What Next?
If you have recently been refused an Australian visa, you may not be sure what you can do next. Can you simply fill out another visa application for another visa or a different visa? Is it possible to appeal the refusal? Does it matter if you are inside Australia or overseas? Must you have a sponsor in order to appeal?
In this guide, we’ll discuss some of the basics about what you can do after your visa has been denied by the Department of Home Affairs.
Refusal Is Different To Cancellation
If you apply for a visa that is not granted, then, unless it’s withdrawn or approved, your application will be “refused”. Visa refusal is different to visa cancellation. If you’ve been granted a visa and that permission is then taken away from you, that is a “cancellation”. In these circumstances, the Department of Home Affairs will tell you that your visa is “cancelled”.
Who Can Cancel My Visa?
Your employer or your partner cannot cancel your Visa. Visa cancellation is only effected by the Department. Certainly, the Department can rely on information shared with them by your employer or your partner in order to then cancel your Visa, but it is wrong for any employer-sponsor or partner-sponsor to threaten that “they” will cancel your Visa. They can’t. Only the Department can.
Reasons Your Visa Is Refused Or Cancelled
When a decision is made to refuse or cancel a visa, the notification of the decision to refuse or cancel is usually accompanied by another document. This other document will detail the reasons why your visa has been refused or cancelled. It’s important to understand what these reasons are.
The circumstances of your case are what determine whether or not you can reapply after visa refusal or visa cancellation. Your visa application can be denied for several reasons, but most of them fall into the following two categories:
Non-Character-Related Refusal or Cancellation
This is the most common type of visa refusal and cancellation. For example, if you unknowingly entered false information on your application, you may be denied – or if you did not meet the criteria required for a particular type of visa, it may be refused.
In most cases, this type of refusal or cancellation will not stop you from filing future applications, though there are some notable exceptions.
Character-Related Refusal or Cancellation
This type of cancellation is issued if you fail the “character test,” and is a various serious issue. Failing the character test usually allows the government to cancel or deny a visa. This is relevant to anyone with an extensive criminal record, who has committed criminal offences, has broken Australian migration laws, or is otherwise involved in serious criminal conduct.
The Toughest Cases
It is difficult to appeal a refusal or cancellation based on character-related grounds. It is difficult, but not necessarily impossible.
A character-based visa denial or visa cancellation can result in a permanent exclusion from Australia.
You can expect to be detained and you will have difficulty in getting a bridging visa (to exit detention) while any appeal is pending.
Can You Appeal?
Depending on the circumstances of your case, including the basis of the refusal or cancellation, and how recent it was, you may be able to appeal. In some limited cases, you may be able to make a new visa application.
The opportunities for appealing an adverse decision or applying for a different visa will vary, depending on your case.
Don’t Hide Refusal And Cancellation Decisions
If you have had a visa application refused or been subject to a visa cancellation in the past, you will be required to declare this when you are applying for future visas with the Department of Home Affairs. The previous adverse decision will almost always affect your eligibility for future visas.
Failing to disclose past visa refusal or cancellation decisions is not a smart thing to do. Immigration will find out if it doesn’t know already. So be upfront. Serious consequences flow from misleading the Department about your immigration history.
Take Action Immediately
If your visa is cancelled and you are currently living in Australia, you’ll almost always need to apply for a BVE (Bridging Visa E) right away. This visa will give you time to make the arrangements for leaving Australia – or give you time to apply for a limited group of visas or possibly appeal.
A BVE may also be issued if you plan to take your cancellation case to the Administrative Appeals Tribunal (AAT), formerly known as the Migration Review Tribunal (MRT).
Re-Apply Or File An Appeal
Your next step depends on the reasons for your visa refusal or cancellation, and the type of permission that has been denied or cancelled.
In some cases, you may simply need to fill out a fresh (possibly different) type of visa application – and you may be approved.
However, in other cases, your best option is to appeal the adverse in your case. Most visa types lodged onshore will allow you to file an appeal with the Department of Immigration. Some visa applications lodged offshore with a sponsor involved can also have appeal rights.
Revocation of Cancelled Visas
The term revocation is usually associated when a Visa has either been mandatorily cancelled because of the operation of section 501 of the Migration Act or, if a Visa is cancelled was somebody is abroad. In particular circumstances an application is required to be made for a revocation of the cancellation decision, and this needs to be done within the specified period and the submission needs to address a particular set of points.
Your next step!
To find out which option is right for you, get in touch with Nilesh Nandan at MyVisa Immigration Advisory for a case review and discussion about your options. Together, we can determine the best path forward if you have been subjected to visa cancellation or refusal in Australia. Contact us online now to get started.
Nita says
My tourist visa application just got refused. It says that my financial and work and family circumstances don’t satisfy them, And I am planning to apply for a working and holiday visa in three months.
Would it possible work or the refusal will affect the WHV application?
Anna says
Hi Nilesh,
I applied for a tourist 600 visa and got refused, reason being evidence of self employment not provided despite providing my bank statements and also another reason stating I might not return to my own country as I am 37years and have nothing to prove that am returning home. I want to appeal but this will cost alot of money. Can I reapply? How long should I wait to reapply again?
KARLO PUNZALAN CASTILLO says
Can visa 400 reapply again after refusal?
Marie-Louise Willis says
Hi – my sister lives and works in China (she’s in the middle of a teaching contract there and has a lease on an apartment) and was hoping to visit us for two weeks over Christmas (we are both orginally from South Africa but I am now an Australian citizen and have been living here for over 20 year – my sister has visited me here previously but not for many years). Her visitor visa has being refused stating she hasn’t provided enough evidence that she has reason to go back to China. She wasn’t asked to provide more evidence prior to this decison coming through. Should she just reapply? Thanks for your help!
Saurabh says
Hello,
My brother-in-law’s visitor visa was refused recently and we’re confused what the next steps should be.
The decision was: “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”.
I was thinking apply again with even more info like a detailed travel itinerary both my spouse and my payslips and savings statements etc.
Please advise.
Ugyen Tshering says
Sir,
My son got his visa refusal last week. The reason cited was the assessor’s dissatisfaction on the applicant’s adherence in line with the provisions of the Migration Regulations 1994.
can he appeal with necessary changes made in his GTE?
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. there are no appeal rights for any offshore application for a student visa.
2. Even if there were, why not simply apply again.
3. Get some advice regarding GTE – it has been a problem for many people and hopefully will this rule will be chnaged soon!
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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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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Zilch says
Hello
This evening I was notified my visitor visa application has been refused/declined. My health examination is scheduled next week. In these circumstances, could you kindly let me know if I should cancel my health examination? Your advice on this matter would be appreciated.
Thanks
Nilesh Nandan says
No, unless you expect to be refused again.
Note it will expire after 12 months, so get approved fast!
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
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
*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.
BADRIAH MOHD ZAIN says
Hi Mr. Nilesh Nandan, I’m Badriah. I’m seeking your advice regarding my ETA that was canceled on 20th February 2020 under section 128 of the Migration Act 1958. Is it possible for me to apply new ETA? or any visa that you can advise and chances to grant?
Bivek lama says
Dear sir, my previous partner onshore visa 801 was refused and my relationship ended too, now I am on protection visa and married to permanent resident also we do have a baby , can I re apply other partner visa onshore or which would be the best options for me.
Eduardo Henrique says
Sir I had a student visa refused (clause 500.212 is not met by the applicant) after applying from overseas. I was in australia with a valid student visa but I left to apply for a new student visa. I still have a valid coe (until 03/09/23)) but the term that I was studying is over by now. I left most of my belongings in australia and I want to get it. Is that a way to apply for a visitors visa and get my stuff? What are the chances of an approval or refusal?
Anonymous says
Hello sir my name is shaista abdulrehman we applied visitors visa for the first time and my husband and and our 2 kids our visa profile also soo good and bank statemnet and our business is also good and my mother in law and father in law has visited europe canada and englad right now they’re in england . My 3 sister in laws are living in europe we mentioned all things in FRC but last day we got refusal . Now we dont know what to do should we apply again .
Ilham says
Hi nilesh
My visa matter now on federal court for protection visa, really complicated and I think I’m lost credibility
Any chance to score it or apply other visa thanks
serika says
Hello sir, recently my visa got refused due to GTE which is the return incentive. should I reapply again? but the problem is university is not giving an offer letter. i have enough funds and sponsors sir. please enlighten me on this? for my next step
Anonymous says
Hi, my 18 year-old brother’s visitor visa was refused due to less evidence to return home country (no jobs , no sufficient funds ) and requested documents were not received within the given time (we uploaded and notification said received , no clue why they said did not receive).
So , is it posiible to apply for student visa again changing the visa type. Or will it be another refusal reason ?
How long after can we apply again after refusal ?
Thank you so much for replies
Joshua says
Sir my name is Joshua, my student visa got refused due to lack of documents. I am currently on shore, I was given an option to appeal but appeal would take a long time. Can I just re apply immediately and address the grounds for refusal in my re application? I was told that I’m not allowed for re application when on shore, only for appeal. If I want to reapply, I need to go out of Australia first. Is it true?
Ruvishka says
I was in 408 covid visa. That is still on active.
I applied for a student visa planing to get my wife from srilanka. But that got refused 2 days before. They say can appeal. But i thought without appealing to continue apply for covid visa which getting expired in November 2023.
Is that ok to do.
Please advice.
I can meet you in the office if you give an appointment.
Thanks
Ruvishka
Troy says
I am Australian citizen, very naive and unaware how difficult getting a visa to Australia. I have fallen in love with a Kenyan woman online. We applied for a tourist visa thinking it would be straight forward and we would get a chance to meet, make sure we really suited each other even though we know, I have proposed and used this as our evidence of staying with me as a sponsor. I did highlight in the proposal that hopefully we can get you out here as a tourist visiting family and friends, but you would then need to return home per the visa requirement and we could commence planning for a Partner Visa. i was honest and upfront about our intentions, and to have it refused because he didn’t believe she genuinely intended to leave, means he didn’t believe what I said in the proposal, and that makes me quite angry. How dare he question my integrity, if I said she would leave, she would leave. The repurcussions are so big and these people with their red pens simply destroy dreams without even a phonecall to us to measure our integrity.
Anonymous says
Hi Nilesh,
My mom’s tourist visa which was for 12 months was rejected based on health report. Could we apply for 3 months one that does not require health requirements?
Anonymous says
Sir i have applied for business visa with an invitation letter form Australian company and a letter from my company with the purpose of visit.They have refused my request and send me a refusal letter.Reason of refusal was not very clear.They mentioned that applicant don’t have much commitements in india and they doubt applicant is travelling for temporary visit.they also mentioned that onus is on the applicant to demonstrate their own circumstances but in my company letter,it was clearly mentioned that all the expenses will be borne by the company.
should i re apply business visa with express visa option or re apply can affect me in future?
azham hassan says
Hi, My name is Azham , Before I apply to Australian visa, I would like to clarify a point. My US student visa was rejected by the embassy due to financial instability, will that decision affect my Australian student visa first attempt.
Kinan says
Hello
I applied for visa subclass 300
The issue that the last time i met my fiance in person was before she turned 18
And now we are together in another country
Some lawyer told me that i will get refusal since we haven’t met before she is 18
What should i do
Please advise
Carole says
Got refused a 408 covid event visa. As I applied on the 20/07 when my visa runs out 20/10. Thought that was within 90 days but turns out was 92 days.
Am I able to just apply for a new one ?
Thanks
Ivona says
Hello Sir,
I just received an email from the Australian immigration stated as visa refusal due to biometrics. My graduation is on the 21st of September which is next month and was looking forward to it until I received this email. I applied for a visitor’s visa and it has been refused. So, is there a chance that I can reapply and if I do, do you think it approves just before the 21st of September or after that date?
Looking forward to hearing from you soon.
Cheers
Ivona
Ivona says
Hello Sir,
I just received an email from the immigration stated as visa refusal due to biometrics. My graduation is on the 21st of September which is next month and was looking forward to it until I received this email. I applied for a visitor’s visa and it has been refused. So, is there a chance that I reapply and if I do, do you think it approves just before the 21st of September or after that date?
Looking forward to hearing from you soon.
Cheers
Ivona
H Yvonne says
Hi. I am applying travel visa for our vacation in Australia. But application of my daughters was rejected with reason of not fulfilling clause 601.212 . It relates to financial capacity and commitments in our country of residence. I am not too sure what are the documents I am lacking. As I attach my bank statement instead of their bank statement.What will be the next step for me? Can I appeal and reapply? With my other bank statement to prove their financial status ? Thanks a lot for your kind advise
Vearinama says
My applied for visitors visa the first time and was refused due to financial issues and applied again with all the requirements asked everything was okay including my bank statement and everything but was still refused! Wonder why? IMI knew they were gonna refuse my visa why continueing with the requirements like asking for my medical so I had to pay another fee to complete the requirements I spend a lot of money not knowing my visitors visa was refused again…I just hope Australian high com have to consider how much money we genuine applicants spend to visit and your in your beautiful Country Australia
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. The request for medicals can give false hope to applicants.
2. Even money might be stated as the reason for refusal, the refusal letter is not conclusive. A lot of (other) factors may have contributed to the negative decision.
3. Yes, Australia is a beautiful country – and it is sharing it with more visitors is only humane. Many refusals are unjust and overly harsh. Unfortunate, but true.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
Harshdeep singh says
Sir my name is harshdeep from pathankot. I had applied for study visa but refused in April 2023 due to lack of sufficient funds. Sir can I appeal as I am having sufficient funds but not previously told by the agent to show such funds. Can I appeal for this guide me my visa was for Australia study visa. University cleared all the dues
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. you can’t appeal.
2. even if appeal was an option, in cases like yours, you should apply again and confront the earlier refusal reasons head-on.
3. The risk if refusal is often higher after a previous refusal so be careful or get help.
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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
Abby says
Hey,
My parents visitor visa got refused recently. The reason was political unrest in Pakistan. It wasn’t sponsored visa. Should I reapply family sponsored visa or I should go for AAT? What’s the best option ? And can I reapply straightaway? Thanks.
Niru Maharjan says
My sister visa got rejected today. Reason: Migration act. What should she do next? Can she reapply?
Shahid says
I applied for Australia visit visa
My age is 56
I have a good travel history in past
I have valid visa of USA CANADA UK when I applied for Australian visit visa
Demonstrate enough funds
Family ties I showed wife and children at home country
Visited UK turkey fareast Schengen in past
Mentioned my previous refusal of Australian visa back in 1992
But the refused my visa in 2023 staying that I will not come back
May be the officer had a dream that I am going to stay there at the age of 56
Further more I have no right to appeal for that decision may be the officer had fear that if I appeal o will get it and his dream will not come true
What should I do now?
Can somebody tell me?
Nima Gyeltshen says
Hello sir/ madam
I am nima from Kingdom of Bhutan I’m 23 years old.
My tourist schengen visa was refused 6 years back .so do I need to declare while applying for student visa or dependent visa to Australia.
Australia immigration officers do they know ? My schengen visa refusal ?
If I declare my schengen visa refusal while applying to Australia is there any high chances to get reject my Australian visa? Even if I show valid reasons.
And I heard 5 eyes countries usa , Australia, new Zealand, canada, and uk.
If we rejected visa from this countries .
Yes we have to declare visa refusal becuae they shared data information but mine is schengen visa.do they track if schengen visa is refused?
Please If you insights on this question will be more helpful for me before applying to Australia visa .I was really worried , scared and getting more stressed .
Thank you
Nima
Ignacio says
I hold a student Visa that expires in October 2023. I got a job opportunity as a chef and decided to apply for a 408 temporary activity visa and it was refused on the basis that I had applied 91 days prior the expiry date of the student visa and not 90 days which is the requirement. My refusal letter says that I need to leave the country in 35 days. I checked my status on VEVO and my current student visa is in effect until October. Can I reapply for the 408 visa again entering the right dates? O do I have to follow the appeal process? Thanks
Sohaib says
Dear Respected Sir, I hope you are doing well. I receive an auto visa refusal before my biometric Australian University Master’s degree, I am requesting to university to issue an again COE and then file again study visa but the university does not provide COE. Sir, I want to apply again for in Australian study visa, I meet different consultants in my country, and every consultant says only the college provides COE after refusal, not the university, agent says to apply for a college postgraduate diploma and get COE and then file visa with strong sop and documents. Sir, it’s good for me if I am applying for a postgraduate diploma. Need some guidelines Thanks
Clarence hipol says
Hello i got the visitor visa (600) refusal because i forget to check that they need my passport, so that i failed to send to them. what can i do? This is the first time i got a visa refusal
Sneha says
Hey, my student visa was denied on the grounds that I might not return to my home country after studies. Can I reapply for the same type of visa?
Steve says
Hello Nilesh,
I hope you are well.
My 408 visa just got refused because I accidentally applied 91 days prior to my current visa expiry and not 90 days which was the requirement.
Can I immediately reapply for the same visa now that I am within the correct timeframe?
Thank you very much for your help and advice in this thread, it is hugely appreciated.
All the best,
Steve
Kali says
Hello, I was approved for an Australian partner visa. Due to circumstances, the relationship broke down and I left Australia and returned to the U.K. I contacted immigration, and declared this and due to the conditions of my visa was no longer eligible. The visa was withdrawn, I have been to Australia since as a tourist and have not had any issues, restrictions or been queried since the withdrawal of my visa. I am now applying for a student visa and wondering if this will affect my eligibility.
Anonymous says
Hello,
So my student visa was refused on the grounds that I didn’t have any intention to come back to my home country after the completion of my studies. Additionally they stated “The applicant did not satisfy the provisions of the Migration Regulations 1994.”
Is it a good choice to reapply?
If so, how long should I wait before I reapply?
deevanshu says
i got refusal today for study visa australia saying that i will not return to india after completeing my studies. can i reapply to other universities i have done 12 in 2022 , my ielts score is 7.5 not less then 6.5, 12% is 82, and total funds shown are 30 lakhs INR.
Vesper says
Hi Nilesh, hope everything is good.
I applied for a Visitor (subclass 600) visa, and submitted my application 05 June, 2023 and and has been refused on 08 June, 2023. The decision maker was not satisfied that my employment is of itself a substantial tie to my country of residence, and that would encourage me to depart Australia after my proposed visit. I have submitted documents to prove that I am tied up with my company since I have a contract until December of next year,
I am nearing the 28th day since my visa refusal date, and thinking to submit a review through Administrative Appeals Tribunal. The amount of filling this review is not a joke. So I want to make sure is there any specific information I need to know or to follow? I need help.
TIA
VPR
Manjit Kaur says
Hello .. my visitor visa got refused on 31 may 2023 saying couldn’t meet the requirements of migration regulation 1954,so what could be the reason.. can i apply for visitor visa again.. Please reply
Manjit Kaur says
Hello, my visa got refused on 31 may 2023 saying couldn’t meet the requirements of migration regulation 1954,so what could be the reason.. can i apply for visitor visa again.. Please reply
Divya Nambiyath Mohanan says
Hii,
My sister student visa refusal due to general reasons, what is the next step can do for future process.
Harsh says
I got refusal from study visa now what I do and tell me process of reconsideration of file launched and how many days will take in this ?
Anonymous says
I got refusal from study visa now what I do and tell me process of reconsideration of file launched and how many days will take in this ?
Santhoshh Julakanti says
Hello,
I was in Australia from 2008 to 2016 dec. I came to Australia in 2008 as a student. 2008 -2010 I finished my Diploma in Graphic Designer, and 2010- 2012 finished my Advance Diploma in Business Management. I Applied RSMS visa in may 2012( as graphic designer in South Australia) & 2013 march visa got refused because employer withdraw the sponsorship, from 2013 to early 2016 on bridging visa A
( between this time I apples MRT, federal circuit, federal court, high court) After this last stage I did a protection visa ( from this visa I went Bridging visa A to bridging visa E) I left Australia on bridging E visa in December 4 2016. I never stayed in Australia illegally.
Currently (from 2020) I’m in the UK ( tier 2 Visa Still another 4 years visa left) working as a graphic designer.
Im planing to visit Australia to friends get to gather in October for 10 day. is my previous history effect my future Visiting visa application ?
Please help me with this
Thank you
Eta says
I have 3 previous refusals of visa entry to Australia,can I still apply
Prasanna says
I applied for a visiting visa and got rejected twice because of proof of funds. I am gonna re apply again after maintaining enough funds. Does the two rejections before affect my application now?
Iriz says
Hi sir,I’ve been refused a Tourist visa 2x
June 20 2023 refused and I apply and been refused again this July 26,2023 the immigration not satisfied the reason of refusal..am I possible again to apply student visa.. please help me..
Sherry says
Hi, my 101 child visa was refused because I exceeded the required gap period, and now I am on a student visa. Will this denial history affect my 485 visa application?
Anonymous says
Hello we applied visit visa but its refused reason is he said your traveling history not strong ? Can we appeal what happen why they can reject visa
Gerard Anthony Halea says
Hi
My visitors visa got refused,recently last month.
I have one question to ask.?
Is it possible if I was offer a job in Australia and that company will apply for my visa?
Krish says
Hello! I applied for a tourist visa (subclass 600) but got refused because I failed to prove that I will just stay for two weeks in Australia and I am a student from the Philippines. Can I reapply for a tourist visa after, or I still have to wait for a specific number of days? What are the chances of getting accepted if I will provide enough requirements for reapplying? Please help me, my planned flight is on the second week of july. Thank you!
Preet says
Hello! We got refusal for student spouse visa subclass 500 in june 2023. can we apply for subclass 491 now?
Jack Emanuel says
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
Rad says
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?
MAIRAJ ZAHID GHULAM KHAN ZAHID says
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
Raji says
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?
Peter says
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.
p says
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
meena says
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.
Hima says
Hi,
I had a visitor visa rejection in Sep-2022, now if I apply student visa offshore then does the previous visitor visa rejection affect my student visa application?
Thanks.
Hima says
Hi,
Can I apply for student visa after my visitor visa rejection last year in sep 2022. Does visitor visa rejection will affect the student visa application?
Thanks.
Hima says
Hi,
My visitor visa got refused last year in Sep 2022. Can I apply student visa now? Does my visitor visa cancellation will affect my student visa application?
Thanks.
Leela says
Hello sir,
My student visa subclass 500 was rejected on 14th June . I got call from AHC 4 times but was not able to take the call. Later, my visa was refused and the reason they wrote was migration act. They pointed out my future plan where I had written my long long plan is to be a CFO after completion of MPA degree and few years of experience in my previous work place. The wrote how Im going to achieve this target and how it is relevent to the current economic condition of the country. I am planning to reapply .kindly help me in this matter.
Hemanth Reddy Kallala says
On October 12, 2022, my student visa was rejected. Once more, I’m interested in applying for a visa to Australia, but every expert I spoke to said there was no chance of applying again after being refused. However, I’m not sure if I qualify for another visa like a subclass 407 training visa, therefore I want to apply this time. However, I can currently demonstrate my eligibility for this visa. Australia is the epicenter of tourism, therefore I’m interested in moving there. With this visa, I can improve my talents and learn more about Australian culture and business, as well as expand my culinary abilities within Australian standards. This opportunity helps me to build my career in higher designations.
Please, Sir, Is it possible to apply for this visa let me know your valuable suggestions.
Raja says
Hello sir! I got my protection visa refusal notification, on other hand I got SC190 nomination from Western Australia and I already lodged my 190 visa application. Is any chance my previous visa refusal can affect my SC190 grant¿
Stevannie says
Hi, my tourist visa get refused because of “The applicant did not satisfy the provisions of the Migration Regulations 1994.”. I’m not sure what this means, can anyone help?
