Can I Apply For An Australian Visa After Refusal?
Experiencing a visa refusal can be disheartening, but it’s important to understand that you can reapply for an Australian visa after a refusal. However, the process and your eligibility to reapply depend on the reasons for the refusal and your current circumstances.
Understanding Visa Refusal and Cancellation
A visa refusal occurs when your application doesn’t meet the necessary criteria, leading to a denial. In contrast, a visa cancellation happens after a visa has been granted but is subsequently revoked by the Department of Home Affairs. Both situations can impact your ability to reapply, but the implications differ.
Reasons for Visa Refusal
Common reasons for visa refusal include:
- Insufficient Documentation: Not providing adequate evidence to support your application.
- Financial Instability: Inability to demonstrate sufficient funds to cover your stay.
- Health and Character Issues: Not meeting health requirements or having a criminal record.
- Misrepresentation: Providing false or misleading information.
Understanding the specific reason for your refusal is crucial, as it influences your eligibility to reapply.
Reapplying After a Visa Refusal
You can reapply for an Australian visa after a refusal. However, it’s essential to address the reasons for the initial refusal in your new application. For instance, if your previous application was declined due to insufficient financial evidence, ensure you provide comprehensive financial documents in your new application.
Mandatory Waiting Periods
In some cases, a mandatory waiting period applies before you can reapply:
- Three-Year Ban: If your visa was refused due to providing false or misleading information or submitting bogus documents, you may be barred from applying for any visa for three years.
- Ten-Year Ban: If the refusal pertains to your identity information, the waiting period before reapplying can be up to 10 years.
These waiting periods are mandatory and must be observed before submitting a new application.
Steps to Take Before Reapplying
- Review the Refusal Notice: Understand the specific reasons for your visa refusal.
- Address the Issues: Gather and provide the necessary documentation to rectify the reasons for refusal.
- Seek Professional Advice: Consider consulting with a migration lawyer to guide you through the reapplication process.
Appealing a Visa Refusal
If you believe the refusal was incorrect, you can appeal the decision. The appeal process involves applying to the Administrative Review Tribunal (ART) for a review of the decision. It’s important to note that the time for an appeal is very limited, and you have to send the written request within 28 days after the decision notice.
Conclusion
While a visa refusal can be challenging, it’s not the end of your journey to Australia. By understanding the reasons for refusal, addressing the issues, and following the appropriate steps, you can enhance your chances of a successful visa application in the future.
For more information, contact us for guidance specific to your case.
665 Responses
Hello sir, I am dependent with my wife to be student and lodged 500 subclass visa. We provided all the needful additional documents but I doubt about the loan disbursement we did as per our tuition fees but we didn’t know we had to do with living costs and travel expenses. Is it gonna be refused decision are not yet done and if refused can we reapply?
Hi Prashant
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.
*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.
1. It is not too late now to provide the additional supporting materials in relation to financial resources. I would provide that information of the list opportunity in respect of the current application before it it is refused.
2. If you’ve really made a mess of the first application you should seriously give thought to withdrawing the first application before it is refused and lodging a fresh application with better quality information.
3. If you do suffer a Visa refusal decision then there is of course the opportunity for you to reapply again with additional information addressing the concerns raised in the refusal letter however it will be much harder to do this after you have a history of the prior visa Refusal.
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Hi sir,
Me and my husband is an Australian citizen. He have applied tourist visa for my brother and sister in law for a short visit to us here in Australia. They are newly married couples. My brother run his own business back in India and my sister in law also helps him with that.
Their tourist visa got refused today stating that they don’t meet the economic criteria and immi have a doubt they won’t go back.
Unfortunately We haven’t kept any papers from their business for the previous application. Now we are in a dilemma.
1. Should I reapply for the same tourist visa for them straight away with their employment paper and sufficient bank balance. If so, how much it should be ?
Or
2. Should I apply for a merits review to AAT witb these documents. If so is there a cost associated with it?
Thanks in advance sir
Hi
*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 think you should re-apply and not waste your money on the tribunal application fee which is more than $3000. Additionally you should note that there is a considerable stress associated with the appeal in terms of waiting and potentially also legal fees payable to lawyers like me.
2. You can apply straight away with additional support and materials but be careful that the new materials are not inconsistent with the materials previously provided. Of course your intention is to make sure that IMMIGRATION has no doubt that your family will comply with the terms of any Visa granted to them and they will return to India after their proposed visit has come to an end and they will not overstay.
3. As you have already received everything is all you can expect that the process and Thomas might be a little bit longer on this next occasion. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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X10
Hi,
I got my BVB refused because I left Australia on my BVA before I got the answer for my BVB. Can I apply for a student visa while I’m outside Australia ?
Hello Nilesh Nandan
I applied for a working holiday visa and planned to work as a nurse in Melbourne, my visa got rejected as I didn’t file my health declaration on time can I reapply for the same type of visa or a different visa if possible ?
The visa was rejected in March 2022
Hi Ruth
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’s nothing stopping you from making a fresh application. Provided you are overseas.
