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.
663 Responses
Hi
If a visa is refused on the basis that Home Affairs advising that, ‘the applicant did not satisfy the provisions of the Migration Act 1994’.
Home Affairs also further states that, ‘The Department cannot consider the application any further. However, your sponsor is entitled to apply for a merits review of this decision to the Administrative Appeals Tribunal.’
Please kindly explain this and the best option going forward in successfully obtaining a visitor visa.
Thanks
Hello I have a strange case, my transit visa was grated however my 15yr old daughters transit visa was denied, she has a shengen visa already in her passport however the Australian side has refused to grant the transit visa based on not satisfying provisions of the Migration Regulations 1994, what is the exact reason and can I do anything about this decision?
A visa cannot be granted unless the relevant criteria specified in the Migration Act and the
Migration Regulations are satisfied.
In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:
600.211
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is
granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last
substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 600
visa would be subject; and
(c) any other relevant matter.
In assessing whether or not the applicant genuinely intends to stay temporarily in Australia,
I have taken into account information provided in the application, the applicant’s immigration
history and compliance with previous visas. I have also taken into consideration any
supporting documents as well as the applicant’s personal circumstances, commitments, and
incentive to return to their country of residence.
My decision is based on the following factors
Before a visa can be issued, applicants must demonstrate strong financial, employment and/
or personal ties which would demonstrate their incentive to abide by the conditions of that
visa, and depart Australia at the end of their authorised temporary stay. I am not satisfied
that the applicant has provided sufficient evidence to demonstrate such ties.
The applicant has provided evidence of previous international travel history however the
countries which were visited do not share a comparable set of immigration laws or framework
as is established in Australia therefore providing little indication of your future compliance
with visa conditions.
I note the applicant has provided some financial documents and ownership of properties.
While I have considered this evidence, I have attached less weight to this information as the
fund can be withdrawn anytime and the properties are transferrable. Therefore, this evidence
is not of itself sufficient evidence of incentive to return to home country.
After considering the information provided, I am not satisfied that the applicant genuinely
intends to stay temporarily in Australia for the purposes set out above.
Therefore, I am not satisfied that the applicant meets the relevant criteria in clause 600.211
in Schedule 2 of the Migration Regulations.
Decision
As clause 600.211 is not satisfied, I find the criteria for the grant of a Visitor (Tourist) visa in
the Tourist stream are not satisfied. Therefore, I refuse the application by the applicant for a
Visitor (Tourist) visa in the Tourist stream
Hi, I have applied visitor visa for myself and family members including kids. However I received a email stating I need to send further documents for reassessment. Where’s my other family member got refused. Can I reapply for the rest of my family members in family visa again?
Good day,
I have recently applied for a visitor visa – business stream, and have been refused, due to suspicion of working for remuneration.
The only reason I applied for a business stream, is that I was advised to do so by a travel agent, as I would like to attend my VETASSESS Skills assessment while in Australia. Furthermore, the main reason for my intended travel to Australia, would be just to visit friends and family.
Can I apply for a new “normal” visitor visa now, without it having any implications on the decision of this new application and/ or future applications?
Thank you very much for your help and I look forward to getting your advice.
hi
I applied for business visitor visa from Dubai we are taking part in the exhibition which is held in Sydney it has been just 2 months I have been employed with this company. we submitted all the docs the registration for the exhibition, the invitation letter from event company in Australia . NOC company stating they will handle all my expenses.
still it got refused stating that I will not come back and they don’t have any evidence.
they stated I have not taken part in any such exhibitions previously or travelled in such exhibitions before so they rejected .
can I re apply and what I need to attach this time to get it approved
Hello sir,
I just got my visa refused due to the reason that I have no strong evidence to come back to home country. so can I apply again immediately after one month or we have to stay under cooling period for 6 months?
Please need your suggestions so that I can apply again immediately.