Jose says
Hello, thank you for your free advice. Your article is very Instructive.
I’m a asylum seeker currently in Australia. I’m from Haiti. When I came here, I had a student visa. Before, I applied for subclass 866, I tried to apply for a visitor visa for my wife and son together. They got refusal. Last March I reapplied for them, they got refusal again.
The reason of the first refusal is same the second.
In the application, she put: work certificate and leave, property title, bank account certificate, business paper and other documents.
This is the reason the DHA gave to refuse the visas:
My decision is based on the following factors In establishing whether the applicant is a genuine temporary entrant, I have considered the applicant’s circumstances, purpose of travel, and ties to their current country of residence. The applicant declared that they are travelling to Australia for tourism. In their application, the applicant declared that they have been employed by Silo Complex Medical since March 2018. After consideration of this information, I am not satisfied that the applicant’s employment is of itself a substantial tie to their country of residence that would encourage them to depart Australia after the proposed visit. 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.
Karen says
I got my student visa rejected offshore. Is it safe to apply again after few months with stringer application this time ?
Albert Oteng says
Hi there,
My aunt’s visitor’s visa application was refused with the reason that “she does not meet the genuine entrant requirement (she does not genuinely intend to stay temporarily in Australia). She is a 58 year old woman with a stable employment over 20years. She provided payslips, a letter from her employer indicating she has a job to return to, Evidence of travel history and that was not enough to prove that she will return back to Ghana her home country. She works for the government and has no intension to prolong her stay. What can I do next? Should I re-apply?
PS: The refusal letter stated that there is no right of merits to review the decision.
Deep singh says
Hi there, I was in Australia on student visa and then I applied for student visa extension which was refused by home department and I left Australia like 2 years ago. So can I apply tourist visa for Australia if had a student visa refusal in past.
Ed says
were applying for subclass 400 visa° and got refused,is it OK to apply for another type of visa like subclass482? we’re outside australia
Suraiya Akter says
Hi.
I got refusal. I applied for a Visitor (class FA) Visitor (Tourist) (subclass
600) visa
. Did not satisfy the provisions of the Migration Regulations 1994.And didn’t satisty under clause 600.211.
They have made their decision based on the following factors:
The applicant declared that they are travelling to Australia for tourism purposes. In their
application, the applicant declared that they have been enrolled at a University since
April 2023. After consideration of this information, I am not satisfied that the applicant’s
enrolment is of itself a substantial tie to their country of residence that would encourage them
to depart Australia after the proposed visit.
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.(It was Their decision)
I would like to mention that,I am a citizen of Bangladesh.Currently stay in canada for study purpose.In my summer vacation, i want to visit australia.Can i reapply within 2-3days?And what to do now?
Sorry for long.Plz help me with proper guidelines
Nazia Iqbal says
Hello,
I have applied for my sister’s and her husband visitor visa under sponsored stream. They grant my sister’s visa but refused my brother in law visa and mentioned there is no holiday evidence or financial statements to satisfy he will return. As a sponsor, they mentioned that I can apply for merit review but I want to ask how long it takes before I can relodge the visa as review itself is about $3000 fees
Jean says
HI my niece (minor) was refused to get a tourist visa due to not submitting the form 1229 and I was advised to appeal in AAT. the fee is expensive 3,000. Can I just apply a new visa which is $150 only rather than appealing to the AAT.
thanks.
K says
Hello,
I recently got my tourist visa 600 application refused. It states I do not have enough fund to support my stay in Australia. I had provided payslips and tax record that shows me making more than 6-digit AUD per annum. Is it possible they made the currency wrong?
K says
Hello,
I recently got my tourist visa 600 application refused. It states I do not have enough fund to support my stay in Australia. I had provided payslips and tax record that shows me making more than 6-digit AUD per annum. Is it possible they made the currency wrong?
lauren smith says
Hi,
My brother’s visitor visa application have been refused. He is my mum’s carer. The decision for refusal is because he did not satisfy the provision of migration act.
What shall I do? I have not seen my family since the beginning of covid and I was hoping to reunite with them, hence, invited them to come for a short holiday here in Australia
A. Ali says
Hi,
My wife applied for a visitor visa (tourist stream) with sufficient proof that she genuinely intends to stay temporarily in Australia. Her visa got rejected as the case officer thought that was not sufficient to prove that the applicant to return to her home country. Should she now apply for a partner visa? Will the visitor visa rejection will impact the partner visa application process?
Thanks in advance.
Best regards,
Ali
Grace says
Hello, i got a refusal for my tourist visitor’s visa 600 but the reason was I didn’t provide sufficient information to satisfy them that i will return to my home country which is totally true. So do you think I stand a chance to apply again with more information.
Josie says
Hi!
My 408 visa got refused because I applied 2 days before the accepted time criteria. Can I re-apply or should I appeal now that I’m in the current time criteria which is less than 90 days until my next visa expires?
Thanks
tin says
my husbands visa got refused ,he applied for the subsequent entrant(subclass 500) visa, the officer stated that he is not satisfied with clause 500.312 in schedule 2 of migration regulations. he concluded that his intends to genuinely stay in Australia is temporarily which is definitely not. the officer mentioned that my husband has provided limited evidence of economic ties to their home country and wont be strong enough to depart Australia upon completion of my studies. But the fact is he has already provided his moms business evidences and his fathers land to be looked after when he gets back and showed enough bank details around 55 thousands AUD attached with his visa application.
Shella says
Hi, can you please give me some advice, if possible?
I booked a ticket that had more than 8 hrs of layover in Sydney, so I applied for Australian Transit Visa. I was refused because I could not provide the requirement within the specified timeframe, such as biometrics. Suppose I book another ticket with only 2 hours layover in Australia and don’t need a Transit visa. Can I still transit to Australia even if I have a record of refused Transit visa?
Eka prasad Bajagain says
just got my student visa refused due to the reason that we are not satisfaction our migrations rules 1994 , i want to apply next intech what are the process and how i apply again
Noni says
Hello,
My visa application is denied under clause 600.211. In my opinion, there was no significant issue regarding my application. Steady work, real estate, family, kids, mortgage, savings etc. And I don’t have intention to overstay in Australia.
In this case, is it easier to appeal or apply again for tourist visa.
Marcelle says
Hi there,
I hope you are well. I applied for a visitor visa and was refused due to the fact that I have not been working in my current job for long enough and that I may not have sufficient incentive for me to return to my country of residence I was applying to go over for the weekend for my birthday to visit some family.
Is it possible to appeal against my visa decision and state that my family will support my weekend stay? If this is possible how do I go about the process ?
Thank you so much for help and for this very informative website and information that you have provided.
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. It is clear to me that your Visa has been refused because you have failed the genuine temporary entrant requirement. The first thing tonight is that different nationalities are scrutinised differently when it comes to being granted a visitor Visa to enter Australia because Australia is conscious of the fact that people wish to flee their country and over stay in Australia.
2. You must demonstrate that you have a very good reason to come to Australia and that you are not likely to overstay after your Visa permission has expired
3. The department will weigh up on the one hand factors that may drive you to over stay in Australia and on the other hand factors which would drive you to return to your home country and comply with the terms of any visitor Visa granted to you.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
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
*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.
Mohammed azher says
Hi my TR is refused due to submitting the pte old score card which is below 50.
I applying the AAT still they refuse I got the decision in 3 months and my work rights also gone.
And after I apply federal I got some health issues so I’m come back to home country. should I apply for PR please let me know
Thanks
Rica says
Hi .my visa was refused they gave me a link for biometric and schedule it on july 4,2023 then after an hr they told me that may visit visa was denied? Im confused bec. They lodge may document yesterday and now i was denied? Is this possible?
Michelle says
Hello,
I got resa refusal last week, though I don’t have time for travelling now since I have missed the last schedule time, In case I want to apply when next I have time, How can I do it not to end up with visa refusal again.
Winalyn Litilit Adams says
I just got my visa refused due to the reason that I did not submit my biometric within the specified period of 14 days. My last day of submitting biometric is on 26th May but I only got the available schedule by tomorrow, 30th May.
Please advise if I will do appeal or better do another application.
Nilesh Nandan says
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you 🙂
1. May I assume this is NOT an application for a protection Visa. Important because if it is a protection Visa, then usually your application will not be refused, but rather it will be returned as invalid. And something that it is a refusal in relation to some other sort of Visa, then will you appeal not will depend on the Visa you currently hold.
2. I buy the holder of a bridging Visa and you receive a refusal then you were affected by the operation of section 48 of the migration act, which limits the type of applications you’re able to make whilst you are in Australia. It does not limit any application, you wish to make whilst physically present outside Australia.
3. Are appealing a Visa Refusal will cost you $3000 approximately in government fees when you make an application to the Administrative Appeals Tribunal (the “AAT”). I get that rather than spending this money in application fees for the review application at the tribunal. You may wish to invest the same amount towards making another sort of application such as a partner Visa if that is applicable to you or a protection Visa if that is applicable to you etc.
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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
Evangeline says
Hi, I got refusal from my 485 visa can I file a new application for 485 to correct the error on my first application
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. Yes you can subject to…
2. you meet criteria for making a valid Subclass 485 Temporary Graduate Visa application
3. you meet time of application criteria and time of decision criteria. The big one is that you’ll need to do so within 6 months of course completion.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
Frida says
Hi i my visa got refused and the reason was that the agent didn’t think that I’m just temporarily staying in Australia, but I have my tickets and I just want to go stay 2 weeks, what can I do! I hope you can help me
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. do you mean the decision maker (rather than agent)?
2. apply again if you believe you meet the criteria for the grant.
3. a lot will depend on you country of nationality and immigration history.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
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
Bobby harshpal says
Hi
I had a visitor visa refusal from Australia
Now can I apply for study visa
Is it right or wrong
What should I do
Ugyen says
Hello,
I have lodge visa after going through medical examination and biometric. On 10th May I got visa refusal. The agent mentioned that the refusal reasons are pretty much the same for all visa rejections these days.
No genuine reasons to come here and no incentives or economic ties to go back to our country.
Are the lapses from my side or from the agent as I am totally broken and what if I apply again?
Hoping to hearing from you soon
Tshering says
My sister’s who applied for a student visa got her visa rejected on February 2023- the reasons are for the rejections not known , but is it still possible for her to apply for tourist visa after few months- will there be any restrictions.
Sumitra rai says
I applied for visa but they denied my visa 2times .I want to know after how many days i can apply again
Anonymous says
Hello, my visa got refused saying couldn’t meet the requirements of migration regulation 1954,so what could be the reason
Nancha says
Hello, my visa got refused saying couldn’t meet the requirements of migration regulation 1954,so what could be the reason
Sai Kumar says
I got usa visa rejected. I want to apply for Australia .do i need to share the information of my rejection of visa to Australia government.
Namrata Sharma says
Hlo .. before 1 year I got visitor visa refusal for 2 times in Australia.. so now can I get student visa ?? Plz provide me right information 🙏🏻🙏🏻🙏🏻🙏🏻
Peggy Chan says
Hi Nilesh
My visa Application been refused.
Should I resubmit or appeal for the application?
Please advise.
Thank you so much
Peggy
Eugene says
Hi my name is Eugene.
My employer nominate me for a 482 visa and the nomination is already approved but we have visa cancellation before (protection visa) and currently we are on appeal on medical visa. We try to waive the 48 bar but it was refused and said on the letter that we need to go outside Australia to apply the 482 visa. My question is how big is the chances that they will grant the 482 visa after leaving Australia?
Please im hoping for a truth answer so we can decide what to do. Me and my Family are here and the kids are still studying.
Thank you very much. 🙏
Adibah Khairiah Ismail says
We plan to go to Perth from 24th April 2023 to 30th April 2023. 4 family members were granted tourist visas and and the other family members ie my daughter- in law’s and my grandson’s application were rejected. My grandson is 2 year old. The reason given were financial capacity and commitments in the country of residence so they are not satisfied that we have sufficient incentive to return to our country at the wnd of our trip. Their applications were rejected three times already. We have given financial statement of my husband as the sponsor for the trip.
Would appreciate your help on this please.
Thank you.
Mary joan cama says
I applied for a visitor visa on the 7th of March, I got a refusal of visa on the 29th of March. In my visa status is said that refusal of visa against the Migration of regulations 1994. My last visit to Australia was in February 2020, it was during covid 19 at that time. I was just going for 6weeks stay, so when things started to shut down e.g airports ad roads around Australia and even my home country Fiji. I started making arrangements for my return flight back to fiji.
On the 23rd of March my flight was booked to return to fiji. I had to take a flight from Melbourne to Brisbane to get my flight back home. When I got to the airport to my dismay…my flight home was cancel and was told to come the next day on the 24th. So I went back to the airport the next day. I had everything checked on the 24th of March, so flights were confirmed to leave Brisbane….the flight was leaving at 9.30am. I was waiting at the lobby to borde the plan,when virgin Australia made an announcement that flights to fiji was delayed, so 3 times it was announced til the final announcement at mid-day that the flight to fiji has been canceled due to Fiji has closed its border. So I flew to Sydney to make arrangements with the fiji government of my return bck home. So my stay in Australia was already the 4th week and I had to be bck in fiji on the 5th of April. So I stayed in Sydney for another 2 weeks but no luck to get me out of Australia in time before the 5th. So I flew out of Australia on the 10th of April. I had over stayed 5 days in Australia…To my understanding my visa was affected by Covid-19.
After 2 years now I applied for my visa and was refused by the act of migration regulation 1994. I searched for what it meant, and it says that I have been an unlawful citizen of this country, and that I have applied for a bridging visa. Which I have never applied for when I was in Australia.Please could you help me,
what step to take next? I have proof of my flight tickets and cancelation if flight on the day that I was suppose to fly out of the country.
irfan says
still waiting to know how time much need to wait for a Reapply visitor visa after the refusal.
Ash says
What should i do if my visa got refused today and I’m planning to go australia on end of may? I am a malaysian trying to apply for australia visitor visa. I am going for my friends graduation and tour there for a bit. Plz reply asap
Dinesh amatya says
Hi sir it’s me Dinesh amatya a Karate player and employee as a NEPALI soldier. I applied subclass 408 visa in the June 2022 and got refused and I even didn’t know the reason. Now for the karate tournament called (Australian open karate championship 2023) may 5-7 I got an invitation and I want to process visa again for that. What is the best things for reapply for refusal case?
Waiting for your positive response as soon as possible. 🙏
Dinesh amatya says
Hi sir..
It’s me Dinesh amatya a government employee (Nepali soldier) when I applied for the first time subclass 408, Sports visa I got rejected in the June 2022 and now I want to apply again for the same visa and already got an invitation from Australian karate federation. So is there any problem for applying the same visa?
Waiting for your positive response as soon as possible as the will be starting from 5-7th may
Puja Shrestha says
Hello! This is Puja. So, basically for my further studies after my 12 boards examinations I decided to go to abroad and study out there. So, for that purpose I took PTE exam and scored a very good mark in each bands. In march 2, 2023 I had lodged my visa. My every financial documents and academic files are the genuine ones but unfortunately I got rejected from Stott’s College, Sydney on 21st March due to migration act. Now, I’m in dilemma to re apply for the Australia or should I just start my processing for Canada. Please if someone knows about these things reply my comment. I’ll be grateful always. Thankyou!
Sylvia Rambwa says
My visa application for a short stay in Australia has just been rejected. I don’t have the merits for a decline. I submitted all relevant documents. I don’t have a criminal record. How can I ask for second review. I really need to attend a women’s conference in Sydney
Rebika Sunar says
I applied for Tourists Visa but it was denied by Visa officer that source of my income is not clear, Since I have business and I am working lady too.I would like to know ,If I can apply for student visa as I want to upgrade and get skilled
Celia Acierto says
I was refused once and i re apply again for tourist visa. Do i need a new biometrics too?
Jennifer Dowds says
i would like to a pply my friend a tourist visa here in australia.she got refused just this morning.can i re apply again?
Cresenciana Gay says
Hi Nilesh how are you today, i received my tourist visa refusal last Monday February 27 2023, the reason why my visa was refused coz of my job there in the philippines, case officer she’s not satisfied my ducument that’s why she refused my tourist visa coz of of payslip and leave of absence, i have and agent but my agent is she’s not helping me regarding my ducument she did not advise me of what exactly ducument should i submitt. I thought it was ok coz she’s not ask me another payslip, i am confident then also coz my boyfriend from Australia he is my sponsor and he is the one to provide everything i need if i was there in Australia. My question is can i re apply my tourist visa after i receive my visa refusal? Coz filling in tribunal it’s very expensive. Thank you.
Monash Kumar says
My study visa was refuse in 2019.can I apply again with my spouse.she want to study master at australia.can I apply again with my spouse.
My visa got refuse coz of weak sop
Audra Skovranek says
I was denied a visa from the Australian home land. I have submitted more paper work to them but instead of having from the United States it got mixed up and it said that it was from the United Kingdom. I just want to enter Australia for my cruise on March 2, 2023.
I don’t know who to contact and make it on my cruise in time.
Anthony says
I am awaiting for the spouse visa decision for over 25 months now. My wife is with me at the moment in Australia with a visitor visa with no further stay. We tried and apply for a bridge visa A but was decline . What are my options now ? I want my wife to stay with me in Australia. This is affecting me mentally and financially.
Narinder says
Hi I am Australian citizen but I got my permanent residency through protection visa . I applied my mother visiter visa . But it has been cancelled. What option I have now
Kusum says
Hi Nilesh
My husband and I applied for a visa subclass 500 and we got refused
We came in australia as tourist but our tourist visa have a no further stay condition so we went offshore to apply for the visa
Can you help please
Raj says
Hiiii,
I recently got my visa refused in Feb .
My agent relodge my file.
How i get to know that they relodge my file or not? I do full package that is why they don’t share any information about this.
I have my immi account but there is no updation about file relodgment .
Plz guide me how to know about this.
Apeksha says
I got my student visa refusal on 31 January and the reason mention is immigration regulation act 1994. Can I reapply the visa or should I give up my student dream.
Apeksha says
I got my student visa refusal on 31 January and the reason mention is immigration regulation act 1994. Can I reapply the visa or should I give up my student dream
Ashwan says
Hi Nilesh ,
My Australia tourist visa was refused before 3 months. Now I want to reapply. while filling application when I click yes on “Do you have an Australia visa cancelled or refused”. Then a box opens up where we need to further explain.
I would like to know that what can be filled here. For a good outcome.
Hope you reply soon.
John Bige says
I applied for a Tourist Visa on line was refused on the grounds that I failed to attach some documents. Besides, as it was my first time to apply, I used the two words (tourist and visitor visa) interchangeably. I was supposed to apply for Visitor Visa, instead I applied for Tourist Visa. With deep regret, I appeal to your office to review my application or giving me a chance to reapply.
Nwobodo kelechi Christopher says
I applied for Australia student visa through an agent by November/December last year after going for biometrics and medical examinations.
Unfortunately,on 1st February 2023 I got a visa refusal notification through my agent.
Their reasons for refusing my visa wasn’t clear at all, because I submitted all the necessary and required documents.
Pls am so heartbroken, I really need help.🙏🙏
Farah Siddiqi says
Hi,
My brother and his family applied for general visitor visa. It got refused day before yesterday. The reason was that he is going to stay in Australia and he did not provide enough evidence that he will go back to India.
My question is, should I go to Tribunal to review his application or should I apply a new family sponsored visa ? Which category has greater and quicker chances of getting the visa ? Thanks you
Wilma says
Same for my parents from South Africa, please advise?
Ash says
Hi Nilesh,
I have a visitor visa Refusal. Un my new application how should I answer “Has the applicant ever had a visa for Australia or any other country refused or cancelled” as after answering yes I need to write explanation further .
Bilawal says
Hello sir , i am from pakistan and i‘have a question? Can we apply for student visa imediatly after the rejection of visit visa in Australia? Help me out on this…
MOHD REDZUAN BIN WAHAB says
Hi, im malaysian citizen, recently i apply tourist visa but got refusal two times, so what i need to know is how long duration i can apply a new tourist visa? Plz answer me asap
Smriti Gurung says
Hlo sir,
Yesterday, i got my Australia visa refusal because of my sop. If i want to reapply then when can i apply, i have to wait 6 month or i can apply after 1 month. If i have to apply again then i have to do from first or ? It will affect my Australia visa refusal again? I don’t know! what to do? can you suggest me.
SUMEET says
hi! my partner’s tourist visa was refused as below:
The applicant has not provided acceptable evidence that they have access to sufficient funds
to cover the cost of their travel to and stay in Australia. As such, I cannot be satisfied that
they intend a genuine visit to Australia as I find that the cost and duration of their stay in
Australia is not consistent with their personal circumstances. While I note the applicant has
supplied a bank statement, there is no name associated with the account, therefore, I am
unable to verify who the funds belong to. As they have not demonstrated that they have
access to sufficient funds to support themselves during their stay in Australia, I am also of
the view that they may have significant incentive to work in Australia in breach of their visa
conditions.
After considering the likely costs of a temporary stay in Australia and the information
provided, I am not satisfied that the applicant has adequate means or access to adequate
means to support themselves in Australia.
CAN HE APPLY AGAIN ATTACHING ALL THES DOX?
REGARDS
Barbara says
Hi,l everyone,
My employer had received a refusal letter for nomination. (Visa 482). Even though I know my application will be also rejected Im wondering if I’ll get any Feedback on my appl itself anyway. Any suggestions?
Thanks
Barbara
Bliss says
Hi Nilesh,
My visa 189 application was recently refused because my assessed score is less than the score stated on my invitation to apply for the visa. I have unfortunately made an inadvertent error when I completed the expression of interest application which gave me a score of 70 points however my actual assessed score is 65 points. I had mistakenly clicked yes to meeting the Australian study requirement which added 5 points when I completed the EOI. I have submitted the form for notification of incorrect answers to but it didn’t help. Do I have an option to appeal if I made the application offshore? I am intending to reapply otherwise. Thank you for your help!
bkibs says
Can I apply for tourist visa after student my student visa got refused last year?
MOHD REDZUAN BIN WAHAB says
im malaysian citizen and apply for tourist visa subclass 601 4 january 2023 n got refusal and then i apply again visa subclass 600 and also get refusal and my question is
when can i apply again for my tourist visa? kindly please assist me asap
Sarmen suman Kumar says
Hi I’m sarmen suman and from fiji my student Visa was refused for Australia on 24/1/2023 what can I do next plz
Karen says
Hi Nilesh,
My brother had two student visa refusals last year. The first application was DIY, and the second one was with the help of a migration agent. The first refusal reason was the economic situation back home. The second refusal reason was a family tie in Australia and the economic crisis back home. Tho his GTE has explained well his plans after obtaining his studies to go back to working as a seaman with a higher position due to his qualification in Australia. But the CO mentioned that there was no convincing evidence to prove this. Now, my Question is?
What are the chances of getting approval for a visa for the third application?
If he ever gets a third refusal, what are the circumstances?
What should we do to defend the family ties here in Au and the economic situation back him? What are the documents that we should submit?
My brother finished his BS in Marine engineering. What other Vet course could he enroll in because the school he enrolled in before is not accepting him anymore? It is hard to find a school with the same course he took as his previous one.
Diana says
Hi, my name is Diana, i applied for a visitor’s visor to Australia which was rejected on 12 January 2023, this the reason that i did not satisfy the provisions of the Migration Regulations 1994, the review rights says “there is no right of merits review for this decision” what am i supposed to do in this case?
