important: Section 280 of the Migration Act 1958 makes immigration assistance by a person without registration or exemption unlawful. An unregistered agent need not hold the professional indemnity insurance required of a practising Australian lawyer; if a missed review deadline causes loss, there may be no insurer to claim against.
At a glance — law and fees as at 3 October 2026
| Label | Value |
|---|---|
| Who applies for review | The sponsor, not the visa applicant (Migration Regulations reg 4.02(5)(r)) |
| Time limit for review | 28 days after notification; 14 days in immigration detention; no extension (Migration Act s 347) |
| Tribunal fee | AUD 3,727; 50% for accepted financial hardship (ART Fees page) |
| 300 charge refunded after refusal | No (Home Affairs 300 page, updated 10 August 2026) |
| Partner-category refusal rate | 6.1% in 2024–25; no current 300-only rate is published (Migration Program Report 2024–25) |
| Other routes | A new 300 application; the Minister’s 309/100 invitation (Migration Regulations reg 2.11) |
Review-deadline calculation guide
Use the rules below as a manual deadline guide. This page does not calculate or store your personal date. If the notification method or date is uncertain, ask a lawyer promptly and use the earliest plausible deadline for planning.
| What to check | Relevant detail |
|---|---|
| How the decision reached the sponsor | Email or fax / ImmiAccount / handed over / prepaid post to an Australian address / prepaid post to any other address |
| Date of that step | Use the sent date for email or fax, availability date for ImmiAccount, handover date for delivery, or date printed on the letter for post. |
| Immigration detention | The shorter 14-day limit applies if the review applicant is in immigration detention. |
| Financial hardship | The ART decides whether to accept a request for the 50% fee reduction. |
Under Migration Act ss 494C–494D, the delivery method determines the notification day. If an authorised recipient was appointed, use the delivery step to them; if unsure, enter the earliest date that could apply.
| Result to determine | Rule |
|---|---|
| Day the sponsor is taken to be notified | Email or fax: sent day; ImmiAccount: availability day; handed over: handover day. Electronic notification is deemed received at the end of that day under s 494C. |
| Notification by prepaid post | Posted within Australia to an Australian address: 7 working days after the letter’s date. Otherwise: 21 days after its date (s 494C(4)). The working-day calculation counts Monday to Friday and does not skip public holidays. |
| Last day to apply and pay | Notification day plus 28 calendar days, or 14 instead of 28 for detention (s 347(3)); displayed as “Thursday 29 October 2026”. |
| Days left | Count calendar days from today to the last day; do not assume a weekend or holiday extends it. |
| Fee to pay by that day | AUD 3,727, or AUD 1,863.50 if the ART accepts financial hardship: 3,727 × 50% = 1,863.50 (ART Fees page, 3 October 2026). |
| Who applies | The sponsor (Migration Regulations reg 4.02(5)(r)). |
| If the date has passed | The ART has no power to extend it (Migration Act s 347(5)); other legal routes are discussed below. |
Counts calendar days after notification.
Does not move the displayed deadline for weekends or public holidays: apply before the date shown.
Law as at 3 October 2026; the ART fee is indexed each 1 July under Migration Regulations reg 4.13A.
Example: A decision emailed on Thursday 1 October 2026 is notified that day. Adding 28 days gives Thursday 29 October 2026 as the last day to apply and pay (Migration Act ss 494C(5) and 347(3)).
Reading the refusal letter alongside the date guide
- Why it was refused: Home Affairs’ Prospective Marriage visa page says the letter explains why the visa was refused.
- Whether review is available: that page and the Partner visa FAQs say the letter identifies any review right.
- Who applies: for a 300 refusal, the sponsor applies under Migration Regulations reg 4.02(5)(r).
What happens when a Prospective Marriage visa is refused?
When a Prospective Marriage visa is refused, Home Affairs sends a written decision, and the 28-day review period starts on the day the sponsor is notified (Home Affairs Prospective Marriage visa page; Migration Act s 347).
- A written decision is issued. The Home Affairs Prospective Marriage visa page says Home Affairs tells you its decision in writing.
- The letter explains the refusal. It gives the reasons and any right to review.
