Visa Refusal Australia: What It Means, Why It Happens, and How to Appeal
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa® Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
Table of Contents
Introduction
As an immigration lawyer, I meet people every week who have experienced the shock and frustration of a visa refusal. It can feel personal — as though Australia has shut its doors on your plans. But a visa refusal doesn’t have to be the end of your journey.
A refusal simply means the Department of Home Affairs wasn’t satisfied you met one or more legal criteria at the time you applied. It does not always mean you’re ineligible to enter or stay in Australia. Many refusals can be successfully overturned through appeal, review, or reapplication.
In this detailed guide, I’ll explain what a visa refusal means, the most common reasons it happens, what your rights are, and how to take practical and lawful steps to fix your situation. Whether you’re a student, partner, worker, or tourist — understanding why a refusal occurs is the first step toward getting your application back on track.
Common Reasons for Visa Refusal in Australia
Visa refusals occur for a variety of reasons. Understanding the reason for your refusal helps you decide your next move — whether to appeal, reapply, or seek Ministerial Intervention.
- Failure to meet Genuine Temporary Entrant (GTE) criteria: Common in student and visitor visas. The Department may believe you intend to stay permanently.
- Insufficient financial evidence: Lack of clear proof you can support yourself while in Australia.
- Inconsistent or false information: Even minor discrepancies can trigger Public Interest Criterion 4020 refusals for “false or misleading information.”
- Character issues: Failing the Character Test under Section 501 of the Migration Act.
- Health concerns: Not meeting Australia’s health requirements or not completing a medical exam on time.
- Previous visa history: Overstays, visa cancellations, or poor immigration record in any country.
- Missing documents or incomplete forms: Small omissions can result in outright refusal.
Every refusal letter includes specific reasons under the Migration Regulations 1994. These details are crucial — they guide how we build your appeal or new application.
The Legal Framework: How Refusals Are Decided
The Department of Home Affairs assesses visa applications under the Migration Act 1958 and the Migration Regulations 1994. Decision-makers use a “balance of probabilities” test, meaning they decide based on whether your claims are more likely true than not.
If the case officer believes your evidence doesn’t meet legal criteria — even if you think it’s reasonable — they must refuse your application. For example, if your financial documents don’t clearly show regular income, they may conclude you can’t support yourself in Australia.
In most cases, the decision letter will also state your review rights, if any. Onshore refusals of certain visa types (student, partner, visitor, skilled, etc.) generally have merits review rights through the Administrative Appeals Tribunal (AAT). Offshore applicants usually do not have appeal rights.
Refusal vs. Cancellation vs. Withdrawal
People often confuse these three terms. Here’s how they differ:
| Action | Meaning | When It Happens | Your Rights |
|---|---|---|---|
| Visa Refusal | Your visa application was not approved because it didn’t meet the criteria. | Before a visa is granted. | May be appealed to the AAT if applied in Australia. |
| Visa Cancellation | Your visa was granted but later cancelled due to breach of conditions or character concerns. | After visa grant. | May be appealed or reviewed; legal representation strongly recommended. |
| Visa Withdrawal | You voluntarily withdraw your visa application before a decision is made. | Before decision. | No appeal rights; may reapply depending on status. |
Step-by-Step Guide: How to Appeal a Visa Refusal
If your visa was refused while you were in Australia, you might be eligible to appeal the decision to the AAT. Timing and precision are critical. You usually have 21 days from the date of refusal to lodge your appeal.
1. Read the refusal letter carefully
It tells you why your visa was refused and whether you have appeal rights. The legal reasons — known as “decision record” — are your roadmap to building a stronger case.
2. Check your appeal eligibility
Not every refusal can be appealed. Student, partner, skilled, and some visitor visa refusals usually can; others cannot. If in doubt, seek advice immediately — even one missed deadline can end your chance to stay lawfully in Australia.
3. Lodge your appeal with the AAT
You must apply online and pay the application fee (currently AUD 3,374, with 50% refundable if successful). You’ll then receive a confirmation and hearing date.
4. Prepare supporting evidence
This is where most appeals succeed or fail. You’ll need to address the Department’s reasons point by point — with new or better evidence. For example, if refused for financial insufficiency, provide six months of consistent bank records or employer letters.
5. Attend the hearing
You’ll meet an independent Tribunal Member who will assess your evidence. Legal representation can make a significant difference — ensuring your submissions align with the Migration Regulations and that your oral evidence supports your claims.
6. Await the decision
The AAT can affirm, set aside, or remit your case. A “remit” means your case is sent back to the Department for reconsideration — often leading to visa grant.
7. If refused again — consider further options
You may seek Ministerial Intervention, judicial review, or a fresh visa application under different grounds.
Post-Refusal Options Summary
- Appeal to the AAT: 21 days deadline, review rights vary.
- Reapply: Possible if visa conditions allow.