Diana says
Hi, my name is Diana, i applied for a visitor’s visa which was rejected on 12 January 2023 reason being that i did not satisfy the provisions of the Migration Regulations 1994, and further says thee is no right of merits review for this decision. what am i supposed to do in this case?
Sridhar says
HI,
I applied for Australia tourist visa through an agent who missed to mention about US tourist visa refusal in 2018 in the application. I was granted a tourist visa and travelled to Australia with my wife (a holder of TR visa and currently residing in Australia). My visa was cancelled as per Sec 116(1)(d) for incorrect information before immigration clearance and turned around to India. Can I now apply for another tourist visa or spouse visa to rejoin my wife living and working in Australia. Your response in this regard will be really helpful, thank you.
Yash Raghav says
Hi sir, i am working in Australia as project manager. I have 400 visa for short term (6month) visa
My wife applied for visitor visa , but got the refusal so can you help me ? I want her to be here for 1 month so we both will explore the Australia . I have return ticket as well . I don’t have any intention to stay here . I came here for project only . After completing the 6 month I will go back. So is there any possibility to get approval after resubmit the application again for wife.
Reason of refusal was:
The applicant claims to travel to Australia to visit spouse.
In assessing these criteria, I have taken into account the information provided by the applicant in their visa application form and the supporting documents. I find that the information provided is not sufficient to satisfy me of their genuine temporary stay intention, and the applicant has not demonstrated that they have sufficiently strong commitments in India that would be an incentive for them to return to India.
The applicant claims to be employed with Sri Sri Ravishankar Vidya Mandir. I also note their employment documents, financial documents and other supporting documents.
More specifically, I have considered their economic circumstances and find that their claimed income, as per their employment documents, cannot be considered significant in the context of overall economic conditions and cost of living in India. As such, it cannot be considered as a strong incentive to return to India at the end of their proposed stay in Australia.
I further note that the applicant has also provided evidence of financial support from their spouse. While I have taken the offer of support into consideration, I have attached less weight to this evidence as this is not in itself sufficient evidence of a genuine visit. The onus is on the applicant themselves to provide evidence of their circumstances in India that would demonstrate that intention.
Australian High Commission, New Delhi
OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: http://www.homeaffairs.gov.au/about/corporate/information/forms/ online/australian-immigration-enquiry WEBSITE: http://www.homeaffairs.gov.au, http://www.india.embassy.gov.au
-3-
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.
george says
hi Sir, I applied for the 600 visitor visa and got rejected I had all the papers needed although I went to Australia in the year 2018 and everything was good. I went on time and got back on time. Can I apply again? The reasons for denying is financial as they said and they were not sure that I am coming back to my home country
Hardeep Singh says
Hi team,
I got a tourist visa refused from Australia embassy and now I am applying for Spousal visa with my wife . I just want to know that am I able to re-apply my visa with my spouse or not.
Anna-Maria Febo says
Hello!
My visa E-visitor (651) was refused because that they didn´t had any evidence for employment my fundings in Australia due to it did not satisfy clause 651.21 of the Migration Regulations 1994. Ab eVisitor visa couldn´t be granted unless the relevant criteria specified in the migration Regulations is satisfied.
Can I now reapply and attach evidence of employment and fundings to satisfy my genuine intention to visit Australia as a tourist.
Do you have any advice about what evidence I need to attach so I give them relevant criteria specified in the migration Regulations?
Victoria says
My eVisitor application was refused. It was because I did not satisfy clause 651.212 of the Migration Regulations 1994 (the Regulations).
The refusal stated “the applicant has not provided acceptable evidence that they have access to sufficient funds to cover the cost of their travel to and stay in Australia. As such, I cannot be satisfied that they have adequate means to support, or access to adequate means to support themselves during the period of the their intended stay in Australia.
As they have not demonstrated that they have access to sufficient funds to support themselves during their stay in Australia, I am also of the view that they may have significant incentive to work in Australia in breach of their visa conditions.”
Can I re-apply for eVisitor again?
Rifky Arzelli says
Hello,
I applied Australia visitor visa in April and December 2022. Both were rejected due to the same reason ;
“I have not demonstrated sufficiently strong employment, economic, family or other commitments in Indonesia that would be sufficient incentive for you to return to Indonesia.”
My documents on the 2nd visa application was about 24 docs within more than 80 pages. I have complete my employment letter and agreement. For Financial (Economic), I have sufficient enough to stay there for 3 weeks. For Family, I am still single that provided family card where stated I am single. All of those attached with my Personal Letter that explain everything that I am a genuine person.
For my case, can I reapply with the visa (adding more and more documents) within next 5 month after 2nd rejection?
Thank you
Melinda Roika says
My Visa Application for Sub class 600 was refused .. How can I apply again?
Thankyou
Ash says
Hi there, my husband’s visitors visa has been refused as they say there is not evidence that my husband will leave Australia even though he has a work visa for New Zealand and he was only planning to stay for 2 weeks. (From South Africa) Can we reapply or what can be done? Thank you in advance
Anonymous says
Hello sir can I ask in Hindi language ..I am Indian. .. merai husband visa apply kar saktai hai kya vo Australia rahai hai laikin unhai unkai father ki medical condition ki bajh sai yaha rukna pada tha laikin unhonai 2015 mai aik partner visa apply Kiya tha or vo visa apply bhi ho gaya tha laikin Father ki medical conditions thik nhi to unhai vo visa cancel krna pada or yaha India mai shadi bhi ki…..ab kya dobara visa apply kr saktai hai kya Australia….plz suggest me….
Javed Ahmed says
Hi
I have traveled to Australia for holidays and short business trips for many many years now and always had multiple visas. My last multiple visa was issued in 2019 for 3 years expired in June last year and since I only used the visa for one visit to Australia I was told I could apply and get 3 years Multiple without any further fees. However, I thought I did not need to submit any documents which I did not when I applied. I did not get any requests for any documents either and my visa was refused.
Can I apply again and submit all documents?
Sahil says
Hi Nilesh,
Can you please guide me here.
What happens if a 190 visa gets refused? Will i be still eligible to apply again with a new eoi?
Also can you please tell me,
I am living in NSW from last 3years, in October i traveled to India and i am in India, working for Australia company and paying all my bills there, now that I have got invitation can I apply for the visa? Will i still be eligible and meet the 6 months stay criteria in NSW?
toni rose rosal says
hi im toni, i apply subclass (600) tourist visitor visa, i got refusal. base on the case officer i just recently employed (8 months), her concerns is i cant provide sufficient incentive to induce to return to my home country because i leave at work for 1 month, even i have enough money in the bank , paid tickets go and back, and accommodation. she said i am not genuine visitors because i just newly hired and because of absence of leave, do you think i can appeal? or any suggestions,
thank you in advance ❤️❤️
Yeri says
Hello, my partner has recently filled in a visa and ticked that she was open to working in childcare, we later found out that u would need a health test to do so, would it be possible to inform them to change this part of the visa ? Or could this be a reason for them to refuse if we do decide to change a small detail like that
Dilina says
Hi Nilesh… I have back to back visitor visa refusals to Australia in 2018.. Now i am planning to apply for student visa in june 2023… Will those previous visa refusals effect my student visa outcome??
Reason for refusal is lack of financial support and lack of travel history..
Lenna Suryani says
Hai Sir. My name is Lenna. I have applied and got my bridging visa in 2020. However, I went back to Indonesia. Could you please let me know what type of visa can I apply to enter to Australia once again?
Gurbaj says
Hello sir,
I am refused from australia clause 500.212
Student visa in may 16 2022, in bachelor of IT from cq university . Now I am studying bachelor of business and management in Uk Leicester Global Study centre ( Leicester university ). My 1st year would be completed in April after that i have 5 months holiday . Is there any chance of getting australia tourist visa in this condition.
Mingfang says
Hi, dear, I’m Mingfang, a Chinese citizen,29 years old. I have been in Bali, Indonesia since February, 2022. My boyfriend stays in India. His company ANZ will send him to Melbourne, Australia for a business trip from February to April,7,2023. After that he will go back to India. I always wanted to travel to Australia. So I’m thinking about traveling to Australia for one month and then back to Bali, Indonesia. I have savings which can cover one month but I’m a freelancer. Do you think if I will get tourist visa successfully? Thank you very much.
Best wishes,
Mingfang
Bheng Benjamin says
Hi, my name is bheng. I apply tourist visa then i apply for protection visa. I received bridging A then after more than 2yrs i widraw my application for protection visa, the i got a partner and he put me under his visa 482, but when we applied for permanent residency one of my child got refused on medical since then our relationship broke down, he removed me to his visa, i widraw my application. Then i go back to my country. My question is, can i still apply for tourist visa again or other type of visa?
Anonymous says
Hello, I’ve have a question regarding my rejection of TR visa as i didnt apply for police verification when I was in overseas and my bridging B Visa is also expired 15 days back as I applied AAT in Time. What all options I have to come back to Australia to collect all my laguage, original certificates, Gold chain which are safely placed in my locker with my fingerprint so how do I get a chance to collect my things and apply for new visa
Fatima says
Hello sir,
I got visa refusal on tourist visa ,I am to upset with this situation,my mother and me want to meet my sister but I can’t go bcz of refusal.can u help me through this it will be grateful if u help me.
Nathan says
Hi,
My student visa was cancelled 20 years ago for breach of visa condition (below 80% attendance). Can I apply for temporary skill shortage visa or permanant residency visa now? I have an employment offer and the company is willing to sponsor my visa. If yes what are my chances of getting approved if every other conditions are satisfied? Thanks in advance.
Deval Chaudhary says
Hello sir , my student visa for Australia was rejected in october. I applied for bachelors in Australia . I secured overall 7 bands and my school grades were very good as well . What can i do now ?
Jenny Watt says
Hi there!
I applied for a second year working holiday visa (after completing my farm work) in 2019.
The visa was rejected because when attaching evidence, I accidentally attached a working reference which was not my farm work. I basically also had a part time job working at the farmers restaurant to earn more money.
The document from immigration said that my evidence – working reference, contradicted what I stated my farm work was and the restaurant job was not classed as farm work. It was a mistake by me to attach the reference.
The visa was denied without appeal – I wanted to contest this and was told I would have a good case, but it was the first week of covid and i was forced to leave Australia.
Would it be possible to try to reapply for the 2nd year WH visa now two years later?
I DID complete all of my farm work. During my farm work I just also worked part time at a restaurant – and this was the working reference I attached by mistake.
Thank you!
Jenny Watt says
Sorry I could appeal but as it was covid I had to leave and so it is now past the 21 days to appeal
Kiran says
I and my wife have received tourist visa for Australia but my minor son visa is still not issued. What is the possibility.
Asha says
Hello sir, I have applied for student visa with dependent recently and I got visa refusal. They have mentioned reason ‘ incentives to return home country was not strong’. But I have mention all the reason strongly.
And other things is I have a concern after graduation in 2017 I have change my job three time.So, may be that is the reason behind my visa refusal.
Or my husband he is working in japan from the last five years so, to take him as my dependent is the reason for my refusal.
It would be great help if you clarify my following doubts.
1.Will it affect visa if applicant change job three time ?
2. Will it affect if the dependent works in japan or abroad for longer periods of time and apply for dependent visa ?
3.Can I reapply my student visa again ?
Will be looking forward for your suggestions and reply.
Thank you.
Bri says
Hi there, my partner was refused a tourist visa to Australia. He is Indian and currently not working- he’s just finished a uni degree. He had evidence of funds in the bank to cover his trip, as well as documentation from India proving he had family ties and responsibilities to return to. I showed proof of my income and sent a stat dec stating that he was coming as my guest and would live in my house while he was here, and that while he had money in the bank, I would financially support him for the time he was here. We applied for a tourist visa for a 3 week period. The reason given for refusal was that the department did not believe he had a genuine intent to return to India and while i had said i would support him financially, it was ultimately his responsibility to support himself. Which i find strange considering he had proof he had a few thousand dollars in the bank and only applied to come for 3 weeks. I’m so angry about this decision and am wondering: will it affect him applying for a tourist visa again? or a working holiday visa? he is 28 so could apply for a working holiday visa but I’m worried the tourist visa rejection will mean he will be rejected again. thanks
Jacob says
My application for australian tourist visa has been denied for the reason being i did not declare any family member at my usual residence. I am a single expat with a valid working visa at country lets just refer to as “A” which i declared as my usual residence. I am on a bachelor status thus no family with me. My application was greatly misunderstood.
How many days from the day of refusal can i re apply? I wanted to opt for an appeal but it’s very costly. Your thoughts? Thanks in advance
Elice says
Hi . I apply for Australia Tourist Visa got Refusal after 3 days , as i did mention i plan to attend a Convention and holidays as the same time . They though Im going there for work so they refusal my application .. and cannot consider my Visa application further and also doubt that i have sufficient incentive (even i give my bank statement and credit Card limit which quite high in Aussie Dollar )… Which They ar refusa my application base on 601.212(a) or 601.212(b) .. can i apply a new Visa or Appeal ? can i still make appeal ?
Nancy Sharma says
Hi
I applied for a tourist visa
It got rejected due to financial issues.
When can I reapply?
Phub Thinley says
Hello Nilesh sir,
My name is phub thinley.
Can we apply for spouse visa once we got reject in student visa?
Nimali M says
Hi Nilesh
Can you apply for another type of visa (eg, Sponsorship through Work) while your initial visa application (Protection) has been refused and is on appeal? The refusal letter/email was received 11th Dec 2022. We have 28 days to appeal. My current employer is willing to Sponsor me. Appreciate your reply. Thank you.
Ali khan says
Hello.
I was on a student visa on 2018 Nd my coe was cancelled due to insufficient funds .this was happened due to my family tragedy back in my hometown.i put AAT on the circumstances but refused some time later.i decided to withdraw application and return back home in 2020.my wife was also in australia at that time but we went both together ..and now my wife want to reapply her student visa and put my status as spouse. Can you please guide us what are the chances of getting of visa .
Bhawna says
Hi,
I applied for my parents and brother’s visitor visa (Visa subclass 600). My parents visa’s got granted but my brother’s visa got refused. Can I apply again for my brother’s visitor visa?
Thanks
Nabila says
Hello, recently i have receive 189 invite and currently i am in 482 visa. I accidentlt claimed 5 points now before applying for 189 can i arrange supporting documents to proof the 5 points?? Also if my 189 visa refused what will happen to my 482 visa and will I be able to reapply 189 again after a refusal?
Shruti says
Hi Nilesh, I am in student visa currently and my husband applied subsequent entrant visa which got rejected recently stating clause 500.312 in schedule 2 of the migration regulations is not satisfied(intention to return back to home country). Do you think we can reapply immediately? Is there anything I can do? Worst case I am thinking of quitting my studies and going back.
Georgia says
Hello,
I applied for an immigrant visa last 2017 but it was refused because my son has autism and they said we didnt meet the critera and would bear substantial cost there. Is it possible to make an appeal bases on that? Im already 49 yo, and my son in his 20’s but he is graduating in his engineering course already.
Seeking for a response, thank you.
Nilesh Nandan says
Hi Georgia
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 are very strict time periods in which an appeal can be made, even if an appeal right is available. Sometimes an appeal right is not available for example, when an independent offshore applications made, usually, there is no right of appeal.
2. If there is no appeal right, then your left with either applying for a Visa yourself, or for applying for a Visa in your son’s own right. Of course there are significant hurdles in your case because you are over 45 years old and your sons case as his autism is likely to be present and problematic, even though a degree has been completed.
3. I’m curious as to why you have lost that for such a long time since the last refusal to make further inquiries. It would be useful to put the entirety of your circumstances into context when speaking to your next legal representative. 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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
Leticia says
Hi Nilesh Nandan, thank you for your explanation.
In my case, my mum’s visitor visa was refused, because she left Australia without informing the Immigration department.
This was my fault due to the stress of my father’s in law death in Tasmania and a combination of my overseas wedding, unfortunately, I forgot to update the immi account.
She went back to Brazil and she will be there, I am worried if in the future I can apply for a new visitor visa. Should I make an appeal just to justify my mistake?
Thanks kindly
I am looking forward to your comment.
Nilesh Nandan says
Leticia
I’m responding using your mobile device and cannot see the earlier thread of your message. 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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
Sharmaine Ty says
Hi, my business visitor visa application for Au was refused due to wrong class. will i be able to reapply? I was supposed to go to au for work for a branch of my current employer to assist them. It was stated in the letter. It was stated in the refusal that the class was wrong
Nilesh Nandan says
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. Nothing stops you from making a further application. I assume you are overseas.
2. Because you now have a Visa refusal, it may be that a second application could be rejected too.
3. Take care to disclose the fact of the earlier refusal and address the issue raised in the refusal letter. 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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
Sharmaine Ty says
Hi, my business visitor visa application for Au was refused due to wrong class. will i be able to reapply?
raul abaunza says
My e visa was refused
I’m British citizen
They never same for my job or anything about me just my passport
Nilesh Nandan says
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 can’t see why you cannot simply reply.
2. Take care to deal with all the issues raised in the refusal letter.
3. Be sure to disclose the fact of the prior REFUSAL and any other REFUSAL you may have had for any other country.
*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 Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
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
Yancy says
Hello
My husband’s visa got refused on 12th January 2023 because he did not satisfy the provisions of the Migration Regulations 1994.
When shall he reapply?
Leonardo says
Hi, my name is Leonardo and I’m on the sponsor visa 457 and now I’m going to applying for my PR, but the company I’m working, maybe not going to be approved by immigration to nominate me. Because financial problems. The company wasn’t paying me what’s was on the contract and I believe others financial issues. My question is? if my PR is refused, what’s can I do ? Can I appeal? Because my situation is ok. The problem is my employees.
Nilesh Nandan says
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. Not the first person to be significantly prejudiced by the acts and circumstances of your employer. Unfortunately you won’t last as this is a very very unfair regulation.
2. You might be eligible for a specific exemption which came to play after 1 July 2022. Whoever you should get a midget advice as the regulation is not well understood.
3. Time is not on your side and you need to take positive action quickly.
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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
Asad Sami says
Hi there, I’m Sami. My friend tourist visa (600) is being refused on the ground of other circumstances clause 600.211 schedule 2. as she did not produce payslip but monthly salary was bank by employer. In the bank statement system generated random transaction details were given rather employer trading name. On top, I sent her invitation letter with all taken responsibilities including air fare (if needed) during her stay. I’m a NZ citizen live and work in Sydney. I got my own property here. I have included all evidence my income, council rate, bank statements etc to support her visa. It seems they have not taken my support in account while making decision. They made decision purely based on her employment and not have enough strong commitments to return back. My friend is from Bangladesh and she filed online application to nearest branch New Delhi. Her refusal came with No Review merits. Is there any way we can object further rights of review as she is devastated as they question about her employment dignity ?
Would like to hear from you.
Thanks and Regards.
Radhika says
Hi sir, my visitor visa was rejected on July the reason was my spouse visa was on bridging A so that’s y it was rejected and now his visa was inactive status now I had applied for dependent visa is there any visa rejection chances.
Alwin says
Hi,
My wife’s visit visa got refused by Australian Govt recently, can she now apply for student visa to Australia?
Kunal Anand says
Hi sir, have you seen cases where the tourist visa was rejected first time (due to officer not seeing enough ties back to India for the applicant) but got approved the second time? We have provided enough documentation and reasons for return for my brother’s application this time but I am worried that since it got rejected first time, it might create an hindrance the second time.
Dayana says
Hi! I have been applying for my mother’s Tourist visa. But we missed the Biometric application at the time requested. In the Immi platform do not appear it has been refused. We applied on the 06 of September and we needed to provide this information within 14 days which already passed. What can I do? Could I continue to apply the biometrics? Or do I have to wait for the refusal?
Shelyn Ram says
Hi my visitors visa 600 family sponsored was rejected, reason sponsor was not Australia citizens. He was NZ citizens and is TR in Australia. Can I reapply for my visitors visa without sponsor. And in how many days
Preet says
Sir, Recently, I got refusal from Australia on student visa.(Subclass 500 TU).
The reason was Migration Act 1994 , Clause 500.212 Schedule 2. I also acknowledge that the applicant has family ties to their home country and place some
weight on that in favour of the applicant. However, I have concerns that these ties may
not be a strong enough incentive for the applicant to depart Australia upon completion
of their studies. I give more weight to consideration of the applicant’s potential economic
circumstances in their home country compared to Australia and the value of the course to the
applicant’s future.
While I accept that obtaining qualifications from an Australian educational institution may
positively influence employment and remuneration prospects in an applicant’s home country,
I am not satisfied that the applicant demonstrated how they would achieve this against the
background of prevailing economic circumstances in their home country. The applicant
implied a career pathway intention in their home country and how this would be an incentive
for them to return, but did not provide any convincing evidence to support this. I have
considered the applicant’s likely earning capacity in Australia and in their home country.
Based on the information before me, I am not satisfied the financial incentives to return home
outweigh the financial incentives to remain in Australia. I therefore place little weight on the
applicant’s implied intention.
Can I Re-apply for Australia Student visa after Justifying this reason because, i reckon that I’m being misunderstood by embassy, I’m a geniune Student, please Help me .
Mohit punia says
Hello sir
My visit visa (subclass600) refused in sep 2019, I applied it along with my mother and my brother sponsor us. Australia Home and affairs denied my visa, but, my mother got it. I want to apply study visa now, I complete my btech mech recently, i have no gap also have desired score in PTE overall 65 and not less than 65 and 70% aggrigate in my engineering i also have one more issue i completed my 11th in second time. So, tell me am I eligible for applying and how much chances i have to get the visa.
Bushra zeeshan says
Hi sir. My husband lodged my visa from Australia I was studying in university in Pakistan at that time.
First he lodged visit visa which was refused and then student dependent visa after one year which also got refused.
After that we came to know by somebody that my husband was no illegible for applying visit visa for me which our agent didn’t tell us.
Now for the third time we are trying I have completed my graduation. Kindly guide which visa or what should we do so our visa gets approved. Kindly help.
Jadvinder Singh says
Hi sir, 2 weeks ago my causin student visa refusal from India. His course cookery diploma. So please let me know i can agin apply in same course or degree. Thanks
LindaBali15 says
Hi sir
I just applied visa few days ago .I got a little problem here regarding given name n family name.so I ask for help to my friend to applied visa for me n my friend get mixed up putting my name .used to not have have family name only given name . do U Think this will cost big a problem because we fill up on family n given name ?.
Mehboob Hussain says
Hi Nilesh,
I appreciate your assistance in advance. My question is related to tourist visa that how long I can reapply after its refusal.
My parents are in Canada. I applied tourist visa for both in July 2022. I received visa for my father in early September 2022 but my mother’s got refused this week on medical grounds despite the fact that the medical examinations were still under process. One of the 2 reasons of refusal was ‘No response’ from our end but the medical process was ongoing through prescribed medical centre in Calgary and we assumed that the centre is updating whatever logging/correspondence system they have with DIBP. Other reason of refusal was obviously insufficient medical information.
How long before I can reapply? I have read this thread and somewhere you have mentioned that one can reapply but is there any limitation in terms of time period before I reapply?
Regards
Sarah says
Hello,
I have been rejected for a tourist visa subclass 600 under the impression that I will not return back to my country. Although, I am currently a student and have provided evidence, and claimed that my family would sponsor my financial needs for this trip. They refused me under clause 600.211 . I have sent in an enquiry with further proof from my university and lease to prove a means of return. Though, whether or not their decisions change, I wanted to know if it would be possible to apply for the tourist visa again, or if there’s a period of time where I cannot? or will they simply not accept me because I’m an unemployed student studying abroad?