- The review clock runs from notification. Migration Act s 347 allows 28 days, or 14 days in immigration detention, with no extension.
- The visa charge is not returned. Home Affairs does not refund it after refusal; the standard main-applicant charge is AUD 11,710 from 1 July 2026 under Schedule 1 item 1215.
Each ground a refusal can rest on is one of the requirements of the subclass 300 visa, which the main guide lists in full.
Reading the refusal letter
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The reasons: identify which criterion the decision maker was not satisfied you met. Match the clause or public interest criterion to the grounds below (Home Affairs 300 page).
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The review right: a 300 refusal is a prescribed reviewable migration decision under Migration Act s 338(9) and Migration Regulations reg 4.02(4)(s). The Home Affairs Partner visa FAQs, updated 25 September 2026, say the letter tells you whether review is available.
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Who applies: the sponsor—not the fiancé or fiancée—is the review applicant under reg 4.02(5)(r) and Act s 347A(1)(d). For a 309 refusal, the applicant applies under reg 4.02(5)(raa).
Grounds a 300 can be refused on
Home Affairs checks the applicable criteria before deciding; clause 300.221 of the Migration Regulations 1994 specifically requires the eligible-partner, meeting and both intention criteria to still be met at decision. The refusal letter identifies the criterion not met.
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Not met in person or not known personally. The couple must have met in person since each turned 18 and know each other personally (cl 300.214).
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No genuine intention to marry within the visa period or live together as spouses. These are separate requirements under clauses 300.215 and 300.216.
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An impediment to marriage at decision. An earlier marriage not legally ended or a prohibited relationship is an impediment under cl 300.221A and Marriage Act s 23B.
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A public interest criterion not met. Clause 300.223 includes character (4001), Commonwealth debts (4004), health (4007, with a waiver power), values statement (4019), bogus documents or materially false or misleading information (4020), and valid passport (4021). Under PIC 4020(2), a refusal under 4020(1) also affects new applications by the applicant and family-unit members within three years, unless waived under 4020(4); the under-18 exception in 4020(2AA) applies. Home Affairs’ 300 page also addresses immigration history, forced-marriage risk and an under-18 applicant’s best interests.
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Sponsorship not approved or no longer in force. Clause 300.222 requires current approval. Regulation 1.20J generally permits no more than one earlier person granted partner or 300 permission through the sponsor, with five years since that earlier application and the sponsor’s own partner-based application, unless compelling circumstances apply. Relevant offences with a significant criminal record, and registrable offences where an applicant is under 18, are addressed by regs 1.20KB–1.20KD, including their exceptions.
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No consent to disclose relevant-offence convictions. Clause 300.222(2) requires the sponsor’s consent; without it, the visa must be refused, as explained on Home Affairs’ Measures for the protection of children page, updated 24 September 2026.
Marrying before the decision also ends 300 eligibility: Home Affairs’ 300 page requires notification, a 309/100 request and withdrawal of the 300; reg 2.08E provides the marriage-notification mechanism, and an unwithdrawn 300 is refused.
What Home Affairs accepts for the met-in-person and intention criteria is set out under proving your relationship for a subclass 300. The sponsor’s own tests, including the limit on earlier sponsorships, are explained under subclass 300 sponsorship.
How many partner visas are refused?
No current 300-only refusal rate is published.
The Partner category’s figure for 2024–25 is 6.1% refused and 93.9% granted, according to Home Affairs’ 2024–25 Migration Program Report. The report gives earlier refusal rates of 4.2% in 2021–22, 7.4% in 2022–23 and 7.9% in 2023–24. These rates cover the temporary and provisional stage, primary and secondary applicants, with withdrawals excluded.
Your options after a refusal: review, a new application, or the 309/100 invitation
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ART review. The sponsor applies within 28 days of notification, or 14 days in immigration detention, under Migration Act s 347. The ART cannot extend the limit; its Fees page lists AUD 3,727, or 50% for accepted financial hardship, payable by the deadline as at 3 October 2026.
The steps, the fee rules and what the tribunal can decide are set out on the page on subclass 300 refusal review.