- Ministerial Intervention: Last resort for compelling or compassionate circumstances.
- Bridging Visa: Required to stay lawful while awaiting appeal.
Checklist: What to Do Immediately After a Visa Refusal
- Read the refusal letter carefully — identify the refusal reasons.
- Note your appeal deadline — usually 21 days.
- Gather all supporting evidence.
- Seek professional advice before reapplying.
- Maintain your lawful status — apply for a Bridging Visa if required.
- Do not leave Australia without confirming your rights; departure may affect appeal eligibility.
- Prepare personal statements or witness declarations supporting your case.
- Double-check all forms and translations before resubmission.
Real Case Scenarios
Case 1: Student Visa Refused — Later Granted on Appeal
A client from Nepal had her student visa refused for failing to demonstrate genuine temporary entry. After reviewing her file, we provided stronger financial documentation, an updated Statement of Purpose, and evidence of family support. The AAT remitted her case, and the Department granted her visa.
Case 2: Partner Visa Refusal Overturned
A de facto partner visa was refused because the couple couldn’t prove 12 months of cohabitation. We submitted new evidence — joint lease agreements, shared bills, and statutory declarations from friends. The Tribunal accepted the relationship as genuine.
Case 3: Visitor Visa Reapplied After Refusal
A Filipino tourist’s visa was refused twice due to insufficient proof of return intent. On the third application, we provided employment confirmation, leave approvals, and family evidence. The visa was granted within three weeks.
Common Mistakes That Lead to Repeat Refusals
- Reapplying too quickly without addressing prior refusal reasons.
- Submitting identical or weak documentation.
- Ignoring the Genuine Temporary Entrant requirement.
- Failing to disclose previous refusals or visa history.
- Providing inconsistent statements across applications.
A well-prepared application — reviewed by an immigration lawyer — significantly increases your success rate and avoids repeat refusals that can damage your immigration history.
Why Legal Help Matters
Australian immigration law is technical. Decision-makers assess your evidence under complex provisions like Schedule 2 criteria and Public Interest Criteria. A lawyer understands how to interpret these provisions and present your case persuasively.
At MyVisa, I focus on resolving difficult refusal and cancellation cases. Whether you need to file an appeal, prepare submissions, or respond to a notice of intention to refuse, my team can assist. Having professional representation often means the difference between another refusal and a successful outcome.
If your case involves a visa cancellation or complex family situation such as a partner visa refusal, we can also review the underlying reasons and rebuild your case strategically.
Frequently Asked Questions
- Can I apply again after a visa refusal?
Yes, if your current visa status allows it and no “no further stay” condition applies. However, address all previous refusal reasons before reapplying.
- What is the deadline to appeal a refusal?
Typically 21 days from the date of decision, but always check your letter for exact timelines.
- Do I get a refund if my appeal succeeds?
Yes. The AAT refunds 50% of the application fee if you win or the decision is remitted to the Department.
- Can I stay in Australia during my appeal?
Yes, usually on a Bridging Visa that keeps you lawful while awaiting the AAT outcome.
- Can a refusal affect my future visa applications?
Yes, the Department will review your previous refusal history, especially under the Genuine Temporary Entrant criterion.
- Do I need a lawyer for my appeal?
- It’s not mandatory but highly advisable. Legal representatives ensure compliance with migration law and prepare detailed written submissions.
Book a Consultation
If your visa has been refused, you don’t have to face it alone. Understanding the law, your rights, and your options can change everything. My role is to simplify the process, protect your lawful status, and give you the best chance of approval on appeal or reapplication.
Book a consultation with me today to discuss your visa situation.
Legal Disclaimer
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa®️ Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice
665 Responses
Hi sir i applied for 600 tourist visa of my famiy and todaybi got refusal…i hav attached so many documents and proper evidence of everything…can i re apply .for tourist visa?
Hi Nilesh,
I applied 485 in 2021 Jan, Home affair request medical in Aug 2021, due to lockdown I got appointment on 14 april 2022.
On 12 April 2022, I tested positive to Covid so I have rescheduled the appointment to 20 May 22. On 19 may, department refused my application, applied AAT.
AAT advised department to activate my HAP ID. Medicals done on 7 June 22
Waiting for the decision, how long will it take for the decision ?
Can I apply for 190?
Thanks in advance
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. I have no idea how long it will take for the AAT to make a decision in these particular circumstances. It could be several months and it could be with the need for a hearing or it could be simply disposed of without any hearing. You can write to the Tribunal and confirm with them that the medicals have been done and request them to make a decision “on the papers” which means without a hearing, provided you are absolutely sure that there is no other issue adverse to your application.
2. Be very careful that the health issue is the only issue because it is open to the Tribunal to refuse the application for another reason not simply the failure to meet the health criteria in the initial application.