Senthil kumar says
Hi
I applied twice for my sister family tourist visa got refused twice subclass 600
Any advice
David says
Hi Nilesh,
I am currently on a bridging Visa A waiting for a 485 Visa for 11 months now.
Prior to getting my student visa in 2019, I had a student visa refused in 2018.
Can I apply for a 190 visa while on a bridging visa?
if yes, Does my initial student visa refusal affect me applying for the 190 while still on a bridging visa? or do you advise I wait for the 485 visa?
Ramandeep says
Hi i want to ask for you that i am knternational student in australia i applied for my husband visa 6 months ago and its dependent visa and have no response and i am diploma student can u tell me in how many time he will get his visa ???
Joy says
Hi, i applied tourist visa 1st September, refused 14th September, and i reapply 18th September,now still Further Assessment. How long need to wait for my 2nd application result?
Mdfayyaz says
Hai igot Australia subclass 600 refusal in how many day can I apply again..
Alex says
My first student visa expired in March 2022. I applied for a new student visa extension in March 2022 till August 2022. Till to date, my application states that it is under further assessment.
On 16th May 2022 I received an email requesting for further information. I was given 28 days to reply. I sent a reply email on 18th May 22 with the documents as I was unable to attach the documents on my immiaccount.
I attempted to apply for a new student visa or temporary grad visa in September 2022 but am unable to do so. The new application states that my previous visa is refused; not under a substantive visa; my location cannot be determined.
What should I do?
Mohammed Rahmat Ullah says
I believe that all my application papers were 100% correct. But I was not given a visa. What can I do now to get my visa?
Nilesh Nandan says
It is unclear from what you have written whether the application has already been refused or you are simply frustrated because it has been delayed. Could you please provide further information.
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 the application is refused then you must take care to appeal as quickly as possible and make sure you comply with the strict time deadline specified in the refusal letter.
2. If it is not resided note that partner applications can take a long time to process. 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.
3. Have you missed any appeal period. The solution is to make an application from outside of Australia as you can make as many applications as you wish from outside Australia provided you are willing to pay the application fee.
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Asena Leba says
Bula vinaka, can I re apply again after I receive our visa refusal for me and my son
Ramanpreet kaur says
Please sir, its my request please clear my doubts. I’m indian, receny, i got refusal from australia for study visa. I want to reapply for again study visa in australia. Is it possible?
Nilesh Nandan says
Hi Ramanpreet
*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. You can reapply.
2. There is now waiting period.
3. Take extra care to respond properly to the reasons of Refusal provided to you by the departmental decision-maker.
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Sri Raksha G says
Hi Nadan,
I am a working professional in 2018 sub 600 was rejected on financial basis. And now in 2022 I have got the offer letter from LA Trobe for my master’s and by next month getting the coe from the university. Could you please guide me on possibility of considering my scenario if I apply for student visa does the rejection will have any impact on it.
Rida says
Hi nilesh
A friend of mine applied for a student visa and got rejected even though he got his approval from murdoch university. And the embassy gave the reason that his pay in australia will be much more than his own country. He’s really depressed kindly guide me what he should do.
Thankyou
Rida
Nilesh Nandan says
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Don't want to post says
Hello Sir,
I have visa refusal for US and Canada, and I want to apply 485 visa as I recently finished my degree. Will these refusals (US and Canada) will affect my 485 visa eligibility?
Momar Khan says
My brother applied for Australia visitor visa in 1998 and got refusal and he is going to apply this year as sponsored family visa .
does he has to show his refusal of visa ?
Nilesh Nandan says
Hi Momar
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. Yes! You must absolutely disclose the earlier refusal in 1998 although it is 24 years ago.
2. Important thing to concern yourself with is the objective incentive to return to his home country … take extra steps to cover off this issue as solidly as possible in your circumstances.
3. Important thing to remember about the family sponsored stream is that it is assessed by teams in Australia and not in your home country. An appeal option of course is more likely to be successful under the family sponsored stream.
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Kyra says
My partner Applied for 482 medium term temporary skill shortage visa in Janurary 2022 ( I went as his partner on it) and we have just been notified that it has been refused and we have 28 days to respond or withdraw application. We are currently in Australia on Bridging visa. I tried to apply for my 2nd WHV however it will not allow me. What can I do? Or why won’t it allow me?
Nilesh Nandan says
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. I think what you meant to say is that the nomination application has been refused and they have given you an opportunity to withdraw the application for the 482 Visa which also must be refused to now given that the nomination has failed?
2. if I have misunderstood you and before 82 Visa it self has been refused then you will be subject to the provision known as section 48 of the migration act. This provision Astrix what other visas you are able to make a valid application for whilst you are still inside Australia.
3. If your application has not been refused and be also aware that the provisions of schedule three of the migration act which require you to make most substantive Visa applications within 28 days of the expiry of a substantive Visa, will ordinarily apply to you. The effect would be that unless you’re able to overcome schedule three with a waiver submission, If indeed one is available for the Visa you next wish to apply for, your next application will be refused.
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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Jarin says
Do the applicant need to resubmit biometrics for 2nd time re-application, if first time application has been rejected? The biometrics have been given recently. It is for visitor visa.
Nilesh Nandan says
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 scrutiny of biometrics is related to one’s identity. I can see good reason why the departmental decision-maker would request fresh biometrics to be undertaken in respect of any new application.
2. You will know soon enough whether or not they require a fresh biometric test. The repeat request could possibly be challenged at the time of any such request.
3. I understand that getting re-tested in terms of biometrics can be a great financial imposition, especially if one needs to travel a great distance to have this testing completed, but be careful of raising the issue of financial hardship as it may compromise your claims to be a genuine temporary entrant and one who has financial capacity to visit Australia…and then question sufficient incentive to exit prior to the expiry of any visa granted.
*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
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Rigzin Dorji says
How can I reapply for student VISA
Nilesh Nandan says
Hi Rigzin
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. There is no waiting period you can apply again straight away.
2. Be sure to make sure that no supporting material in this new application is inconsistent with the supporting material provided earlier all of course send as much additional information as you can to address the concerns raised in the prior student Visa refusal.
3. Make sure to make the express reference to the earlier Refusal and to not proceed on the basis that the earlier refusal did not exist. They will know and it will be very bad for your credibility if you omit to declare it – as unfortunately many many stupid Visa applicants for Australia tend to do.
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Akash Jain says
Hello Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia – couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
Nilesh Nandan says
Hi Akash
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. Some Australian decisionmaker simply don’t get how important the matches are in Australia this summer particularly the India Pakistan match. This is very frustrating not just for your family but for other Abbott cricket lovers around the world. Australia needs to wake up to the fact that people want to come here to visit only and to return after their visit and the very good reason for their visit is to watch is excellent matches on Australian pitches.
2. It appears you have done the correct application. Unfortunately your only recourse at the present time is to redo the applications admittedly with additional fees but on this next occasion to ensure that you address the very crucial issue and that is that you have no intention to not comply with the temporary nature of the visitor Visa. Unfortunately there is a large cohort of travellers to Australia who use the World Cup and similar events to secure a Visa and then over stay without having any intention of returning from the very beginning.
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.
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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
Mayank Jain says
Hello Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia – couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
Nilesh Nandan says
This appears to have been a duplicate question on this website and has been already answered.
Ashwath says
Hello Sir,
I am from India. 2 of my friends and myself have planned for the t20 Worldcup in Australia, set to begin in october.
We have our Match tickets booked, Flights with return booked, Hotel acomodation booked as well.
We had submitted all these proofs and yet our visa has been rejected. We are working in Chennai, India in reputed firms.
Please advise
Nilesh Nandan says
Hi Ashwath
I have already answered similar questions from many cricket fans in this thread. Please review and if you have any unique question then please take post it here provided it is unique.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Mahak Kwatra says
Hi Nilesh,
I hope you’re doing well.
My husband applied for visitor visa from India to join me on my graduation ceremony in December and it got refused after a week of filing visa.
The reason is, immigration department thinks he does not have a strong reason to go back to India.
What should I do? I really want him here with me on my graduation.
Nilesh Nandan says
Hi Mahak
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. I do understand your kindness to have your father attend your graduation ceremony. Equally IMMIGRATION must be sure that your father intense to return after the short visit.
2. As you have a refusal then it is clear that a conclusion has been drawn that your father will overstay or at the risk that he might overstay is at such a level that it is unacceptable for the decision maker.
3. There is nothing stopping you from making a further application with further supporting material. The material should provide new and well argued points as to why it is unrealistic for the conclusion that he will overstay to be made on this new Visa application. You should read carefully the letter sent to you as it will give you clues as to what concerns the delegate has. Be also very careful to make sure that no new information is inconsistent with information previously provided and of course be sure to acknowledge the prior Refusal rather than sweep it under the table as IMMIGRATION will definitely know that you have been previously refused a Visa for him.
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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
Prashant says
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?
Nilesh Nandan says
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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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
Sneha Baby Thomas says
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
Nilesh Nandan says
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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Marie says
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 ?
Ruth Shaw says
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
Nilesh Nandan says
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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Ruth Shaw says
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
Nilesh Nandan says
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
Lucy o Neil says
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
Nilesh Nandan says
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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TA says
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?
Nilesh Nandan says
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
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kristhel says
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.
Yvonie Banga says
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.
Nilesh Nandan says
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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Shivam says
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
Nilesh Nandan says
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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TA says
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.
Nilesh Nandan says
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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Paramjeet kaur says
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.
Nilesh Nandan says
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
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Simranjeet Kaur says
Hi Sir,
I applied for Australian Study Visa(without any study gap – 12th pass-out) and got refusal after 3 days of medical coz of missing docs in my profile. Is there any chances if I full-fill missing requirements and reapply the visa within 24 hours?
Nilesh Nandan says
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 immediately.
2. Be careful to cover all criteria not just the medical issue that was raised on this occasion as like a good reviews the application again but for a different reason to the reason for refusal in your first application.
3. Always make sure that document in your second application I consistent with documents provided support your first application.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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
Tashi lhamo says
My student visa was rejected due to no strong reason of returning
Is there away to be accepted in next try? Is it okay to reapply immediately after refusal?
Rayza de Oliveira do Carmo says
I studied in Australia in 2018 and 2019 as a student. Now 3 years later I want to go as a visitor. But my visa was rejected based on low funds but in addition to my own funds my aunt is also providing enough money to help to this trip. They say I didnt show enough reasons to be a genuine tourist. I am a english teacher here in Brazil. What can I do?
Imad says
Dear Sir,
I have apply for RRV (resident return visa) in March 2020 but it was refused by immigration department with comment “the applicant did not satisfy the provisions of the Migration Regulations 1994 The Department cannot consider your visa application any further. However, you are entitled to apply to the Administrative Appeals Tribunal (AAT) for a merits review of this decision. An application for merits review of this decision must be given to the AAT within 21 calendar days after the day on which you are taken to have received this letter, You may only seek merits review of this decision with the AAT if you were **PHYSICALLY** present in Australia at the time this decision ”
Since I was not present and after 1 week Australian border was closed due to COVID and now I am seeking how can I appeal in AAT as I m still not present. Please advise how you can assist in my case.
Kuenzang Peldon says
Hello Sir, My visa application for a Student (Temporary) (class TU) Student (subclass 500) visa was refused on August 31, 2022. The GTE statement that I didn’t meet the requirements and the Migration Act and the Migration Regulations are not satisfied is the reason given for the refusal. Therefore, should I submit a new visa application right away or must I wait for the cooling off period? Although I have a bachelor’s degree, I chose to pursue a diploma in hospitality management instead. I even mentioned this in my SOP; was my visa refused as a result of this?
Tshering says
Hi sir, my student visa sub 500 got refused recently. Is it possible to reapply right away after getting the refusal notice or should i have to wait some more years
Bishnu Risal says
Hello Nilesh,
My brother’s family, along with his wife and two children, recently applied for a tourist visa subclass 600, but their visa was denied because the officer was not satisfied with their financial and strong commitments, genuine temporary stay intention. However, me as an Australian permanent resident, my brother’s decision records have the right to apply for a merits review of this decision to the Administrative Appeals Tribunal (AAT).
Since, my brother’s business financial documents were based on 2021 financial year when we applied. Now Recently his 2022 business financial documents were completed with 25% increase in business.
As, my brother has no desire to remain in Australia. Could you please suggest me whether my brother should reapply for a tourist visa again, or he should apply for AAT?
I would be grateful if you could please recommend me.
Bishnu
Alka says
Hi
I am permanent resident of Australia. My husband visitor visa got rejected(July). We have been married less than 1 year. Is my husband is eligible for 803 visa? In website I saw that to be eligible visa should not be canceled or refused. But I’m not sure if any visa refused or it means previous 803 refused. Please let me know what are the option?
Arjun chaulagain says
Hi sir i got my visa extension refusal on july 1st but my course cookery finished on july 3 . I had already applied for AAT review . Agent told me it takes long time and also they said i can apply 485 from offshore is there a risk applying from Offshore .is there any other way i can do if i apply 485 from offshore can i come back to australia as soon as i apply and i am working as a cook in restuarant for 8 month . Please give me some idea for this case
Tshering says
Hello sir
My student visa has been refused few days ago and I want to reapply it.
What are the possibilities I have .
Pradeep R says
Hi, This is regarding adding a baby born in Australia to TSS 482. Baby born in Nov 2020 while I was on 457 visa. Baby has Birth certificate from VICBDM. My new TSS visa applied in 2021, Baby did not have passport then and was not included in TSS application. Could not apply for Indian passport as VFS offices were closed due to COVID and lockdown. My TSS visa granted in June 2022. Baby got the passport in Mar 2022. I submitted the relevant documents to Immigration to add baby to TSS 482. I was told my immigration that I should apply for TSS 482 subsequent entrant as baby’s name was not present in initiall TSS application. TSS 482 has a condition that if applied from Australia, person should have substantive visa or Bridging A or Bridging B or Bridging C visa. Baby does not have any. Can you please let me know what the options available for getting a visa for the baby?
Monique says
HinSir. My husband applied for a 400 visa to get to Australia ASAP as the company he is working for wants him there ASAP. Me and the kids were part of the 400 visa application, however we were refused. The agent we are working with suggested that we apply for a visitors visa in a months time, then go over to Australia at the end of November to join y husband and then they will be able to apply for our 494 visas, which means we will be in Australia when they apply for that visa and we will also be able to get a bridging visa. 3 – 4 months is a long time without my husband. Is this the only way? Is there another way o get into Australia quicker? Do I have to wait a month before applying for the visitors visa? If I received a visitors visa earlier, and I went to visit my husband, after 3 months I need to get out of the country, how long do I have to stay out before I can return again?
Binoj says
Hi Nilesh,
If a subclass 600 visa got refused to australia recently will that be a problem when i apply for a 482 visa? Please advice
Mustafa says
I applied my student visa sub500 from pakistan on 19 January 2022 in VET stream. After all the biometric and medical procedures i received my interview call on 12 may 2022. They interviewed my employee and me about my job and all the questions were regarding my job duties, salary, timings etc. After that interview the departmental officer found some inconsistencies in statements of employee and me and gave me S57 (Natural Justice) on that behalf of that interview on 14 July 2022 and gave 28 days to respond to it . I gathered all the documents and I applied my student visa sub500 from pakistan on 19 January 2022 in VET stream. After all the biometric and medical procedures i received my interview call on 12 may 2022. They interviewed my employee and me about my job and all the questions were regarding my job duties, salary, timings etc. After that interview the departmental officer found some inconsistencies in statements of employee and me and gave me S57 (Natural Justice) on that behalf of that interview on 14 July 2022 and gave 28 days to respond to it . I gathered all the documents and proof to support my justification and to clear the doubts that were observed by the officer and submitted my justification on 30 July 2022. On 19 August 2022, unfortunately i received my Refusal letter with decision that “TO DATE NO RESPONSE HAVE BEEN RECEIVED” they did not received my justification and on that note they refused my visa application in-spite i had send my justification and had PIC 4020 on my refusal letter. I want to know is there any chances that i can review my visa file as i have provided all documents and was waiting for my visa from past 8 months and as of today i got this result. to support my justification and to clear the doubts that were observed by the officer and submitted my justification on 30 July 2022. On 19 August 2022, unfortunately i received my Refusal letter with decision that “TO DATE NO RESPONSE HAVE BEEN RECEIVED” they did not received my justification and on that note they refused my visa application in-spite i had send my justification and had PIC 4020 on my refusal letter. I want to know is there any chances that i can review my visa file as i have provided all documents and was waiting for my visa from past 8 months and on 19 August 2022 i got this refusal.
It would be very kind of you to guide me how can i get my visa as its been almost 9 months of untiring efforts i gave into this process.
Mart says
Hi Nilesh,
My partner got invited to apply for 189 visa this week,
but when we started the application on page 7, we got an issue message for my self is the following: “The applicant ‘ My name’ is not eligible to be included as a family member due to one of the following issues:
– They have a previous visa cancellation
-They don’t hold an appropriate visa
-They have a condition in the current visa
-Their location can’t be confirmed
The application will not be able to continue until the family member that is not eligible is removed from the application. The applicant should review the eligibility information on our website. ”
We “including my partner” are currently in Australia on Bridging visa A for 485 visa.
Please note, that I had a refusal visa for 485 visas in 2019, because I applied after the 6 months period. But, then I applied for a student visa to continue my master’s degree which has been successfully granted and expired in March 2022.
Is this issue can be fixed?
Gourav batra says
Hello Nilesh,
I and my wife applied for visitor visa subclass 600 for World Cup and got refusal on 26th Aug 2022 with reason economical conditions.
I want to re-apply for the same. Can you confirm the success rate of getting visitor visa if in case i re-apply for me only or with family again.
What do you suggest on above that i should apply for me only or can re-apply with my family?
Regards,
Gourav Batra
Afsar says
Hi there i went to australia on 2018 jan while holding visit visa after that i applied bridging to stay and permanently exited from australia so can i apply visit visa again
Peter Grouse says
Hi sir, I wonder if you could help, give advice on my partners and I circumstance. Her visa was refused due to not showing she has any economic reason to return to Bali, as she is unemployed there and currently on a holiday visa there in Bali. The details are
Applied: 04/07/2022
Notification of refusal: 26/08/2022
Visa: tourist 600
Length: 3 months, single entry
I am Australian citizen and my partner is Russian living in Bali; Indonesia. She currently is unemployed and I’m am fully employed with a major airline in Australia as a pilot.
We supplied all documents
-her passport
-birth certificate
-photo
-previous travel history visa in her passport
-current visa in Bali
-ownership of house in Russia
-my letter of invitation
-planned tourist activities letter
-my passport
-proof of my residential address (utility bill and tenancy agreement)
-4 months pay slips
Can you provide any advice on what best to do next who in this situation with regards next application and how to make it better to be successful. Should we register the relationship and do a sponsored visa (is that possible?), or any other visa considering this end considering she is unemployed and I stated I would be supporting her while she is her financially (living with me, paying for her and she also stated she does have funds as well).
Thank you
afsar says
Hi siir in 2017 i habe travelled to australia while holding tourist visa so i have applied bridging visa after applying bridging visa within 7 months i have travelled 2 times to india while having bridging b later again in 2018 i have travelled india again but in 2021 due to health worst conditions have exited from australia without informing immigration and left to india so can i apply tourist visa again or after marriage with dependent of wife i can travel to australia ?
Zoe says
Hi sir,
My partner visa was refused on grounds of insufficient evidence of the relationship. We are engaged to be married, and about to lodge our NOIM before getting this news.
Am I still able to apply for something like a working holiday or student visa despite my rejection? This way we would have time to get married and try again for a partner visa in the future?
Or are we better off trying to appeal our case? If the appeal fails, how soon after rejection can you apply for another partner visa?
Kindest regards,
Zoe
NOOR MAZIAH says
sir,
I recently faced refusal from australia on 24 august 2022 (visa subclass 600 visitor) and I declare to travel from 15 July to 29 July 2022, ,now the date alrdy expired. they not satisfied that I meets the relevant criteria in clause 600.21. can I reapply again . Is it possible to reapply for australia.
Adi Makelesi says
Hello Nilesh, can we apply for Skill Nomination Visa (subclass 190) if our Protection Visa is being refused .
Yeshi zangmo says
Hello sir
My sister’s visa got refused after 2 months of visa launch.
The reason they stated for the refusal is that she don’t have biometric .
What happened is that when she launched her visa she got HAP ID for e medical and for biometric system couldn’t fetch up.when enquired to immigration office she was told they ll call her to add if it is required but then after 2 months she receive the visa refusal notification. Which we feel it is system error .
For this case is it good to reapply and relaunch the visa or to appeal ?
Your suggestion will help me .
Thank you .
Pankil says
Hi Sir,
I applied Tourist Visa (subclass 600) for my mother which has been rejected on the grounds that “she does not have any strong economic/family commitments which would be an incentive for her to go back”. I am an Australian Citizen and my mother has been to Australia twice before and has always complied with all the visa conditions.
Could you please advice if I should file an appeal with AAT or can if I can reapply for visa again.
Many thanks for your help with this.
Nihir says
Hi Sir, i recently applied visitor visa for me and my daughter I got my visa but my 1 year daughters’s visa got rejected . now i can’t. travel with her since she is still small kid without mother together it will be tough for her. Could you tell me what i should do ? can i re-apply the visa ? what is the time period i have to wait for reapply after refusal .
Many thanks for your advise in advance !
Sharmila Singh says
Hi, I had my Remaining Relative (subclass 115) visa refused on 16/8/22. Application lodged in January 2020. The reason for refusal was, criteria not met. In our application it was stated for my son who is over 18 yrs, that he will apply separately & had done so. Currently he lives, work & resides in Sydney since 19/12/21.under subclass 482 visa & will be transitioned into subclass 186 by his employer prior to expiry.
I think this satisfies the criteria “usually resident in Australia” . When he went to Australia this information was not updated by us in the application.
The notification letter that we received says that my sponsor is entitled to apply to AAT.
Can we appeal providing the evidence that can satisfy the requirement of my son is “usually resident in Australia”
Tobey Guo says
Hi Sir
My brother recently applied for working holiday visa and he got the refusal. Later, I turned out that it was he who filled in the wrong option so refusal. What should we do in a situation like this? Is he possible to reapply?Thanks
Have a nice day
Tobey
Deche says
Does my tourist visa refusal few years back affect my current visa application?
Am trying to apply as a dependent
Dee says
Hello sir..I had a tourist visa rejection in 2018 or 2019. And now I want to apply as a dependent with my husband who is applying for his student visa..will my previous refusal affect my current application?
Dora says
Hello sir,
My case is that I am holding a student visa in Australia now, but before applying for the student visa, I applied for the tourist visa on last November as I am not sure if the border will open to tourists first. If the border opens to tourists first, I then have a chance to travel before deciding my study journey here. While later it turns out that border opens to students first, so I applied for the student visa and came to Australia to study now. But I forgot to withdraw my visitor visa application and I received the refusal of my visitor visa this month, 9 months after I submitted the application form, saying that I don’t work in my previous company any more and they are suspicious if I will return to my home country or not after the travel. But the reason I resigned from my previous company is that I decided to study in Australia. When I applied for the tourist visa, I did provide all correct information.
So my enquiry here is that how can I withdraw my visitor visa application as I don’t want to have this refusal record in my profile. I googled around, such refusal record will impact my applications towards other countries.
Please help to advise what can I do with this case, do I need an appeal process?
Thank you in advance.
Regards,
Dora
JABY says
Hi Sir, I applied for a Visitor (Sub 600) visa in June month. But I get a refusal letter 3 days before the reason as follows.