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A new 300 application. Schedule 1 item 1215(3)(b) requires lodgement outside Australia, with the charge paid again: the standard main-applicant charge is AUD 11,710 from 1 July 2026. Home Affairs’ 300 page says immigration history is considered and a previous refusal can make someone ineligible. A refusal under PIC 4020(1) affects applications within three years under 4020(2), subject to the waiver and under-18 exception.
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The Minister’s invitation to apply for 309/100. This exists only if the Minister invites it after refusing the 300 under reg 2.11(2A), where it appears the different-class visa would likely have been granted under reg 2.11(1). The ART cannot invite under reg 2.11(3). Apply within 28 days of the invitation, or 70 if the Minister so decides, under reg 2.11(4). Only the amount by which the new charge exceeds the 300 charge already paid is payable under reg 2.11(5).
None is automatic: review and an invitation have their own deadlines, while a new application must meet the applicable eligibility and timing restrictions.
Common mistakes
- The fiancé or fiancée lodges review: reg 4.02(5)(r) names the sponsor.
- Counting from when the letter was opened: notification depends on delivery under Act ss 494C–494D.
- Using the AAT or a 70-day review limit: the ART replaced the AAT on 14 October 2024, according to ART’s commencement announcement; Act s 347 sets the review limit.
Is the AUD 11,710 refunded?
No. Home Affairs does not refund the visa application charge when it refuses a Prospective Marriage visa (300 page, updated 10 August 2026).
The ART fee is separate: Migration Regulations reg 4.14 provides a 50% refund if the ART sets aside, varies or remits the decision. A new 300 application pays the visa charge again under Schedule 1 item 1215.
The cost page sets out how much is a prospective marriage visa for each family member, and the charges that follow the wedding.
Married after the refusal
If the couple marry after the refusal while the sponsor’s ART review is still running, the application is taken also to be a partner visa (309/100) application made on the day the ART sends it back, provided the ART is told of the marriage, the marriage is valid for the Migration Act, and the ART decides to remit (Migration Regulations reg 4.15(4)).
With no review on foot, a married couple seeking 309/100 makes a new application outside Australia; its standard main-applicant charge is AUD 11,710 as at 3 October 2026 (Migration Regulations Schedule 1 items 1220A and 1129; Home Affairs visa pricing).
Frequently asked questions
Can a fiancé visa be denied?
Yes. Home Affairs refuses a subclass 300 when an applicable criterion is not met and gives its reasons in writing; cl 300.221 requires specified criteria to continue at decision (Home Affairs 300 page; Migration Regulations).
Can I reapply after a refusal?
A new 300 application is lodged outside Australia with the charge again—standard AUD 11,710 from 1 July 2026 under item 1215. Home Affairs considers the earlier refusal; PIC 4020(2) imposes a three-year restriction after a 4020(1) refusal, subject to waiver and the under-18 exception.
Can the fiancé or fiancée apply for review instead of the sponsor?
No. Migration Regulations reg 4.02(5)(r) names the sponsor for a 300 refusal; reg 4.02(5)(raa) names the applicant for a 309 refusal.
A refused 300 visa: what an Australian migration lawyer checks about ART review
An Australian migration lawyer can check the refusal ground, evidence and deadline without predicting the review outcome.
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Sponsor and deadline: confirm the sponsor’s standing under reg 4.02(5)(r), the notification method and date, and the deadline for lodgement and payment. Migration Act s 347 allows 28 days, or 14 in detention, with no extension.
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Criterion and evidence: read the clause identified in the letter, check evidence consistency and missing documents, and compare review with a new application or any actual reg 2.11 invitation.
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Representation: the ART Immigration and citizenship page permits a lawyer with an Australian practising certificate to represent the sponsor. Migration Act s 280(3) permits immigration assistance in connection with legal practice.
The Prospective Marriage visa lawyer page explains what counsel can check at each stage. The shared enquiry page can send a private question to Australian Migration Lawyers.
If you need an individual review check
Have the refusal letter, method and date of notification, sponsor’s details and any payment deadline ready for an Australian migration lawyer. The shared enquiry page can send a private question to Australian Migration Lawyers. If a deadline is close, contact an Australian migration lawyer directly; viewing this page does not lodge an application or pause a deadline.
An enquiry does not lodge ART review or pay the tribunal fee.