3. Yes you can lodge a subclass 190 application as this is one of the limited class of applications you are now able to lodge even though you hold a bridging Visa and since last arriving in Australia you have been refused to Visa.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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I went to Australia in 2007 for diploma in IT leading to bachelor course. After completing I joined for bacholer and before completion 1st semester I changed to diploma of management leading to bachelor while studing due to back pain health issue I returned back to my home country in 2010 without completing and never returned to australia. After returning I joined bacholer and completed sucessfully and working from 2015 till date and last march 2022 I have applied for student visa with my spouse and got rejected in which office mentioned that due to course change from bachelor to diploma which shows intention to live in Australia my visa was rejected. But if that was my intenstion i won’t returned at that time. Right now my query is that can I apply again for student visa or not and what will be chances of getting visa. and any option to apply for sutudent visa with spouse in australia.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. There is nothing stopping you from making a further application from offshore for another student Visa either as the primary applicant or the dependent of your spouse.
2. I get the point you are making about genuine intention. This can be quite problematic and it is farcical to say that all of the people who are granted temporary visa for Australia are granted in the absence of any intention to then make an application for permanent residence. The fact of the matter is every student coming to Australia does in fact want or have some broader hope to have an opportunity to make a permanent residence Visa application if they could do so. Following this logic every temporary entrant on a student Visa should denied the Visa because I have this other ancillary intention for permanent residence. Laughable isn’t it!
3. There might be different ways for you to get a Visa for coming to Australia and you need to weigh up whether the path of least resistance is for your partner to be the primary applicant or for you to be the primary applicant. There are multiple considerations here and you should think about this decision as the biggest decision you need to make at the present time.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Hi Sir,
Good day!i got faced refusal from australia today 2nd of September 2022 (visitor visa 600) and now i want to reapply again for australia. Is it possible to reapply for australia.
Hello sir. I and my husband applied for Australian visitor visa to my brother who is not student visa. Our visas have got refused. The agent did not add the statements as well as details of my PF account. He said only certificates will work. Also, we have added only 1 year ITR’s. We both are teachers with tue salary of 30 K each. Now. My parents also have the visa of Australia. Can I apply my visa again? The reason of refusal was we will not return back due to not being economically stable here. Also, should I apply alone or for both?
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Yes you can apply for another visitor Visa again.
2. There is a risk that a new application for a visitor Visa will be refused unless the application is of course stronger than the previous application and addresses any issues which have been raised by the decision-maker in the application that has just been refused.
3. There is no waiting period for making a further application for a visitor Visa from outside of Australia and you can do this immediately.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
I m Australian citizen and I applied tourist visa for my brother, but got refusal due to ( visa application form and the supporting documents. I find that the information provided
is not sufficient to satisfy me of your genuine temporary stay intention, and you have not demonstrated that you have sufficiently strong commitments in India that would be an incentive for you to return to India.
More specifically, I have considered your economic circumstances and find that your claimed income cannot be considered significant in the context of overall economic/employment conditions and cost of living in India. As such, it cannot be considered a strong incentive to return to India at the end of your proposed stay in Australia.
I note that you have provided further evidence of financial support from your relative in Australia. While I have taken the offer of support into consideration, I have attached less weight to this evidence as this is not in of itself sufficient evidence of a genuine visit. The onus is on you to provide evidence of your circumstances in India that would demonstrate that intention.)
I did show $25000 from Australia and 4 lacs from india. Rest, what ever agent told me, means documents, i provided, still got refusal.
Can we apply again tourist visa? How long after i can apply?
I got rejected same reason sir can you give me your instagram id so we can talk please
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi Sir,
I got exactly the same case and same comments from the decision maker. My brother is in Nepal but the decision maker mentioned didn’t find the genuine reason to come back India. Instead of Nepal she was mentioning India everytime. Do i have to wait to apply again? He will be here for like 1 month .On my next application can i assure that he will.leave australia and happy to put security bond as well. I will.be happy to know what other things do i have to be alert on next application.
Thank
Hi Sir
This is exactly the same case that happened to me and the comment made by the decision maker is exactly the same as well. My brother is in Nepal but everytime decesion maker was mentioning India. She also mentioned she didnt find the genuine reason to return to india but my brother is in Nepal. Do i have to wait to apply again? He will stay for only 1 month to celebrate the festival and he will return back to Nepal. While reapplying can i assure i am happy to.deposit security bond until he returns back. Can you please what you suggest about it?
Thank you
I have nothing to share as such but it makes me so happy to see people like you helping out needy ones. You are amazing.
Haha I can you buy you 10 cups of coffee 😂
My 461 visa was refused for administrative reasons, would I be able to apply for a Working Holiday Visa (417) offshore or would I be ineligible due to the previous refusal?
Thanks
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. The fact of refusal will not affect any offshore application.
2. Why not appeal the 461 refusal?
3. Are you eligible for the 417 offshore. Eg age?
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472