“” The applicant’s claims
The applicant has applied for the grant of a Visitor visa (subclass 600) to visit Australia for a
temporary stay.
Information and evidence considered
I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my
decision, I have considered the following:
● relevant legislation contained in the Migration Act and Migration Regulations 1994
● information contained in the Department’s Procedural Instructions
● documents and information provided by the applicant(s)
● relevant information held on Departmental files.””
So I want to know if can I apply again for a Visitor visa this year or if can I apply for a student visa.
Himani Sharma says
Hello Sir, I am very depressed and asking this question. I got married to an Australian Citizen in Feb’22 and applied for tourist visa 600 family stram in March’22 but got refused in May’22 and after waiting for more than 2 months my husband again applied tourist visa subclass 600(family stream) from australia in Mid July’22 and side by side applied spouse visa 309 application but this time also my tourist visa got refused yesterday..I just want to know should I apply for tourist visa again which give result within 48hrs or what else I can do. The main reason mentioned in both refusal was that my economic circumstances does not satisfy them that I will return to India. Please tell me what I can do now…should I try to re-apply one last time or not ???
Sai says
Hi sir
On 17th of August 2022
I got a visa refusal to my offshore subclass 485 post study work visa application
And they stated reason behind as;
As my application was lodged on or after 21 September 2021 will need to demonstrate having
completed an eligible qualification in the period of 6 months immediately before the day
the application was made.
Applications lodged on or after 21 September 2021 cannot be
considered eligible for qualifications completed 12 months immediately before the day the
application was made as they were not prevented from lodging their application within 6
months of completing their course. The applicant was not eligible to satisfy the Australian Study requirement in the period of 12 months immediately before the day the application was
made.
Review rights
There is no right of merits review for this decision.
Im trying 😪 explain every consultancy about my visa refusal
Actually no one is caring about me and no one is helping
Please try to understand my problem
Let me know if there is anything i can do.
Thank you sir
Hitesh says
Hlo Sir I went australia in 2018 for 3 months and came back to my home country and now I applied for vistor visa in 2022 and i got rejected recently and now i am thinking to apply for student visa postgraduate no gap what are the chances?
Nilesh Nandan says
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. This is an absolutely impossible question to answer. No one can say With any certainty the chances given the information you have provided. Every case is different.
2. First you applied for a visitor Visa and now you’re applying for a student Visa. This is not as preferable as you having applied for a student Visa from the very outset?
3. When you do apply for a student Visa you will need to prove that you are in fact a genuine student as well as being a genuine temporary entrant meaning that you are only intending to come to Australia for a finite and temporary period of residence. Be careful because this is the most common basis on which an application for a student Visa is refused.
*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
Ramneek Kaur says
Hi sir,
I recently faced refusal from australia on 11june 2022 (visa subclass 500.212) and now i want to reapply again for australia. Is it possible to reapply for australia.
Nilesh Nandan says
*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 reply.
2. As you have a refusal you need to be extra careful to make sure you cover the role of an criteria for the grant of the next Visa you wish to apply for.
3. I cannot determine where you are from or what visit you hold if any but you should be aware a different risk profiles apply just different nationalities. Whilst there is real little evidence of this all knowledge meant of this I believe that there must be some protocol by which nationals of certain countries are particularly advantaged or disadvantaged by the Australian government in order to bring them about a migration outcome.
Kushneet says
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?
Iak says
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
Nilesh Nandan says
*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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Immigration Lawyer | Special Counsel
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Ramesh sharma says
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.
Nilesh Nandan says
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.
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Immigration Lawyer | Special Counsel
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Johnny Torres says
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.
Ramneet Kaur says
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?
Nilesh Nandan says
*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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Immigration Lawyer | Special Counsel
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Gurpinder singh says
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?
Hitesh says
I got rejected same reason sir can you give me your instagram id so we can talk please
Nilesh Nandan says
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Roshan Palikhe says
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
Roshan Palikhe says
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
Shering says
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 😂
Rebecca Waugh says
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
Nilesh Nandan says
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.
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Bismitha Hussain says
Hi, I have recently done my medical assessment as part of my Post graduate work visa 485. We are a couple with a child aged 3 years old. My daughter has a speech delay and the doctor noted about her speech delay in her medical assessment with Bupa. Is it going to be an issue for our visa? Is it going to be a reason for refusing our visa?
Nilesh Nandan says
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. 485 has no health waiver. You’ll need to get lots of evidence that the health criteria is in fact met. Eg prove no undue cost or prejudice.
2. You’ll need to meet the health criteria as there is no scope for waiver.
3. If one family member fails the health criteria, all will fail and the visa will be refused for all.
*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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Immigration Lawyer | Special Counsel
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Manatu says
Hi if i had 461 Visa justgot refused , can i still able to apply for 189 Visa New Zealand stream onshore as a dependent applicant? Please
Nilesh Nandan says
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. No. Because you are caught by the operation of section 48 of the migration act. A 189 Visa is not permitted if you are the holder of a bridging Visa at the present time.
2. Did you appeal the 461 Refusal? Make sure you do not miss any deadline.
3. If you hold a Bridging Visa “B” Class (Subclass 020) to exit Australia for a short period, you might consider making a 189 application from outside of Australia.
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Immigration Lawyer | Special Counsel
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shashi vithanage says
Hellow sir!
I have applied a visitor visa 600 ( tourist stream) on last may. Today i received the rejection mentioning like i don’t have enough bond to come back to my home country sri lanka. my husband is a Australian citizen also our partner visa also on processing. We have provided all the supportive documents as well but without my financial status in sri lanka. Can we reapply again by providing that documents?
Thank you
Nilesh Nandan says
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 had lodged your application for a partner Visa inside Australia there might be scope to lodge an application for a bridging Visa in association with that onshore application.
2. If the application you lodged was made offshore then no bridging Visa in association with that application as possible and you will need to consider getting a bridging visa in association with your application for review at the tribunal in respect of the decision to refuse your visitor Visa, assuming of course that you are inside Australia at the time of decision and the time of application to the tribunal.
3. If you want to invest a duplicate amount in terms of the partner Visa application fee then you should also explore the scope for making an application inside Australia for a partner Visa which does not prejudice your previous application for a partner Visa assuming the previous application was made while you were outside Australia.
*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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Immigration Lawyer | Special Counsel
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Ramneet Kaur says
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. Also, should I apply alone or for both?
Taranvir Singh Jagdio says
Hlo sir my student visa of australia has been refused last week . They put this reason that you are going to settle over there . Please tell me can I reapply for australia and if I can then in which visa I can apply
Nilesh Nandan says
*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 reapply whilst you are overseas.
2. You will need to make a stronger application addressing the reasons for refusal provided to you in the decision record you must’ve received.
3. You can reapply immediately and make the same application you made on the previous occasion ie. subclass 500 Student visa.
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Nilesh Nandan
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Immigration Lawyer | Special Counsel
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1300558472
Lechii says
Hello, I was denied tourist visa and now I m going to apply student visa . Is it important to declare refusal?
Nilesh Nandan says
*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. Are you nuts? Of course you must disclose your prior Visa refusal!
2. Did you lie in your previous visa application? If you did then you need to get some advice about this issue as the new application will be compared with the old application in terms of the information provided then and now.
3. There is a real risk that your next application for a student Visa will have challenges given the refusal of the visitor visa so make sure that you address all the issues pertaining to being a genuine temporary entrant thoroughly.
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Immigration Lawyer | Special Counsel
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Derek says
Hi, I had recently applied ETA 601 visa but was rejected twice ( for not meeting the genuine temporary entrant), I had previously studied in Australia for over two years, my purpose of entry is to attend my upcoming university graduation (a highly reputable university in Melb) and a short trip with my family members. I had attached documents in addition to passport and ID as below:
-3 months bank statements (about $70k AUD funding from parents)
-Financial sponsorship declaration letter
– Graduation letter issued by Uni
– Proof of course qualification document
– Copy of Employment offer letter in my home country
– Birth certificate ( showing ties to home country)
– Itinerary plan/list
– Form 1554 ( Showing that I will be staying over a friend house)
– Cover letter demonstrating my intention of travelling to Australia.
Note: I have never had any misconduct or convictions in Australia, or breached the conditions of student visa during the time, or any outstanding tax balance.
Given this circumstance, would you recommend re apply again, if yes, what other documents should I present to corroborate my purpose of travelling to Australia.
Nilesh Nandan says
*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. It is realistically quite difficult to recover after two visa refusals for the same class of visa and within a short period of time.
2. I feel the pain and frustration you must have for not being able to return to Australia after having spent so much money in your education here, in order to attend your graduation ceremony. Whilst I don’t want to tell you how to suck eggs, you should’ve given thought to making an application inside of Australia after you finished studying so that whether or not that application was approved you would’ve had a basis for staying in Australia until your graduation. Of course, we can not go back in time.
3. While you have shared with me an extensive list of materials you have previously provided or propose to provide, it is not the purpose of this post to determine what else might be necessary in relation to your particular application. You may have different circumstances and a different profile to the next applicant and the question of what else could be provided in terms of documents or arguments is very much dependent on who you are and what you’ve done in the past.
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Bikram says
Sir i got rejected beacuse of immigration act beacuse i had 4 years study gap which became the reason of my visa denial. Why is it thet you are saying i will get refused again if my sister is going to post an application there that she wants to see her brother beacuse its been 2 years and wants to celebrate bhai duj which is one of the biggest festival of Nepal
Nilesh Nandan says
I’ve already answered this question.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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1300558472
Anson Kyle Tanumtanum says
Hi. My Visa Application for subclass 101 was refused last November 2020 because we didn’t able to provide a DNA sample in the deadline provided by home affairs because we didn’t notice the email they’ve sent to us. We appeal for a tribunal review last January 2021. Last April 2022, we got an email from AAT giving us an opportunity to provide DNA sample, we accomplished the DNA sample last May and I match the result with my father you is currently a permanent resident in Australia. It’s been two months already after we accomplished the DNA sample, just wanna ask if I still have a high chance to get and approve a PR visa?
Bikram says
Sir i got my student visa reject a month ago and now my sister who is in Australia but isnt a PR holder is going to call me for Bhai Duj festival. What are you views on it and what are the chances of my visa getting approved as i have show that i have enrolled in a college in my home town and have proper bank statement and business properties.
Nilesh Nandan says
I think you are dreaming.
You need to understand the refusal of the student visa and address that issue first.
An application for a visitor visa now will get refused and then you’ll have two refusals without much hope then of getting any future visa for Australia!
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Crystal says
Hi, I was denied a tourist visa (600) on grounds of not having ties back home, no travel history and no properties listed; this is despite being invited by my fiancé and we stated this and provided all necessary documents. However, the agent that lodged the visa for me made the mistake of not including my parents or (any) of my siblings here in my home country on grounds that it is not necessary since its just visitors visa. Now my question is, how possible is it that can I apply for a new tourist visa and list my parents and siblings, will the initial error affect me this time? If I make a tourist trip to another country before the application will it be recognised? How soon can I apply again for another visa to Australia?
Nilesh Nandan says
Here are my answers:
“How possible is it that can I apply for a new tourist visa and list my parents and siblings”
Very possible. You should do this immediately. You should also consider whether or not the correct application is a visitor Visa. Your fiancé is an Australian citizen or permanent resident in the correct application might be a prospective marriage Visa rather than a visitor Visa.
“will the initial error affect me this time?”
No. I think the application was refused for a range of reasons whether or not stated in the discussion record. It is not possible to blame the agent for the outcome without seeing the entire application made. Certainly having a Visa refusal and then lodging a new Visa application does mean that any new application will suffer a heightened level of scrutiny by departmental case officers.
“If I make a tourist trip to another country before the application will it be recognised?”
This is a great suggestion. Travel to another country and return back to your home country could suggest a history of immigration compliance whoever this might not necessarily be conclusive on its own.
“How soon can I apply again for another visa to Australia?”
Immediately there is no waiting period. The answer to this question would be different if the Refusal was based on public interest criteria 4020.
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Immigration Lawyer | Special Counsel
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Georgia says
Hi there,
Really useful article. I’m looking to apply for a e-visitor visa but am concerned it could be rejected and then affect future visas. I have previously been on a 482 that ended in March, I then applied for a tourist visa in Australia (600). I went onto bridging visa C because it was a few days after my 482 expired. I then left Australia whilst on the BVC and am now in the UK. If the e-visitor visa gets rejected could that affect future visa applications?
Nilesh Nandan says
Hi Georgia
The first issue which comes to mind is whether or not you are affected by any special return criteria. This is a unfortunate way of referring to a ban on exclusion period. If you applied for the 600 Visa only a few days after the expiry of your 482 Visa then I can see their issue with any ban or exclusion period. But this is my first question any time somebody leaves Australia as a hold of Bridging Visa “C” Class (Subclass 030) or Bridging Visa “E” Class (Subclass 050).
The second issue is whether or not the Visa you propose to make now is the appropriate Visa. I’m assuming that it is and that in particular you want to return to Australia as a visitor only. It is not uncommon for Visa holders to have one intention when applying for the visitor Visa and then changing that intention after arrival into Australia.
Finally your question asks whether or not any refusal with affect any future application. To this I answer yes. I decisionmaker looking at any application will indeed consider the fact that a previous application had been made and the previous application had been declined. Having said this you should be brave! You do need to lodge something and he will have paralysis without action. I would lodge!
I trust this answers all of the questions raised by your question. I hope that you have no issues in seeking re-entry and I’m sure things will work out just fine.
*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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Immigration Lawyer | Special Counsel
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Shakuntla devi says
My partner visa was refused just because me and my husband had small wedding not showing many people and few other reasons.i also was hospitalized due to injury nearly a month by my self because i dont have any family members but still my application was not considered. What are the chances if i reapply and will get visa approved.i am getting depressed like hell.
Nilesh Nandan says
I’m very sorry to hear about your hospitalisation. Your question depends on a number of things and I recommend for this particular question what sort of questions that you book in a 10 minute chat with me to discuss properly. I will however try and then for some issues at this time. Firstly there is a different approach to be used of the Visa reviews was a partner Visa or whether in fact it was a dependent Visa by virtue of the fact that you were the partner of another applicant for a temporary Visa.
The second issue is was when did the refusal occur. This is important because you might have an appeal right. There are strict time deadlines for making an appeal against the refusal if an appeal right is available. Remember also that even if there is no rights of appeal to a tribunal there still might be an opportunity of making an application to a court for judicial review of the decision made by a decisionmaker.
Finally if it is the case that a fresh application is affordable for a partner Visa at this time, consideration should be given as to whether a fresh application should be lodged or whether some other steps like the registration of the relationship or marriage etc should be perfected before any proposed Visa lodgement. Once again I think the circumstances you have raised a little complex to resolve in this forum properly mould recommend that you get some advice before taking your next step.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
*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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Immigration Lawyer | Special Counsel
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Rachel says
Hi, I’m Canadian and I already had a working holiday visa in 2015 (can’t remember the one but I didn’t complete my rural/regional work). I’m hoping to move back to Aus with my boyfriend in about 1.5 years, what would be my options? Is there another working holiday visa I can get, or would I have to go through the PR pathway?
Cheers
Nilesh Nandan says
Hi Rachel I think you might have been on the subclass 417 Visa but you will need to check this and investigate whether you are eligible for another 417 Visa.
The most common option is to return on a student Visa or a work visit if you are coming back as a temporary entrant.
Of course you could come back on a visitor Visa but the problem with that is all you will not have any work rights.
Do you have Notprovided in information about your partner but you must investigate whether you can simply jump on as a dependent applicant to any these replication that he wishes to make in the case of a temporary Visa. It is not clear whether he is in fact in Australian permanent resident or an Australian citizen in which case he could sponsor you for Partner Visa (Temporary) Subclass 820.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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Susan says
Hi there,
I’m Australian but my Canadian partner has an outstanding lodgement with the ATO from his time there a few years back on a working holiday permit. He hasn’t lodged the return and there’s no current debt on his ATO account (but there will be once he lodges).
– Will his visa get rejected if he has one unlodged return but no payable amounts yet?
– How long do Canadians usually wait for the approval of a tourist visa 600?
We have flights to go in November so I’d like to get this sorted.
Nilesh Nandan says
Hi Susan
Thank you for a very simple set of questions. I appear to have all the information I need to give you some guidance. Mostly I get questions without enough information so thank you!
In answer to your first question I don’t expect any problems if the tax return is not lodged at the present time. In relation to your second question please refer to the following link regularly as the processing times do get updated by the department on a regular basis.
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
*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
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1300558472
Frank says
Hello,
I am on Entertainment visa subclass 408 and it has 14 days left to expire.
Can I apply for onshore student visa?
What are the chances of getting the student visa?
Nilesh Nandan says
Frank
*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.
I’m not aware of any impediment for you lodging a student Visa provided you the other holder of a substantive Visa. Of course you will need to have a statement of purpose that is satisfactory as well as convince of decision-making that you are a genuine temporary entrant. It is necessary to obtain a confirmation of enrolment And submit this at the time of lodging a student Visa application. You should also be aware of the obligation to provide satisfactory information in relation to your finances proposed to support your application and stay in Australia as a student. Your immigration history will also be relevant.
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DIAMOND says
My medical treatment visa application was refused because of insufficient funds to take care of my medical expenses.
Reasons I have assessed the application and the reasons for my decision are detailed below. A valid application for a Medical Treatment visa has been made by the applicant. A visa cannot be granted unless the relevant criteria set out in the Migration Act and the Migration Regulations are satisfied..
In this case, I am not satisfied that clause 602.216 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: 602.216 (1) The applicant has: (a) (b) adequate means to support himself or herself; or access to adequate means to support himself or herself; during the period of the applicant’s intended stay in Australia. (2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant. Clause 602.216 in Schedule 2 of the Migration Regulations is a criterion that must be satisfied. It states that the requirements of either subclauses (1)(a) or (1)(b) must be met in order for a visa to be granted.
The applicant provided bank statements from a sponsor for the applicant’s medical treatment. The applicant required AUD 15 500 for his appointment and surgery at Sydney Retina Clinic and also sufficient funds to support his one month stay in Australia. It is noted that the balance on the bank statement of the sponsor drops to low amounts and then a large deposit was made. There is no proof of the source of the deposit or that the level of funds will be maintained. I am not satisfied that the applicant will have access to Access to adequate means to cover the costs of the treatment in Australia and to support period of stay in Australia.
CAN I REAPPLY?
Nilesh Nandan says
Use this link to book your consultation with me: https://myvisa.com.au/consultation/
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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Jessica says
We applied tourist visa of our parents but its denied because they will not accepted the spon son in law? There’s any chance can appeal this one? Thank you
Nilesh Nandan says
Thank you very much for this question.
*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.
Have you considered lodging a fresh application with the correct sponsor nominated as the sponsor in the new application?
I think lodging a fresh application in the circumstances would be preferable to lodging any appeal.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Nirzor Chowdhury says
My visa has beed refused few days ago. And they said they cannot consider my visa application any further. Can i apply for visa again? How many days i have to wait for new visa submission?
Nilesh Nandan says
If you are overseas and you have applied for a visitor Visa or a student Visa then it is likely that you will not have any appeal rights and you can immediately reapply. If however you are inside Australia then it is likely that your refusal will prohibit you from making most other Visa applications whilst you are inside Australia, although a limited number of visas can be applied for whilst inside Australia. Note that you may have a right of appeal to the tribunal and usually if you are in Australia at the time of decision then you will have a window of 21 days in which to make an application for review to the tribunal.
This is the case we should get some specific advice particularly if you are inside Australia at the present time.
I hope this helps!
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Nilesh Nandan
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Immigration Lawyer | Special Counsel
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Ma Elisa Abrigana says
Hello..my visa application for tourist were denied due to my status as unemployed….they think i might not comehome …i didnt give assurance on my application that i have my 91years old mother here in philippines to be care of…..can i have appeal for it?
Nilesh Nandan says
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You can only appeal a sponsored family visitor Visa. If it is simply a visitor Visa without any sponsorship and your overseas then there is no appeal right. It is not such a big problem because nothing is stopping you from making a fresh application providing the complete and correct information. Please be aware that having a grandmother you’re taking care of is not conclusive evidence that you will go back to the Philippines. I expect that you may have other challenges in proving that you are a genuine temporary entrant. Each case is different.
I do wish you the very best with the next application.
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Marco says
Hi,
I got my SECOND WORKING HOLIDAY VISA refused becouse the payslips and other documents I used to apply for weren’t in the right format to prove the job I did.
Can I apply again with new proper documents?
Thank you.
Nilesh Nandan says
*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.
Two thoughts immediately come to my mind.
Firstly whether or not you provided for some misleading information in relation to the first application in which case you might suffer an exclusion period because of the operation of what is called PIC 4020.
The second thing that comes to mind is that you might be prohibited from making a further application for this type of Visa in Australia if you are caught by the operation of section 48 of the migration act. Do you hold a substantive Visa now or a bridging Visa? If you hold a bridging Visa now then you’re not able to lodge any fresh application for a work and holiday Visa in Australia. Of course are the eligibility criteria for a second 417 Visa will need to be met.
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Luna Sowata says
Hi my visa is on appeal at the moment. But my Employer is willing to sponsor me, is possible if I apply for other visa while on appeal
Nilesh Nandan says
*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.
The answer is no unless you hold a substantive Visa. I expect that you hold of Visa in association with the appeal that you have lodged. This means you will need to go offshore to make any application for a subclass 482 Visa. There is one possibility and that is lodging an application for a subclass 494 Visa. Note that also 491 Visa and 190 visas are now possible to be applied for inside Australia even though you hold a bridging Visa only and you have been refused or have had a Visa cancelled since last entry Australia. This is known as the section 48 problem.
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aryan dev says
Hi SIR,
My student visa got rejected and I don’t have any gap, i want to reapply again so what are the chances of getting visa.
Nilesh Nandan says
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Unfortunately I do not understand your question. Is it just me or have I missed crucial information?
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Rojan says
Hlo sir, my 485 visa got rejected today and the reason mentioned was due to not providing the pte result. I booked my pte exam before lockdown and it was cancelled because of lockdown. While my agent applied for 485 visa he didnot upload the pte cancelled mail. Is there any alternatives or solutions to it
Nilesh Nandan says
*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.
This is a similar problem that comes up quite a bit and has some pretty tragic consequences.
You should booking to discuss your matter urgently with a suitably qualified professional.
X10
K.Anoma Jayanthi de Silva says
Dear sir.Please help me to get my partner visa refusal letter.I got picture ID card and tax file number.During pandemic I had money problem and I thought if I got corrona I have no Medical facilities.Before I leave I couldn’t contact immigration consultor.i came to Sri lanka.silvaanne775@gmail.com.So many people
Nilesh Nandan says
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Sameer says
Hlo sir! My Australian student visa was recently refused by migration act 500.212 can I reapply again?
Nilesh Nandan says
*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 reapply.
2. Be sure to address the issues raised in the decision record sent to you with your notification of refusal of your earlier application.
3. There is no specific time period that you must wait before making the next application.
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Immigration Lawyer | Special Counsel
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Robert Kumar says
Hi, I am holding a BVE (Subclass 050) and can I apply for temporary shortage skills visa 482 or the like? My employer is ready to sponsor.
Nilesh Nandan says
Thank you very much for your question.
I am intrigued by the fact that you hold a bridging Visa E. This is likely because you have had a Visa cancellation in the past or you might have been unlawfully present in Australia in the past. Could you please detail your circumstances?