2. Check to see that you meet all of the other criteria for the grant of the Visa including age in particular. I note that you have told me that your application was rejected in March 2022.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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Thank you very much for your response
Would I am overseas and plan to work as a nurse over in Australia
Would you recommend reapplying for the working holiday visa or a different visa type
Ruth
I see no issues in applying for the same Visa again subject to my earlier comments.
The subclass 417 Visa is great for you can get it. If you wish to speak to me about other Visa options after arrival don’t hesitate to contact me.
Use this link to book your consultation with me: https://myvisa.com.au/consultation/
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hello sir
How long do I have to wait before re applying for a working holiday visa as my first time applying it got rejected as I was planning to work as a nurse over there, or would you recommend another visa for an Irish nurse seeking to move to 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. Reapply now.
2. Make sure that there is no inconsistent information but only additional information addressing the issues raised in the Refusal position record.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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
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I am an Indian citizen, married an Australian citizen in January 2022 . Second marriage for both of us. I applied for partner visa which is under process. I applied for visit visa 3 times and got refused. Reason- unemployed, no strong ties to India. My spouse is a nurse, has shoulder injury, needs my help. I am a dentist, was working in Oman, resigned just before the marriage . Her younger son is autistic. Our marriage was delayed by 1 and half year due to Covid border shutdown. Should i appeal, the cost and time taken to process?
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.
*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.
1. Three consecutive refusals makes life very difficult for anyone making a fourth application. Of course you can’t turn back the clock and you were stuck with these 3 refusals.
2. I am astonished that you do not get proper advice earlier as my advice would certainly have been to change the Kama and to watch a different sort of application, particularly the family sponsored stream of the visitor Visa.
3. I do not see any benefit emoji fresh application for another visitor Visa now are you must’ve pocket application for a family sponsored stream followed by an appeal against any negative decision, if one is received.
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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
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello sir
How long do I have to wait before re applying for a tourist visa as my fiance got refused due to unemployed, but regarding the reason he is now employed and we can attach documents that he is now employed and has a reason to go back to his country.
Hello,
have a good day!
My tourist visa rejected yesterday Sept 12,2022.can I re-apply again for same tourist visa. I have my fiance as a sponsor, some say better to apply family stream sponsor visa at the beginning, can I re-apply of visa after the refusal?
Thank you giving time to answer my concern.
Hi Yvonie
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 reapply again for the same tourist Visa.
2. The tourist stream is the correct stream. You are not get married and the family Sponsor stream is not appropriate.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
*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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Hi sir
In May 2021 I got student visa refusal for Australia that time i am apply for undergraduation course and now I want to reapply for Australia study visa for postgraduate courses . I passed my +2in 2019 from haryana board and recently I have done my BSC from Himachal board
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 absolutely nothing stopping you from making a fresh application again at this time.
2. Be very careful not to put any information in this new application which is at all inconsistent with what you put in your previous application.
3. Since you were refused your previous student Visa for Australia make sure that if you were refused a student Visa for any other country, that such information is fully disclosed in your next application. Consequences for not disclosing this are very severe.
*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.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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I am an Indian citizen, married an Australian citizen in January 2022 in India . Second marriage for both of us. I was working in Oman as a dentist. Resigned just before travel to India for the wedding. Wife is a nurse in Oz. . I applied for partner visa which is under process. I applied for visit visa 3 times and got refused. Tourist stream 600. Reason same- unemployed, no strong financial and other ties to India. My father and daughter from first marriage in india. Nre, no income tax slips, but enough FD proof provided. This is a temporary unemployment. I could easily join another job in Oman in a few days. I won’t be able to travel to oz if i start working again, lack of leave. My spouse has shoulder injury, needs my help . Her younger son is autistic. Our marriage was delayed by 1 and half year due to Covid border shutdown. Should i appeal, the cost and time taken to process? Was tourist stream wrong? Family joining stream better? We had registered our relationship in Australia last year October.
Hi
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. If you have already married (or as in your case registered your defacto relationship) then I think the most appropriate Visa is the family sponsored Visa rather than the tourist Visa.
2. I would apply again as the time and cost associated with a feeling are prohibitive in most circumstances.
3. Thought should be given to how you could ensure that no unnecessary delay in counted in terms of the offshore partner Visa processing. This could be devastating for you both.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
*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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Hlo sir I applied Australia study visa. I got refusal today. They refused my visa due to insufficient funds. I showed 28 lakh funds. I applied spouse visa. Please suggest me can I reapply again if I clear everything.
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 re-apply straight away.
2. Make sure that the financial statements are not inconsistent with each other. Immigration will check the financial statements provided in relation to your new application against the financial statements provided with the previous application and if there is a discrepancy, it should be explained.
3. The great correct name for what you are applying for is a “student dependent Visa”. I prefer not to use the word “spouse Visa” in these circumstances as “spouse Visa” relates to Visa applications where one spouse is an Australian citizen or permanent resident or eligible New Zealand citizen sponsoring the other spouse for a permanent residence Visa.
*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.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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