I would take particular note of the section 48 problem and also take particular note of the requirements for a subclass 482 in terms of these is required to be held at the time of application for d subclass 482.
It is highly likely that you might be required to go overseas in order to lodge your 402 application although the sponsorship and nomination for this application might be able to be lodged while you are still inside Australia.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Priscilla says
I applied for a student visa class 500 with my husband and I was granted and he was refused because he unintentionally forgot to declare a visa refusal from 2015.
We are not yet in Australia as I hate to travel without him.
Is it advisable for him to reapply immediately with all the necessary documents even from the last visa refusal?
Sara perera says
Hi sir,
I want to apply for a visitor visa for my parents to come for my graduation in Australia. But my parents have a student visa rejection (due to lack of funds shown) dating back to 2005, which is 17 years ago. But we don’t have any information regarding this visa rejection, and the agent that did the application is not to be found. So just wondering whether we must disclose this rejection in the visa application or is it alright not to considering it is more than 15years ago. Thank you your reply is highly appreciated.
Nicole Johnson says
Hi, my partner has been refused a working visa due to being in jail a total of 1 year and 12 days due to drink driving. Had he of only had the 1 year he’d of been ok.
Suggestions on what he can do, to hopefully get approved next application. I’m an Australia citizen, he is New Zealander. Please help, I need him back here with me 🙁
Rikita says
Hlw sir, yesterday I got my student visa (subclass 500) rejected and the reason was Migration act 1994. So, I want to know whether I can reapply or not. And what are the visa chances?
Rikita says
Sorry there was the mistake. It was under section 65 of the Migration act 1958.
Arjun says
Hi sir ,
I had my student visa extension refused on july 1st . I lodged my visa on 23 march 2022 ,Reason for visa refusal was financial criteria was not satisfied on my application , my migration agent didnt attach any bank balance statement and balance certificate they never ask and remind me to give this which cause refusal. All i want to know is i am finishing my course on 14 july am i eligible to apply for TR or i have to apply for AAT ? Please give me some idea so i can stay in australia . My workplace was ready to sponsor me and i was nearly ready for my skill assement . I have certificates of my course am i eligible for TR?
Thanks looking for your advice
Natnicha says
Hello Sir,
My 485 visa got refused in 2019 and the AAT affirmed the decision already in 2022. Currently, I’m outside Australia. My question is is it possible for me to apply for 485 visa again in the future if I go back to Australia and finish my future study (Master Degree for example) ? Or if I apply for 491 visa(offshore), will my 485 visa refusal affect my chances of a visa grant?
Neo Poey Ching says
I had applied for ETA 601 visa and was rejected on the basis that the reviewer is not been convinced that I am coming to Australia as a tourist. As the Itinerary for the trip is only conceptual up till today such as driving around and staying in AirBnB. Can I reapply with more supporting documents such as 2-way air tickets, which I had neglected in my application?
Parab says
Hey do you have your refusal letter
Ravi says
Can I apply for 494 Visa from offshore if I had previous visa refusal in the past onshore and I also lost a MRT appeal onshore in the past?
Yojen says
My visa got refused because of Migration Regulations 1994. Should I apply or lodge a visa again quick??
Tulgy says
My brother’s ( offshore) student /elicos/ visa has been refused. The reason is Not satisfied that the applicant intends genuinely to stay temporarily in Australia. Is there any chance more if he write more convincing GTE? Or he should choose english course plus diploma course?
Satnam singh says
My name is satnam singh. I got study visa refusal on june 2021 from Australia . I am senior secondary passout.2019. Then i applied for canda study visa . Now i am in Canada . My one sem is done and second is going on . I wants to apply canada to Australia tourist visa. I have relative over there. Is it possible to apply canada to Australia tourist visa after one study refusal from Australia . And guide me best way for apply
Preet says
Bro, i also got refusal of Australian student visa, now thinking about canada but, my relatives are in Australia so, that’s why, is this possible to go to Australia after completing 2 semester in Canada??
Sarina Sunuwar says
Hello sir, I recently got refused for the visa subclass 500. My agent has given me the advice to re-apply for the same visa application within 21 days. And the reason for my visa refusal was quite disappointing and dissatisfying because the cause was the migration act, even though I had given strong and satisfying answers/reasons for having the intention to return to my home country.
Could you please help/suggest me how should I re-apply and how should I clarify my reasons for the visa re-apply even after the visa refusal ?
Sarin Sunuwar says
Hello sir, I recently got refused for the visa subclass 500. My agent has given me the advice to re-apply for the same visa application within 21 days. And the reason for my visa refusal was quite disappointing and dissatisfying because the cause was the migration act, even though I had given strong and satisfying answers/reasons for having the intention to return to my home country.
Could you please help/suggest me how should I re-apply and how should I clarify my reasons for the visa re-apply even after the visa refusal ?
Aj says
Hi , I completed masters and finished my TR , then i have applied for student visa then it got resfusal, i have applied for AAT , mean time i have travlled to home country then pandemic has begin, there was hearing 2020 june which is negitive . What are the options i have to enter the country again .. please respond
Tejwinder Singh says
Hi Nilesh,
My friend’s cousin applied her Visitor (Sponsored Family Visa Subclass 600 visa) but it got refused as CO mentioned that Cousin cannot sponsor her.
After how long can we apply again after the refusal ?
Can she apply for tourist visa for herself or should we ask her cousin to apply on her behalf but only tourist not sponsored visa?
Please help.
Xechung lama says
Plz reply me as soon as possible.
Xechung lama says
Hey I just got my visa refusal for sub 600, now can I apply for student visa??
Shane Miles says
Hello. I have invited a friend to visit Australia. I have guaranteed all costs. His visa was refused on two grounds. 1. He did not show he had enough funding, and 2. He did not show reasons that he would return to Indonesia at the end of his trip. He has traveled to Australia 5 or 6 times already, and has always complied with his visa conditions, leaving on time or earlier. We are applying again, and have written a statement addressing the concerns. Where do we attach the statement in this new application. Are we doing the right thing?
Jabin says
Did the tourist visa(600) refusal will affect the application of Subsequent 485 visa application? Thanks a lot in advance
Steve says
If my protection Visa been refused and I made an Appeal, then withdraw the application and left Australia, am I able to apply for Student Visa in Australia?
Nilesh Nandan says
Hi Steve
I see my question is that you wish to apply whilst outside of Australia for a student Visa to come to Australia to study.
If this indeed is the correct question in the answer to this is yes. You can apply for a student Visa whilst outside of Australia in the circumstances.
Another question which you must turn your mind to is whether or not your student Visa has any prospects for success. In circumstances where you have lodged a protection Visa but you have then seen the light and withdrawn that application and there may be a basis for you to argue but not with standing the lodgement of a protection Visa, your circumstances are such that you are in fact a genuine temporary entrance and that you otherwise meet all of the other criteria required to be met in order to be granted a student Visa to return to Australia.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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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Reza Essari says
Hello Sir,
My agent mistakenly lodged my 482 visa application with an expired ACS skill assessment and this assessment was not mandatory at all for this type of visa lodgement.
Is it possible to reassess an assessment by case officer or case officer will reject my visa?
Best Regards,
Nilesh Nandan says
Reza
Unfortunately it is not possible to take back something from the Department after you have provided it to them.
This means that you cannot take back your expired ACS skills assessment. Let me proceed on the basis that there is no false or misleading information or bogus element to that skills assessment…
If you apply for a further ACS skills assessment, be very careful to ensure that consistent supporting materials are provided. IMMIGRATION is likely to compare the two skills assessments and if you are seeking to provide alternative reference letters (for example) then this is likely to be very problematic for you. It would be a case of providing inconsistent information and you might expose your application to a pic 4020 issue and the resulting exclusive period and refusal.
Given your question I cannot see why they would reject your application solely for the reason that you have provided an expired skills assessment in circumstances where a skilled assessment is not a mandatory requirement. What I would expect a reasonable Case Officer to do is to request from you an updated skills assessment if indeed the case officer wishes to exercise their personal discretion to request a skills assessment.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
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Assuming that the only issue with your previous ACS skills assessment certificate is that it is outdated then obtaining a fresh a C a skills assessment makes perfect sense to me.
Given that the skills assessment is indicated by you to be something which is not mandatory then it could well be that the department Case Officer is not at all concerned that a new phone expires I see a skills assessment is provided.
Raka says
Hi Nilesh,
My mother’s tourist visa got rejected because she left australia on bridging visa A. Will this affect future visa processing if we reapply?
Beena says
Hi Nilesh
I applied a sponsor 600 visa for my in laws but got rejected stating in law relationship is not immediate and is not eligible to apply for this visa.
My question is:
Can we reuse the same medical and biometrics? If yes how?
Faizan Naseem says
Dear Sir,
My name is Faizan Naseem. I need to ask would I be able to apply again for visa subclass 491?
I was invited for subclass 491 from Tasmania and I applied for visa 491 while being offshore because I was unable to lodge visa application due to AAT/Federal Review. My visa subclass 491 got refused because I was not holding a valid skill assessment at the time of invitation however I already had a valid skill assessment when I applied for state nomination because mean while waiting for nomination it got expired and I applied for a renewal.
The second thing I want to ask is that I applied for AAT/Federal Review because previously my student visa was refused. So when I got invited for visa subclass 491 and I moved overseas to apply for visa application for visa subclass 491, I withdraw my application from AAT/Federal Review.
I want to ask that if I get invited again for visa subclass 491, would this thing affect my application? Because one of the condition for visa subclass 491 states that “Not have had a visa cancelled or a previous application refused”
I would highly appreciate for your reply.
Fayz says
Hi Nilesh,
I will be more than happy if you solve my query.
My wife visa has been refused twice and she has been banned for 3 years to provide a false information which was actually a mistake. Her 3 years ban is already completed on this year march and currently i am waiting for my 485 visa extension due to living and working in regional.
My company is going to sponsor me for 494 , would i be able to include her as family member in my 494 visa application?
Please note that i was not able to include her on 485 extension also due to error in immi account that “ Family member is not eligible to apply for this visa, please remove the applicant to process further”.
Both 485 visa and 494 visa’s have condition to not have previously visa cancelled or refused.
Please assist me with this.
Boparai Garry says
Can I apply for a 491 visa(offshore) if I have a visitor 600 (offshore) refusal? If yes, is there any negative impact on the 491 decision?
I did not yet apply for a visitor 600 visa but want to apply before July 2022. I just have concern that will there be any negative impact of 600 rejection if apply for 491 in July, because now I am not eligible for state nomination. but maybe I will be eligible after July.
Rashmi Mahajan says
I applied for tourist visa for 3 years for my parents.
My mother got visa approved but my father’s visa has been refused on medical grounds and advised to apply for shorter stay, then we requested for one year, even then it has been refused.
I have two brothers. My elder brother is in Vencouver and younger one is in Melbourne.
I am in Adelaide. So my parents are alone.
Is there any benefit if we appeal as we have 70 days time now to appeal.
Please advise
Friska says
Helo sir,
My visitors visa in got rejected in January, because I failed to provide them information that I’ll go back to my original country (return ticket) and at that time I just resigned from my job but I do have sufficient amount of money. So in June, I want to apply WHV, do you think my visa will got rejected again?
Friska says
Helo sir,
My visitors visa in got rejected in January, because I failed to provide them information that I’ll go back to my original country (return ticket) and at that time I just resigned from my job but I do have sufficient amount of money. So in June, I want to apply WHV, do you think my visa will got rejected again?
John says
Hi Nilesh!
I applied for visa 600 last January 2020 which was denied on Feb 2020 given the reason that clause 600.211 was not satisfied(genuinely, I was planning to visit and tour Australia that time). Currently, I have an employer who’s willing to sponsor me and will apply visa 482 soon as a Physio, can I ask if there’s still a chance for me to work in Australia given my refusal history? Is the chances of visa refusal for visa 482 high? (Im an offshore applicant)
RIYA says
My visa got refused because 600.211 clause was not satisfied. Will i be able to apply for tourist visa again, if so after how many days?
Is there possibility to get refund for the paid amount if visa gets refused?
Al says
Hi Sir, I got my Protection visa refused by Australian immigration and appealed to the tribunal. Is there a chance I can go back here in Australia if ever I got refused again? Thank you
Dipesh Bhandari says
Hello sir,
I just got visa refusal on 2022 ,Jan 21 from Australia High Comission.
So my question is this Can I re apply my visa.because it’s being more then 4 month.
By taking same course, in next clz but making some changes in financial documents and additional valid sponsored in that…
Give me genuine suggestions sir in Rply??
On the basic of this reason:
The applicant did not satisfy the provisions of the Migration Regulations 1994.
The attached decision record provides detailed information about this decision as it applies to
this applicant.
Review rights
There is no right of merits review for this decision.
Decision
As clause 500.212 is not met by the applicant, I find the criteria for the grant of a Student visa
are not met by the applicant. Therefore, I refuse the application by the applicant for a Student
visa.
Assessment against the criteria of other subclasses in class TU
As the application was not made on Form 157G (Application for a Student Guardian visa), I
have not considered the application against the subclass 590 Student Guardian visa criteria
Bunty says
Hi Nilesh
I have just applied for my mothers Australian short stay tourist visa.
Myself & my sister are citizens of Australia. My mother has visited my sister previously on tourist visa without any problem. My question is that, my mother’s USA tourist visa was refused few years back. The interviewer at the US embassy wanted more info on her partner. My mum said that they are still married but not living together, it’s complicated. The councillor wasn’t satisfied with that. So she reapplied after Few years and explained the situation again to the lady councillor this time and she understood. She was granted US tourist visa of ten years.
Now in the current Australian tourist visa application where it asks whether your visa has ever been cancelled or refused by Australia or any other country?.
We ticked YES & mentioned, my mum didn’t get the US tourist visa the first time & she applied again & got it the second time. Is this reason enough?.
Your quick reply back would be much appreciated.
Bunty.
Richard Hill says
My partner tried to get a tourist visa from Philippines and was refused as she didn’t have strong enough ties to return home in their opinion. If I apply for a fiancé visa will her original tourist visa refusal be taken against her when they consider it?
Hari says
hi sir,
I applied business visit visa in April and the same ejected the following reason
Having assessed their application I find that the date of the meeting has already passed, thus the stated travelling purpose no longer exists. At the time of this decision, the applicant has not provide updated information provided to demonstrate the purpose of the proposed trip to Australia. Therefore, I am not satisfied that the applicant has provided sufficient information to demonstrate incentives to depart Australia at the end of the trip.
Can you please advise i can get a refund and i can apply a fresh visa immediatly
Robbie says
Hello, I recently received a refusal notification for a 600 visa tourist stream right after I sent an update that I just resigned from my work last April 2022 but I submitted my application last Feb 2022, as if they waited for me to update them that I resigned from my work. Their reason was that I did not have work in my country hence I have “no significant economic ties to my country”, and saying that after considering my partner’s support, it still doesn’t suffice. My question is, can I apply for an appeal for this? I feel like they didn’t even check my other documents showing my investments and personal savings (which I can say is relatively subtantial). Thank you!
Robbie says
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Can I Apply For An Australian Visa After Refusal?
Nilesh Nandan · May 4, 2021
Home » Immigration Guides » Can I Apply For An Australian Visa After Refusal?
On This Page…
What To Expect?
The Reason Your Visa Was Refused Or Cancelled Is Important To Your Case
Take Action Immediately After Denial Whether You’re In Australia Or Offshore
Apply For A New Visa Or File An Appeal With The Department Of Immigration Or AAT
What If My Appeals Are Denied? Do I Have Any More Options To Re-Apply Or Appeal?
It Is Possible To Apply For An Australia Visa After Refusal – Or To Win Your Appeal!
What To Expect?
If you have recently been refused an Australian visa, you may not be sure what you can do to legally migrate and settle in Australia. Can you simply fill out another visa application for a different visa? Is it possible to appeal the denial of a student visa, work visa, or any other visa in Australia?
In this guide, we’ll discuss some of the basics about what you can do after your visa has been denied by the Department of Home Affairs. Let’s get started now.
The Reason Your Visa Was Refused Or Cancelled Is Important To Your Case
The circumstances of your case are what determine whether or not you can reapply after visa refusal or visa cancellation. Your visa application can be denied for a number of reasons, but most of them fall into the following two categories:
– Non-character-related refusal or cancellation – This is the most common type of visa refusal and cancellation. For example, if you unknowingly entered false information on your application, you may be denied – or if you did not meet the criteria required for a particular type of visa, it may be refused.
In most cases, this type of refusal or cancellation will not stop you from filing future applications, though there are some notable exceptions.
– Character-related refusal or cancellation – This type of cancellation is issued if you fail the “character test,” and is a more serious issue. Meeting the character test is provided for of the Migration Act of 1958.
Essentially, it allows the government to cancel or deny a visa to anyone with an extensive criminal record, has committed criminal offences, has broken Australian migration laws, or is otherwise somehow involved in criminal acts.
It is usually more difficult to appeal a refusal or cancellation based on character-related grounds, and this denial can result in your permanent exclusion from Australia. You will usually have difficulty in getting a bridging visa while any decision is pending.
Depending on the circumstances of your case and why you were denied, you may be able to make an appeal – or in some limited access, you may be able to file a new visa application.
For example, if you lost your employer sponsorship visa, you may be able to find a new employer in Australia, obtain sponsorship, and re-apply and gain approval for your new visa. The specifics of appealing or applying for a different visa will vary, depending on your case.
Note also that if you have had a visa application refused or been subject to a visa cancellation in the past, you will be required to declare this when you are applying for future visas with the Department of Home Affairs. This could affect your eligibility for future visas – but failing to disclose past visa refusal or cancellation entirely will usually result in the denial of your visa application.
Take Action Immediately After Denial Whether You’re In Australia Or Offshore
If your visa is cancelled and you are currently living in Australia, you’ll almost always need to apply for a BVE (Bridging Visa E) right away. This visa will give you time to make the arrangements for leaving Australia – or give you time to apply for a limited group of visas. The processing time for a BVE is very short, since it’s an emergency visa – if you don’t have any visa you’ll need to be detained. There is no filing fee for making a BVE application.
A BVE may also be issued if you plan to take your cancellation case to the Administrative Appeals Tribunal (AAT), which was formerly known as the Migration Review Tribunal (MRT), or if you are seeking ministerial intervention in your case after having been to the AAT.
If you are not living in Australia, you do not need to get a BVE visa. However, you should contact a registered migration agent or immigration lawyer right away to begin exploring your options for filing an appeal – or filling out and lodging a different type of visa application.
Apply For A New Visa Or File An Appeal With The Department Of Immigration Or AAT
The proper next step depends on the reason for your visa refusal or denial. In some cases, you may simply need to fill out a fresh (possibly different) type of visa application – and you may be approved.
However, in other cases, your best option may be to work with a migration agent or immigration later lawyer in Australia to appeal your case. Most visa types lodged onshore or if lodged offshore with a sponsorship or nomination involved will allow you to file an appeal with the Department of Immigration.
Filing an appeal in the case of a visa cancellation based on character, there might be an opportunity to have the cancellation decision revoked. This typically involves sending more information about your application to the Department of Home Affairs. Then, your application will be reviewed, and the person reviewing it will make a decision on whether or not your visa was cancelled in error or if there are other reasons why the cancellation decision should be reversed.
If you have applied for a visa in Australia and that visa application is refused then will you please have an opportunity to have that position reviewed via tribunal. You have one more chance to convince a decision maker that you meet the criteria to allow a visa to be granted to you. You might send an appeal to the Administrative Appeals Tribunal. Note that the AAT cannot grant visas. Instead, it will examine your case, and decide whether or not the criteria for granting a visa are satisfied.
Then, the AAT will either find in favour of the Department of Immigration and confirm its decision – or it will find that you did meet the criteria of the visa, and the Department of Immigration will then have to further consider your application with the findings of the AAT in mind. In most cases, this means that you will be approved for the visa.
What If My Appeals Are Denied? Do I Have Any More Options To Re-Apply Or Appeal?
Usually, there are two options. First, you can appeal for ministerial intervention – if your circumstances are very unique and exceptional, you may be able to get help directly from the Minister, but this happens quite rarely.
Another option is to work with an experienced migration agent to scrutinise the decision of the AAT, and identify legal errors that may invalidate the decision. This is an area in which MyVisa® Immigration Advisory specialises. If it can be argued that the AAT decision was in error, a Federal Court Circuit judge may quash their decision – which means the tribunal will need to make another decision, but this time in accordance with law.
Our practice has had tremendous success in scrutinising decision making by members of the AAT review of finding an error in their decision-making process so that orders can be obtained from Federal Circuit Court judges which quash the AAT decision and order them to re-make a decision. This re-making of a decision is done by a fresh tribunal looking at all of the information about your case from the beginning.
It Is Possible To Apply For An Australia Visa After Refusal – Or To Win Your Appeal!
Your personal circumstances will dictate which option is best for you. In some cases, you may be able to legally immigrate by simply choosing a different type of Australian visa – but in others, you may need to appeal the decision of the Department of Home Affairs.
To find out which option is right for you, get in touch with Nilesh Nandan at MyVisa Immigration Advisory for a case review and discussion about your options. Together, we can determine the best path forward if you have been subjected to visa cancellation or refusal in Australia. Contact us online now to get started.
Immigration Guides
Reader Interactions
Comments
Lloyd says
May 23, 2022 at 2:00 pm
Hi Nilesh,
I have just received a Refusal Notification from Immigration because I sponsored my Mother-in-Law for Subclass 600. The findings was a Son-in-law cannot sponsor for tourist visa, it should have been my wife who should apply. Is it worth appealing or make a fresh application with my wife being the sponsor? Thanks in advance.
Lloyd
Reply
Nilesh Nandan says
May 24, 2022 at 4:00 pm
The answers to your question is to make a fresh application.
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.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review
Reply
Rey says
May 21, 2022 at 6:37 pm
Hi,
I recently got refused for 189 visa, would I still be able to apply for a 186 visa because it says on the criteria that I must not have any visa refusals? Thank you.
Reply
Nilesh Nandan says
May 21, 2022 at 7:36 pm
It depends.
Yes, if you hold a substantive visa.
No, if you don’t.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Reply
Anthony Donguya says
May 20, 2022 at 12:57 am
Hi Can I apply another visa like skilled independent visa after refusal?
Reply
Nilesh Nandan says
May 21, 2022 at 4:12 pm
Yes.
190.
491.
494.
Other criteria are required to be met too.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
Anthony, I rely on honest reviews. Could you please review this service?
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Reply
Akpede funmilayo says
May 23, 2022 at 8:37 pm
Pls is it possible to sue an education agent for negligence and errors leading to my visa refusal ?
Reply
Nilesh Nandan says
May 24, 2022 at 3:59 pm
The answer to your question is yes.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review
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.
Reply
Robbie says
June 1, 2022 at 1:19 am
Your comment is awaiting moderation.
Hello, I recently received a refusal notification for a 600 visa tourist stream right after I sent an update that I just resigned from my work last April 2022 but I submitted my application last Feb 2022, as if they waited for me to update them that I resigned from my work. Their reason was that I did not have work in my country hence I have “no significant economic ties to my country”, and saying that after considering my partner’s support, it still doesn’t suffice. My question is, can I apply for an appeal for this? I feel like they didn’t even check my other documents showing my investments and personal savings (which I can say is relatively subtantial). Thank you!
Ifti says
My ETA visa is refused. can i make an appeal for that type of visa? Or i need to make a new ETA visa application?
Diana says
Hi there,
My partner is bulgarian and he applied for an eVisa.
He has been unemployed for only 2 months and has sufficient funds to support himself during his visit.
He however made the mistake of selecting that I would support him- and i dont think the Department of Home affairs liked that, after he chose this option they didnt ask him for any proof of his funds. So they refused his visa on the grounds that they think he will stay and has no funds.
Can he reapply and this time select he will support himself and then attach his proof of funds? Is this the best way to go forward for his visa to hopefully be approved?
rajeev says
my friend visitor visa from nepal was rejected 2 Years ago.Can i reapply now.
Tristan says
Hi sir! How can I apply for a student visa after getting refused way back in 2013?
Or is it best if I apply for a new visa?
Amy says
Hi there! I recently had my subclass 801 residence visa (defacto) refused as a result of my ex partner contacting immigration right before I was due my PR and telling them we had broken up after an argument we had.
I had my TR granted back in 2018 and have been waiting for an answer since then. I am 6 months into my enrolled nurse degree and wondered if there’s a chance I can apply for a student visa to continue my studies whilst still in Australia after a visa has been refused?
Deepak Sharma says
Hi Nilesh
I applied for visitor visa twice, subclass 600, 3 years ago but they did not grant me, and both times the reason of refusal was, In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration Regulations is satisfied, you didn’t make us sure that you will come back to your home country. Even I had invitation letter from my friend who lives in perth Australia on PR. Kindly suggest me what should I do so that they will grant visa. Thanks
Lloyd says
Hi Nilesh,
I have just received a Refusal Notification from Immigration because I sponsored my Mother-in-Law for Subclass 600. The findings was a Son-in-law cannot sponsor for tourist visa, it should have been my wife who should apply. Is it worth appealing or make a fresh application with my wife being the sponsor? Thanks in advance.
Lloyd
Nilesh Nandan says
The answers to your question is to make a fresh application.
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.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review
Lloyd says
Thanks so much Nilesh, much appreciated. I will make a fresh application.
Kind Regards,
Lloyd
Mohammad wasif asmar says
Hi Sir/Mam
I mohammad wasif asmar.
My visa 485 got refused in 2018 because I was late to apply 485 within 6months. I appeal for MRT but I got decision in 2019 that they can’t give me 485 visa because I was late 22 days to apply for my TR. I lev the country within 28 days given time by court now am in India.
I can provide my refusal emails as well.
Is there any chances to apply any visa like visit visa 600 or 485 any other visa please suggest me. Am trying to get in country please help me by your advice.
Well by very much appreciated.
Rey says
Hi,
I recently got refused for 189 visa, would I still be able to apply for a 186 visa because it says on the criteria that I must not have any visa refusals? Thank you.
Nilesh Nandan says
It depends.
Yes, if you hold a substantive visa.
No, if you don’t.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Abdul khaliq rezai says
Hello sir
My application is refused Class XB humanitarian visa for afghan.
Is it possible to apply again because they said in the refusal letter there is no review rights and can not be reviewed by AAT?
Anthony Donguya says
Hi Can I apply another visa like skilled independent visa after refusal?
Nilesh Nandan says
Yes.
190.
491.
494.
Other criteria are required to be met too.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
Anthony, I rely on honest reviews. Could you please review this service?
https://search.google.com/local/writereview?placeid=ChIJkeLlu9W6MioRuQhOfXO6z4c&source=g.page.m.rc
Akpede funmilayo says
Pls is it possible to sue an education agent for negligence and errors leading to my visa refusal ?
Nilesh Nandan says
The answer to your question is yes.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review
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.
Robbie says
Hello, I recently received a refusal notification for a 600 visa tourist stream right after I sent an update that I just resigned from my work last April 2022 but I submitted my application last Feb 2022, as if they waited for me to update them that I resigned from my work. Their reason was that I did not have work in my country hence I have “no significant economic ties to my country”, and saying that after considering my partner’s support, it still doesn’t suffice. My question is, can I apply for an appeal for this? I feel like they didn’t even check my other documents showing my investments and personal savings (which I can say is relatively subtantial). Thank you!
Nilesh Nandan says
It all depends what visa you hold.
if you substantive visa hasn’t yet expired you can, otherwise you’ll typically be redirected to 190, 491 or 494 in terms of skilled migration options.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Harman says
Hii,
My 485 visa was refused recently because i was unable to provide a AFP Check on time. My previous AFP check had expired as my file took more than a year to open. Can I apply for an appeal? What are my chances of getting a positive outcome?
Thank you
Nilesh Nandan says
I’ll need to read the decision record carefully.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer | Special Counsel
MyVisa®
Vikanc says
Hello sir, my husband dependent visa got refused last year on gte basis. I am thinking to apply his tourist visa now. What are the chances of tourist visa grant.
Nilesh Nandan says
Seriously!
I have no idea. 😀
Every case is different and I can’t imagine the particular circumstances of original decision.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer | Special Counsel
MyVisa®
Shabana says
Hi Nilesh,
I am planning on applying for 190 or 491 skilled visa. I am an Enrolled nurse and satisfy the points. However, I am concerned whether my partner will be successful when applying as a secondary applicant. He had his sponsorship refused 3 times, has a fine with government which is in a payment plan and hold a bridging visa E. Do you think he will be successful? I will advised by another lawyer that he would but another said the opposite.
Many thanks.
Tan says
My V866 has been refused and I return to my country .
Can I apply for V600 to reenter Australia?
Thanks
Tan
Kamala says
My brother’s tourist visa got refused about 2 days ago on the act of migration.. how quickly or how long i have to wait to reapply tourist visa for him? is there any waiting period to apply again?
Harshpreet Singh says
Hi,
My name is Harshpreet, I applied for student visa for in University of Tasmania. I got refusal. For February intake. Can I reapply for student visa. If yes, Should I change the University? Or state.
Looking forward to hear back from you.
Thank you
Diamond charles says
Goodmorning sir,
I want to apply for a medical treatment visa to Australia, I havnt been refused an Australian visa application before, but I have been denied a US tourist visa with an old passport, and this my new passport is Virginia, does it require me to state that I have been refused a US visa before in the question below?
“Has the applicant ever had a visa for Australia or any other country refused or cancelled?”
Please help me to answer.
Jagruti says
Hi,
I have a question to ask you. My Sister-in-law’s student visa for Australia is refused and the reason is given that they think student and spouse might not return to home country after study. What is the next option to come to Australia in this circumstances? Please let me know.
MAC says
Hi Nilesh,
My wife and I are on a 485 visa with my wife as the primary applicant, We have also secured an employer sponsorship for a 482 visa as we just need to bridge a 6 month gap before we can apply through a direct entry stream. I have had an intervention order for family violence which was issued for 9 months with the only condition ‘ no family violence to be committed’ as the intensity was low I was allowed to go back to my family. I have never had any brushes with the law in my life before, not even a parking ticket. The intervention order has expired in Sept 2021 and I have also voluntarily completed a behavior management program, and taken other steps to manage stress and hypertension like meditation and exercise ( lost 35 Kgs too!), I have contributed towards community work as well and have proof of all my activities. Given your experience and the information I have provided where do you put my chances of getting my visa approved. Please note I am still the secondary applicant and my wife is a primary applicant on the employer sponsorship visa.
Emma says
Hello,
I just wanted to enquire about the offshore partner visa and to see if it would be worth applying for in our circumstances…
A little bit of background info: my name is Emma (Australian citizen & sponsor) my partner is Alex (British citizen) we are both currently living in London. – (we have been together for over 2 years now).
Alex has previously lived in Australia on working holiday visas, student visa etc but nearing the end of his time there he was refused a visitor (tourist) visa, because he didn’t provide a police check and then he overstayed when he was meant to leave and received a 3 year ban… (due to covid and lack/ cost of flights). Obviously this can make applying for a new visa difficult but is there a chance it will still be accepted or should we just not bother?
I look forward to hearing from you and potentially moving forward with our application for the partner visa.
Nilesh Nandan says
Hi Emma
Great question. Your partner is subject to a risk factor consideration.
This means that he’s normally not able to make an application successfully for a period of three years, without coming within a special exemption. The good news is that the risk factor does apply to temporary visas like student visas or Visitor Visa’s but does not apply in relation to any of your partner Visa.
I would certainly be taking steps now to make an application under the more favourable rules currently in place for Partner visas.
Nothing is preventing you from making the application now and your partner although he has been naughty he’s not disadvantaged in any material way in respect of any partner Visa permanent residence strategy.
*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
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
vicky says
Hello Sir,
I am onshore currently, I have moved to Australia in 2016 Feb to pursue my master’s, which I did, and later I was on TR for two years, but till then I had no luck with my PR invitation, so I had to apply for another visa diploma and when that expired i have applied for another visa based on the advanced diploma, and both times visa was granted with no issues, and still I don’t have any luck with my PR considering covid and everything. Will I get a visa refusal if I apply for another student visa considering I have already been on a student visa in the past for 4yrs and If I apply this time it’s going to be 4th time? Could you please advise me? I would really apprwaicte.
Thanks.
Nilesh Nandan says
Hi Vicky
I think you have been extremely fortunate in getting the Visa grants after having completed a masters degree and then having been granted a subclass 485 Visa.
Unfortunately I do see a very real risk of refusal on your next student Visa application.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
*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
Simrita Poonen says
Hello Sir,
My partner and I applied for a 485 visa but got refused because we applied through the wrong stream. We have appealed. I am now getting an offer to go in a remote area in Australia to get a DAMA sponsorship. Can I apply for DAMA sponsorship while my 485 visa has been refused? Do we have a scope of winning our case on the ground of human error? I have all my documents and experiences ready.
Nilesh Nandan says
Hi Simrita
Thank you very much for your question. I feel the pain you are suffering. It is not particularly clear which strain want to be applied for and the consequences of making a simple mistake at the very first stages of your application.
The bad news is that because of the operation of section 48 of the Migration Act, you are limited in terms of what application you can lodge inside Australia if you are not the holder of any substantive Visa and you have received the Refusal since last entering Australia. Whilst you are able to make an application for a subclass 491 Visa or a subclass 494 Visa or a subclass 190 Visa as well as potentially a partner Visa or a protection Visa or medical treatment Visa, Other visas are not possible without exiting in making an offshore application or until such time as you again hold of substantive Visa inside Australia.
*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.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Vincent Mirabito says
Hi. My girlfriend was denied a tourist visa to come to Australia.. Probably because she is in Taiwan at this time.. She is a Filipina working in Taiwan ..
I think it has something to do with her financial situation . I was going to look after all her expenses . Im not flying to Philippines to see her and I hope to get a prospective Marriage visa. will this help?
Nilesh Nandan says
It makes sense to lodge a more substantial application as I fear that the further visitor application would also be refused.
Do you have the option of lodging a partner Visa application or a prospective marriage Visa application depending on your circumstances. If you would like assistance in relation to each of these applications please contact me.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Soniya says
Hi
Here Soniya
I had lodge my 485 visa on 2020 but after I was pregnant so I was not done with my medical but ya my husband’s medical Document I was submitted, after baby born I was submitted my medical document on 2021 and AFP 2020. My question is, yesterday I received the mail from immigration department that was refused my file because of I was not submitted the AFP, but I did it on 2020. They required new one but I do not know that the AfP is valid upto 1 year. Can you please suggest me what the next steps? What can I do ?
Nilesh Nandan says
Firstly can I apologise for the lateness in responding to this rather urgent question. I hope that you have resolved the issue already but for the benefit of all other readers of this webpage I will answer your question.
Firstly if the 485 Visa application is refused then you will have very limited opportunities other than to make an application for review at the administrative appeals Tribunal. When you make such an application you would likely to receive a Bridging Visa “A” Class (Subclass 010) in association with that application. The application must be made within 21 days of the date of decision by the Case Officer.
At the time of application for a subclass 485 you will need to accompany the application with evidence that you have made application for an Australian Federal police clearance wall that you have in fact the certificate already provided by them and the certificate as one which is sufficiently fresh.
Where no evidence of a sufficiently fresh police clearance or the actual police clearance application is provided then you can expect a refusal and it can be extremely difficult to when any appeal against any decision to refuse. Whilst you may certainly obtain an extended period of time until the 80 he is your matter and any further appeal period expires, the circumstances you have explain suggest to me that you’ll need to have a very good Plan B. please do let me know what you ended up doing and provide further information to me or book in a chat with me to discuss the appeal going forward.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Nurul fatin says
Hi,
I am about to lodge a visa 189 with my partner as a dependent. My partner had her tourist visa refused in 2018 due to insufficient evidence but was granted tourist visa after we reapplied. Will this affect the visa 189 application?
Nilesh Nandan says
Nurul
This is a great question. Of course it would be better if you had never had any refusal and neither had your partner had with REFUSAL whether for an Australian Visa or for any other country.
The good news is I do not expect the prior Visarefusal to have any new negative impact in relation to your subclass 189 Visa application lodgement provided that no fulfil misleading information or incorrect answer although this document has been provided in relation to all previous applications.
It’s great that you had received a grant letter for your partner after first receiving a refusal letter for your partner at all things being equal I would not stress at all about any negative impact on the 189 Visa and look forward to welcoming you here in Australia as an Australian permanent resident in due course.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Van says
I am onshore and my visa got refused on 14/03 because I did not take medical exam ( I was unwell on that date). However on the 12/03 I rebooked the new medical appointment but my agent forgot to update it. Visa refused because I did not comply pic 4005. Havent got medical exams doesnt mean I am unhealthy. Is there any chances that I can win AAT?
Thank you
Poonam says
My tourist visa was refused recently on basis that I am not a genuine visitor. Previously I applied with the same job letter I was granted but this time no.If I will reapply since I have started my online business and I am director of company will I be able to get visa this time
Naina arora says
Hi, I want to apply for spouse visa. I have done B.sc non medical in 2020 and currently doing b.ed (last semester) and want to pursue masters in Australia. My spouse got rejection on study visa 7 years back. Is there any chances that we can together file a spouse visa by the end of this year? Are there any chances of rejection?
Bilal nisar says
Hi, i had applied for austrailian study visa back in 2014 and got refusal and now i want to apply again for MS after my graduation but the problem is i dont know the reason of my refusal and i dont have any letter as it happen 8 years earlier so how can i can get the plz help me in this regard…
Thanks
Patel vidhi says
Hello sir
I m 26 years old and last month applied for visitor visa as my 1st cousin invite me to visit australia who is Australian citizen but I got refusal. Should I try again for visitor visa? Can I apply for student visa after one month getting refusal in visitor visa ? Please answer sir
Anika says
Hello! My boyfriend’s 485 visa got refused on the grounds that he forgot to attach a police verification form. He had a court hearing where AAT reconfirmed the refusal and gave him 21 days to appeal again. Unfortunately, he had to leave two days after the hearing, on a bridging visa A because his younger brother passed away overseas. He sent the 1006 form to change to bridging visa B three days before flight, included death certificate and other documents but immigration took too long.
Now, can he apply for a student visa again? Or is a partner visa an easier option? I am a citizen here and we have been in a genuine relationship for 4 years now.
Shelisha says
Hi, I am currently studying in Australia holding visa subclass 500. My boyfriend who is British army applied tourist visa from offshore, with all his credentials uploaded including employment holiday letter and all. But the visa got refused stating that the person has no genuine intentions to return back. We are not the satisfied with the comments behind our visa refusal. What can we do further?
Dhruv Dave says
My Brother applied for visitor visa to visit me. He applied offshore. His visa got refused on 29th March 2020. The reason for rejection was related to no proper reason to leave Australia after nominated time frame.
Can I apply his visa from Australia?
Nanise Vodonaivalu says
Hi i am onshore and had a visitors visa refused on the reasons for not having my medical appointment but this was because the medical centers were limiting all visitation due to the covid 19 pandemic so i made an appeal to AAT and they then remit my application back to the department and then the department refused my visitors visa application on the grounds of the applicant does intend to stay in Australia temporarily saying its does find family or employment or financial incentives for me to return home.What are my chances on a student visa as well as a secondary applicant on my gf who is about to lodge a graduate visa ?or what other options do i have ?
Nilesh Nandan says
Hi Nanise
Options are very limited if you are now holding a bridging visa or no visa at all.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Nikesh Munikar says
Hello sir,
My tourist visa was denied in 2019 because with the provided information they are not satisfied with my intend to stay temporary in Australia. Now i am applying for dependent visa. Does previous visa refusal affect my chances of new visa?
Nilesh Nandan says
Hi Nikesh
Can I assume that you did not provide any false or misleading information in relation to the previous application?
If not then I cannot see the difficulty provided you meet the criteria applicable for the new Visa you are applying for.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Rajat Sathian says
My Name is Rajat Sathian currently working in a French restaurant as chef. My graduate visa 485 got refused on the ground that my letter of completion does not show date of completion of course. I have lodged an appeal for the review. I am having bridging visa b upto June 2022.during this period can I travel to india??
Nilesh Nandan says
Already responded to you Rajat.
We ca do a video call with both you and your son.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Nilesh Nandan says
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Vanita patel says
Hi
Vanita patel
I have apply visitors visa and I got refusal in 10 march 2022.
Nilesh Nandan says
Hi Vanita
It is unclear from your comment as to whether or not this was an onshore application or an offshore application.
If it is an onshore application (meaning that it was lodged when you were in Australia when you applied and now) and holding a valid Visa then there is usually scope for you to make an application for review to the tribunal within 21 days of the decision.
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Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Carlo says
Good day,
My partner and I are in appeal for a sponsorship 482 since a while now, but after almost 2 years we decide that we don’t want work anymore for that company and try to apply for another visa, can we do it onshore? Kind regards
Carlo
Nilesh Nandan says
Carlo
Sorry, No!
See rules around section 48 problem.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Mohamad says
Hi. Recently my ETA visa refused due to insufficient funds. Can I apply for student visa because I manage to find a sponsor by business owner in Australia? Chances of getting the student visa?
Nilesh Nandan says
There are too many questions in this post and not enough information.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Mohamad says
Dear Sir, referring to my previous questions,
I’m 38 years old and self employed.
I got refusal on my application (offshore) ETA Visa due to insufficient funds.
In the meantime, I managed to get sponsorship from business operator in Australia to sponsor my study in Australia.
Can I proceed to apply student visa and chances of visa approval?
Teiz says
Hi Sir,
I actually applied for a visitor visa ( Class FA) Visitor (Subclass 600) last November of 2016 but was refused because my application was considered against the criteria for all subclasses within that visa class. So my question is can i apply again for a visa this year? And what are the best visa option for me? I hope you can enlighten me. Thank you very much.
Nilesh Nandan says
Teiz
There is no limit on how many offshore applications you can make. When I say “Offshore” I mean applications from outside of Australia.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Luca says
Hello, me and my partner lodged a protection visa through an agent and we are asking our agent if he hears from the Department of Immigration and we ask for the copy of our lodgement it was not sent to us until now and she just gave us a hard copy with the wrong email address on it. It’s not my email address and not definitely hers. But it looks like it’s my name but I don’t have that email. I tried sending her few emails to clarify and I heard nothing. How can I know If I can still stay here in Australia?
Bret says
Hi asking for a friend, he wants to know if his dependant can apply for student visa after they withdraw their protection visa or been refused of it, either way. Or is there any days that needs to accumulate before applying again. Thanks!
Lim oon ngek says
Hi Sir, my brother currently is in Sydney’s jail are trying to apply for a protection visa. He been trying since few years back. Does protection visa really helps him? Could u pls advise if he should continue to apply?
Anagha says
Hi,
My student subsequent entrant visa got refused for not meeting the applicants intention to stay temporarily in Australia. He is holding a NZ work visa and working there as a Project Manager. What are the other visa options we have
Ganga deuja says
Hi I regarding about my husband visa refused twice the reason is u will not back from Australia it’s possible to do anything else? Thx
Sourav says
Sir, my offshore student visa has got s57 on it because my grandfather unknowingly closed the loan account which was being used as proof of funds in my TU 500 application for student visa. Due to this immigration suspects that my loan documents are bogus. I do have a FD of same amount. I have been given 28 days to reply and provide a justification. It was matter of miscommunication that my grandfather closed the loan account. Can I request them to consider my FD as a source of funds?
Nilesh Nandan says
Fada
There is no easy way or nicer way to say this but if you do not meet the requirements of the Australian Visa and you should consider exiting Australia I need to return into your home country or if there is another country that offers you and opportunity for a Visa, then explore that opportunity.
Until you accept this realisation honestly, you will remain unsettled and separated from the rest of your family.
Of course you want me to weigh up the coast with emotional and financial are staying inside Australia and running futile applications, whether initial applications or appeal applications.
Whatever the case may be I feel for you and wish you and your family the very best.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Ganga deuja says
Hi my husband visa refused twice they just gave a reason You will not return because of country conditions like poor this and that also politically so what can I do further ? Any idea
Saif says
Hi sir, my student visa was refused and i have applied for AAT but right now i am in india. And now i got the mail from them asking for supporting documents.i haven’t withdrawn my application yet. Now if i apply for a student dependant visa, being as a dependent will it be granted
Nilesh Nandan says
Hi Saif
Nothing at all is prohibiting you from lodging Any offshore application. This will be decided independently of the application that has been made to the tribunal.
You will of course need to meet the criteria for the offshore students dependent visa you have mentioned.
Another consideration would need to be that nothing in your new application should be inconsistent with any prior application and answers and materials provided, otherwise you’re likely to get a letter requesting a response due to a suspicion that you have provided information that is adverse to your case.
Public interest criteria for 020 requires that you do not provide any information which is false or misleading or any document which is a bogus document.
I hope this helps and that you get back into Australia soon.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Ruth Redd says
Was on a partner visa that got refused but I was a dependant on that partner visa because it was my uncle visa. So I did put in for a protection visa for my little brother and I as we can’t return back home because we have no family there.
Just got engage last year and will be getting married this year in June or July so it’s possible to redraw the protection visa and put in for partner visa if I get married or just wait for the protection visa decision.
And will Immgration give me condition on applying for another visa in case my protection visa get refused ? Hope I can get an answer from you guys .
Nilesh Nandan says
Hi Ruth
This rule is very frustrating for people in your situation. The purpose of the rule )that you cannot lodge a partner Visa if you’ve had one refused) is meant to stop people swinging from one partner onto another partner. Unfortunately you are caught by this rule even though you were a “dependent” only and you were not in any relationship and nor have you lodged any visa application based on a any partner relationship previously.
There are two ways that come to mind for overcoming this problem.
The first is for you to simply exit and make an offshore application and wait offshore until it is granted. Of course this is problematic and will lead to separation from your partner period of time even if you are able to remain offshore safely for that period.
The second is to make an application for review to the tribunal after the current application is refused, with a view to then providing submissions to the minister for ministerial intervention based on a long-standing relationship on the one hand as well as an argument that you have been caught by what is essentially an unintended consequence of legislation.
I hope this makes sense and that it helps you. Feel free to contact me to discuss it further.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Neelraj Patel says
Hello sir
I have resufal on 485 visa because choose wrong stream so i aat was refused and i went to federal now it might refused as well so and i want to buy sbo and apply 491 so incase it might open my federal case waht should i do next?
Nilesh Nandan says
Neelraj
Your case has no prospects of success in the FCFCOA. This means it will no have prospects in the FCA even if you appeal.
I have seen others appeal to the FCA to “buy” time.
Unfortunately I can not assist myself if your appeal is simply to “buy” time.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Santosh kumari says
Hi sir ,my Nephew (@oversea )got student visa ,can we reapply
Nilesh Nandan says
I assume that you mean that if an offshore student Visa has been refused, can you then reapply by making a further offshore application for a student Visa? If that is the question, then the answer to that question is “yes”.
You must be careful to understand the reason for the earlier student Visa refusal and make sure that you have a strategy in place to combat those reasons, so that you don’t get a further refusal based on similar reasons.
You should also check whether or not the decision record (in the earliest refusal) was affected by PIC 4020 because if it was, then the grant of any further application you make, might be prohibited for a period of three years in particular circumstances.
PIC 4020 relates to the provision to the Department of false or misleading information or the provision of a bogus document.
I hope this helps.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Claudia says
Hi i would like to ask if the protection visa has been refused is it possible for it to be extended of we make a reappleal? Thanks
Nilesh Nandan says
Yes you can usually get a further bridging visa while your appeal to the AAT is heard.
But you need to appeal within time!
Hope this helps.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Prabhjot says
Hi
I just got an email from DHA regarding refusal of my mother in law visitor visa SC 600. I live in Australia with my husband on a student visa. I lodged my mother in law visitor visa app in feb. but now the dept. refused it by saying that she doesn’t have strong commitment to return to home country and many more basically related to finance.
What i can do now?
Kindly guide me
Thanks
Nilesh Nandan says
All you can do is reapply and address the concerns raised in the decision record.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Ravi Kumar says
Hi .
I have calculated my 65 points and I am eligible for Skilled Visa 189, 190 and 491.
I have lived in Australia on Student Visa 500 for 4 years. But when my Visa was expired I applied for an extension visa but it was refused to get due to wrong information (SOP Statement of Purpose) which was written by my new trainee Consultant in Australia . So I believed that it is wrong decesion by the Visa Officer . So I went to an Lawyer for guidance he said me clearly that you will get back your visa if you go through to AAT . So finally I applied my refusal case in AAT and got the Bridging Visa C class . After 2 months I traveled to Home COUNTRY due to some personal family matters. But After reaching to my own Country I got the news that I can’t come back to Australia on Bridging C class . So that’s why I couldn’t come back to Australia or didn’t attend any hearing. So i missed the chance to come back .
So now my main concern is that Can I apply for Skilled Visa behalf of the my above given information regarding Refusal. Now I want to come back on other visa as like 190 sub class as I am eligible to reach minimum points . Or what kind of visa I can be eligible to apply while I have had refusal back in April 2018.
So kindly give inputs and your suggestions will be highly appreciated.
Thanks
Nilesh Nandan says
Hi Ravi
This is the problem with a BVC. No travel facility if you must exit for compassionate reasons! Arghhhh!
Was the visa refusal affected by PIC 4020?
Assuming it was not, you’ll need either a visitor, student or a skilled migration visa to re-enter.
Lodge an EOI now if you are eligible!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Hassan ali says
Sir , i had two time Australian student visa refuse kindly guide me there is a chance to apply third time for study visa
Nilesh Nandan says
Hassan
After two student visa refusals, and no previous entry into or connection with Australia, you are pushing Sh*T uphill. I mean to say that it will be hard for anyone to get a approval on the third attempt, though not impossible.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Joti says
My tourist visa is refused can i apply for new visa immediately
Nilesh Nandan says
Yep!
Rez says
Hi,
I arrived by boat on 2013 and I had interview for protection visa on 2017 and my application been refused,
I am on bridging visa E since 2017 and I just fed up with my situation,
Now I am trying to apply for student visa to Canada, my question is does this situation or refusal protection application effect my application to Canada?
I really appreciate for your time and help
Nilesh Nandan says
Yes I expect that a decision maker considering your student Visa for Canada will be concerned whether or not you will be lodging a protection Visa in Canada as well, and for that reason may choose to decline any Visa application for a student Visa.
Hope this helps.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
*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.
Rohan says
Hi sir,
My student visa application for Australia was refused in 2012. I continued studing in Nepal and have finished my master’s degree in 2020. I also have been to Austrlia in 2019 in tourist visa sponsored by my brother and returned back to Nepal before visa expiry without any issues. So if I want to apply for student visa now, how slim is the chance for visa approval this time?? I have already got an offer letter from Curtin University,WA.
Thank you for your time..
Rohan says
My ground for refusal was unability to explain about intended course in the phone interview taken by High Commission.
Nilesh Nandan says
Rohan
The problem will be whether or not you are in fact a genuine student. You are studying and studying and studying and you need to convince decision-makers that there is a valid reason why you want to continue with further studies. Your GTE statement will be very important.
I hope this is helpful. It is certainly use will let you have a confirmation of enrolment from curtain university already and I wish you the very best with making the application and being with your brother again in Australia.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Kamal says
Hi
485 visa has been refused because immigration officers didnot receive any information regarding the health examination booking date between 90 days because some mistakes done by consultancy.
Is there any chance of getting 485 visa again and any affect on Permanent residency in Australia? . Can you please guide in this ?
Tha k you
Sarthak says
Hi Sir,
My friend’s TR visa was denied due to a misunderstanding about the course completion date.
She has only given her 21 days to file an appeal. Could you please tell us if she has a chance of getting a visa after the appeal?
She earned a good grade on her master’s degree from Monash University. The only issue is that she listed the thesis submission date as the course completion date on her application. Aside from that, her documents are upto date and complete.
She received an email informing her of the error in the application and was given some time to correct it. But she wasn’t quite understanding it and couldn’t do the right thing.
Could you please give us your honest opinion on this so that we can move forwards?
Thank you in advance,
Sarthak
Shahriar says
Hi there, my Mums student guardian visa extension was refused in Australia on grounds of possibly extending her stay for no reason (according to home affairs). She has left the country since. Does this affect her future visa applications e.g parents visa?
Raghav bains says
My australian student visa get refused having one reason that you would not stay temporary in Australia so what should I go for appeal to Australia or not
And how fee is for appeal in india
Dorji Zam says
In 2017, my husband applied for a student visa to study for his master’s degree in Australia, and I applied for a dependent visa. Both visas, however, were denied. Now that it’s been four years, we’d like to apply for a student visa and a dependent visa. Is there any chance of an objection or a visa refusal?
Irfan says
Hey, I hope you are doing well,
My student visa refused onshore and then I applied to AAT tribunal before receiving decision I came to India on Bridging B visa and stuck because of the covid. My Tribunal application has been dismissed for not attending online hearing; then I completed my course online after coming to India, it is possible to apply for Temporary Graduate visa – Subclass 485. Please give me the right answer that’s really appreciated.
Thanks.
Razeb says
So, I am currently applying for my 4 student visa in Australia. (I know, don’t judge me ) but I’m afraid this will be refused due to how many times I’ve been a student. Can I appeal if it were refused? and how long will an appeal usually take? and can I apply for another visa while waiting for the appeal decision? and would the bridging visa to apply for an appeal allow me the same benefits as my current visa eg will I be able to work and study while waiting on the appeal decision? Many thanks
Gayatri says
Hi sir
Actually we lodge my brother file befor 3 years as a visitor but he got rejection and now he wants to lodge his file as student so is there any chance to get visa cancel??
Rajat verma says
Sir My visa got canceled as my agent didn’t provided me email and immi account Visa got canceled as coe was not updated in prism. Now the college is giving me new coe and agent is applying for new visa. I have 79in pte and 12th passed in 2018 got visa in oct2020 and visa was canceled on oct2021
Ash dijo says
Dear sir
I have been rejected my uk visit visa 4 years ago. Now I am applying for Australian 494 visa?
Does it affect my 494visa?
Visa refusal is not stamped on my passport? Do I need to declare it even it is not in my passport?
Pls help me.
Thank you
Ash
Davinder Singh says
Sir , I was declined for student visa in 2019 , can i apply now for student visa again Australia as i have a gap of 3 years from 12 standard, but i really want to go Australia. please help sir.
Man says
Hi sir, How are you, my bro got a refusal on visitor visa, but now he’s married, can they apply visitor visa or other??
AychMa says
My father visa – New Zealand Citizen Family Relationship (Temporary) (Class UP) (Subclass 461) visa was refused when applying for a renewal due not complying with Condition 8501 states that:
The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
He is now back in New Zealand. Is it possible to re-apply and pay health insurance in full for the amount of years his visa is granted for?
Ayushna says
Hello,
My brother’s tourist visa is recently cancelled. When can I apply his student visa, is it possible to apply.
Thanks
Edhi says
Hello Sir,
hope you are doing well
I have visa student refusal in 2018 in Australia then I have place my refusal to tribunal AAT. while I’m waiting for the hearing on the same time I also applied another partner visa subclass 500 (student visa) from off shore.
before I received the hearing notice for my appeal my off shore application partner visa has been granted then I withdraw my appeal from AAT tribunal.
If I want to apply for TSS subclass 482, will the refusal record affected? As I have withdraw my case before the hearing because of my off shore visa has been granted.
what do you think about my case?
Regards,
Edhi
M Asad nawaz says
Hi.. AoA sir… My student visa file is submitted in abmacy. In my file i give a letter of job experience letter for my 6 months gap in study. So when visa officer want to conform this letter and call to the person for my confirmation of letter due to some mistake he get the wrong or fake information about my letter but before the any comment or decision of visa officer i know about this situation then now whatt should be do by me… Can i inform the abmacy before their rejection that they should conform again…
jane says
hi my mom visitor visa got refuse (onshore application) is it still ok for her to apply for another visitor visa?? or she needs to apply another visa??
sam says
Hi my name is sam , my 491 visa got refused due to my BBAY’S AUTISM and he is born in here Australia and i am working in health care sector, but i would like to know can i apply for another employer nominated sponsorship visa after lodging my AAT? How much chance of success do I have to get the sponsorship visa?
Anuradha says
What are the chances of getting a 482 visa approved with PhD experience? I have done research that exactly match with my nominated job but I have not received the PhD yet. I am planning to submit my PhD thesis soon. Do I wait until it is submitted or am I safe to proceed?
Thanks in advance.
Novie says
my partner was on visa 417(working holiday visa) then he apply to get the his 3rd year. But after 1 year his visa never granted and he decided back to his country while he is in Bridging A, he leave australia without apply bridging B. And few days after he arrive in france, his visa got refused becuse its doesn’t meet with the criteria which he need to do farm work 6 months. But he only upload payslip less than 6 months. and now almost a year. He want to apply (offshore) student visa, we woild like to wondering is there any change for him to get the visa or he got banned because he leave australia while he is with bridging A and got refused. Any answer would be really appreciated because he really want to come back to australia. Thanks
Susil says
Hello Sir,
My sisters visitor visa got refused 2 times on 2020. She wanted to come to visit me on my graduation. Now she wants to apply for student visa. Is it going to effect while applying for student visa? Any idea that visa will be approved or refused again? Or its waste of time to apply for student visa?
Susil says
My sister’s visitor visa was cancelled 2 times on 2020. She wanted to come for my graduation but now she wants to apply student visa. Is there any chance that her visa will be refused again? Please suggest.
Manreet says
If my protection visa gets refused, can I apply for 190 visa if I have the skills and work experience.
Asker says
Sir, 2 years ago my visitor visa for australlia was refused for my salary issue.. i dont know why but it was my genuine salary… Now i am applying for dependent visa with my wife as my wife is main applicant,,, does my previous visa refusal will effect this one too?? Should i withdraw my name from the list
John says
Hi,
I came here with visitor visa and before end of the visa period I applied for protection visa 886 (permanent) due to circumstances. The application refused the same year June 2018. I lodge AAT and Am on Bridging Visa A since then. There is no reply from AAT up to now. Am worried if The appeal get refused. I need your advice if I can apply for sponsor nomination or independent skilled visa without leaving the country. Thanks.
Jagseer singh says
Hello sir,
I applied for Australia study visa subclass 500 with my spouse and got refused in may 2019 for the reason that I have week personal ties with home country that I will not leave Australia in the end
I did my masters in 2018 economics
Course applied for masters of finance
Now working as a team head in a Pvt Ltd company
Now what should I do ?
How can I reapply for Australia student visa please suggest me can I reapply student visa without spouse?
Satnam Singh says
Hello Sir,
My Niece’s Study visa got refused due to incorrect family information represented by agent and wrong funding documents. Her brother information in application form was wrongly interpreted and similarly funding documents of brother was also not that what we provided to agent. we provided her father income proofs but that got exchanged with someone’s else profile.
Application was submitted under Sudent Temporary (class TU) subclass 500.
Application got refused under Clause (500.212 in scheduled 2 of the Migartion Regulations.)
These were the reasons given in refusal.
I have given regard to the applicant’s circumstances in their home country.
I have considered the applicant’s circumstances in her home country according to
information provided in support of the application. The applicant is single and has parents
and a sibling residing in India.
The applicant has not demonstrated any assets, and no evidence of her own economic
circumstances or ties to India have been provided. Furthermore, while she makes claims
regarding her employment opportunities in India, there is no evidence to substantiate her
plans apart from generic statements.
Whilst I acknowledge the applicant’s parents may act as ties to India, I find these ties do
not, of themselves, constitute a strong incentive to depart when considered against the fact
that strong employment or economic circumstances in her home country have not been
evidenced apart from claims and statements made regarding potential employment in India.
In summary, these factors include:
● the applicant’s circumstances in their home country, including the applicant’s economic
situation, political and civil unrest in the applicant’s home country, the extent of the
applicant’s personal ties to their home country, whether the applicant has sound
reasons for not studying in their home country if a similar course is available, and
military service commitments that would present as a significant incentive for the
applicant not to return to their home country
● the applicant’s potential circumstances in Australia, including the extent of the
applicant’s ties with Australia that present as a strong incentive to remain in Australia,
evidence that the student visa program may be used to circumvent the intention of
the migration program, whether the Student visa or the Student Guardian is being
used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of
concern
● the value of the course to the applicant’s future, including the course’s consistency with
the applicant’s current education level, whether the course will assist the applicant to
gain employment in their home country, relevance of the course to the applicant’s past
or future employment in their home country or a third country, and remuneration and
career prospects in the applicant’s home country or a third country to be gained from the course
● the applicant’s immigration history, including visa and travel history for Australia and
other countries, previous visa applications for Australia or other countries, and previous
travels to Australia or other countries
● if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the
applicant
Is there any possibilty of refilling?
If yes, then what we can do to relodge the file?
I will be grateful for your advise.
Thankyou in advance for your response.
Saniya says
Hi sir,
I came on vistor visa and applied for student visa and got refused as the information mentioned by my agent in my application form was wrong.mean while i underwent many sad up and downs and in a state of depression too. he then adviced me for AAT and again there he fed application with the same wrong information and i got refusal again with in half n hour after hearing and Now i have appealed for FCC and iam in a wait for my decision. I want to ask you if there is any chance to get back my visa or any other way to apply for my visa to stay in Australia or can I complain about my agent who totally guided me in a very wrong way. Unfortunately the agent is my in law relative so i had trusted him blindly. Please do advise me in this case . Thanks
lalita says
Hi sir, My partner visa application recently refused.My question,can i still apply again or what other options to stay legally in Australia.This is the twice times that i got refused. Thank you.
John says
Hi,
I came here with visitor visa and before end of the visa period I applied for protection visa 886 (permanent) due to circumstances. The application refused the same year June 2018. I lodge AAT and Am on Bridging Visa A since then. There is no reply from AAT up to now. Am worried if The appeal get refused. I need your advice if I can apply for sponsor nomination or independent skilled visa without leaving the country. Or the other way is it worth to wait the decision and if it failed to continue applying another visa? Am worried if appeal refused I will not have enough time to apply another visa before leaving the country.
Thank you on advance for your reply.
Hussain says
Hi Nilesh,
I lodged my 186 visa application onshore and travel overseas on 457 visa which was valid by then due to sudden border closures I got stuck overseas and 457 got expired. My sponsoring business shut down due to COVID-19 restrictions. Will I be able to get 186 approved? Or I will have the right to appeal as I’m overseas?
I’ll be great full to your response.
Rakshit Sah says
Hi Sir,
My student visa was rejected in 2019. Can I reapply for it? As I am willing to pursue my Masters from Australia.
Raman says
Hello sir
I applied for my student visa in Australia in September 2020 and got rejection in Feb 2021 After completing my 12th in 2019 . I applied for diploma in college. Now I am in BSc final year . Can i apply for masters for November 2022 intake and what are the chances of getting visa.
Emmanuel says
My friend’s student visa was denied on the basis of having two brothers already in Australia and the income he earns is higher than what he going to earn in Australia as an optometrist.
Are there any chances of re lodging the student visa and what documents are required to get a grant for the student visa.
Thanks
ILHAN says
my old school is over but i failed 1 unit and i Apple for new visa even different school different course can imi old school my old school outdated coe
can my old school give me trouble over my ex ceo and visa
Best rigards
Thank you
Milad Tajik says
Hi sir
My student visa (subclass 574) has been rejected in 2016. My visa has been failed to meet PIC 4003(b). can I apply for The Skilled Work Regional (Provisional) visa (subclass 491) now or do I have to forget immigration to Australia forever?
Regards
Milad
Almas says
Hello, I got a refusal on 482 nomination chef processed my employer agent. I am offshore. The main reasons were Organization chart(No cook and kitchen is noted listed), limited menu, small kitchen.
If my employer update the documents and reapply for nomination, is there any chance to approve?
Will it need LMT again in this case?
Aman says
I have a student visa refusal later I applied for AAT appeal which also was refused so I applied in fed circuit court case is still on am I still able to apply for new sponsored visa.
Thanks
yusuf says
Hello Nilesh,
My partner(Australian) has already sponsored 2 of his previous partners. ( last one was 2014)
Now we are in a defacto relationship for exact 23months now. We are currently living in my place in Turkey. I ve never been in Australia.
Our relationship is genuine. We have many evidences to prove everything by photos, screenshots , documents, joint bank accounts, travelling overseas together, we made an investment(house) in turkey together etc.
We believe we have a really strong case.
But the only problem is that it will be his 3rd sponsorship. ( the other sponsorships were also genuine.They broke up. The one is still in Australia got PR, the other one is in Canada now. couldn’t get his PR)
But we are confused when we should lodge the application for 309 visa.?
Being in relationship for 24months is enough or should we wait for our relationship to be 3 years to make it long standing relationship to waive? (bcs we dont have child but we have 2 kittens :))
Additionally we are discreet gay couple in a conservative country. Sometime it s really challenging for us to live here.
And my partner’s all family is in Australia. And his father is taking cancer treatment recently.
Could you please tell us if we have any chance to get granted being in a relationship for 2 years or not?
I would appreciate.
Thanks a bunch
Marie says
Hi I was just wondering if a partner visa was refused are there any other visa options we could apply for? Apart from appealing or going offshore to reapply.
Snigdha Divity says
Hi sir ,
My 485 visa has been refused and I have partner whose 485 visa is been granted, am I eligibile to apply partner visa while in onshore or do I need to go to offshore to lodge partner visa.
Rudra Patel says
Hello sir,
My name is Rudra patel. My uncle applied visa subclass 117 (parmenent) for me in 2017 and visa got refused. Am I eligible to get student visa even if I have previous visa rejection history??
Rudra Patel says
In Australia
Nilesh Nandan says
If the application is made offshore I cannot see any prohibition to make any further Visa application from overseas except your uncle has provided Your uncle has not provided any false or misleading information or provided a bogus document in relation to the previous application.
Your age at the time the application was made might also be relevant in relation to the sanctions impose against you if full for misleading information provided.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended topographical 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.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Drgk says
Hello I’m here waiting for my review with the AAT but my Uncle was the one who lodged my visa am I allowed to live with my partner till then?
Cathy Vu says
Hi,
I submitted the wrong police check for my 485 visa.
Please advise me what to do now.
I really need your advice.
Kitione says
Hi
My protection visa application was refused.
And AAT is only next option to stay in Australia.
I haven’t applied for AAT review but I would like to get some advise before my next step as AAT is my only option to stay with Family in Australia.
Nilesh Nandan says
Please take steps to get an appeal lodged! You’d be crazy to not lodge an appeal. You have 21 days only. Don’t screw this up!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a chat with me here. https://myvisa.com.au/10-Minute
Nazia says
Hello sir,
My brother visitor visa got refused and i have applied in AAT in 2020 for reviewing my application.
Now, my brother want to apply for student visa so what should i do? Can he apply student visa without withdraw the application from AAT?
Please advise ?
Thank you,
Regards,
Nazia
Nilesh Nandan says
No. If he is here on a bridging visa, he can’t apply for a student visa while in Australia.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
sukh says
Hi sir i hope you are doing well!
I am stuck India from Feb 2020 to till date and my visa was expire 05 November and i got refused 2 times. i am doing cookery in Melbourne college. There is any chance to re-apply visa and will be grant.
thank you
sukh
how can i contact you
Nilesh Nandan says
You can reapply. Get a fresh CoE and now.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Rk27 says
My visa was refused on 501 grounds 2012. I was placed into detention & later minister released me from in with intervening.
Now my ex-partner placed avo on me. she’s vindictive as I’ve new partner. I’ve done nothing wrong! I run out visa and department didn’t give me a new one as avo is in record/place which I did not challenge because was planning to go to Family court.
What are my options? I’m not allowed to apply any visas cause old 501 refusal and My case was already intervened in past!
What to do? I would like to challenge avo or demonstrate to the department that avo is just a list of lies etc.
I’ve family in Australia and want to do something!
Cheers
Nilesh Nandan says
Wow!
Very unique set of facts here.
You need to get some expert advice fast.
Use this link to book your consultation with me: https://myvisa.com.au/complex-consultation/
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Pujan Budhathoki says
Hello
I applied student visa to study cookery from Melbourne after graduating from bachelor in it without going for 485 visa. I am currently on bridging visa A and my case is already opened and asked for supporting documents. I changed the institute after completion of cert 3 and intend to study in Other state and later on i don’t like to move to that state for certain reasons and got coe from other college in another state. I withdraw coe from my application twice. I am currently studying and waiting for my visa to grant.
I like to go my home country to get married. Is there will be problems if i go to my country in BvB . Can i reenter to australia while i was submitting AAT whej my visa is refused
Pre Ks says
Hello
I applied student visa to study cookery from Melbourne after graduating from bachelor in it without going for 485 visa. I am currently on bridging visa A and my case is already opened and asked for supporting documents. I changed the institute after completion of cert 3 and intend to study in Other state and later on i don’t like to move to that state for certain reasons and got coe from other college in another state. I withdraw coe from my application twice. I am currently studying and waiting for my visa to grant.
I like to go my home country to get married. Is there will be problems if i go to my country in BvB . Can i reenter to australia while i was submitting AAT whej my visa is refused
Iman Adnan Achmed says
Hi, my mother had been rejected for a partner visa around 10 year ago.
As an 18 years old, Australian citizen am trying to sponsor her to come to Australia. Will the rejection of her past visa affect the approval of her new visa? If so what do I need to do? Thanks
Sharmin says
I got my visa rejection from Australia twice, first i applied for tourist visa then for student visa.i fulfilled of all their recommendations till they rejected and mentioned that “there is no right of merits review for this decision and they cannot consider my visa application any further”. So now what should i do?can’t i reapply for the visa?
Pradeep says
I have applied for the australia protection visa and it was refused as I have travelled back to overseas. It was still under process when i was in Australia. It got refused after 15 days from my departure from Australia stating the reason as travelled back. I am now offshore for 10 months. Now, my spouse want to apply for student visa. Is there any chance for me to get dependent visa?
Avirupa says
Hi My mum’s Visa 173 application was refused as I did meet the criteria of staying 2 years in Australia when I applied back in 2014.. I jigesh arrived and applied for my my mum’s PR.
However I again reapplied in 2018 when I met the legislative requirements and currently waiting. I am quite stressed and want to know whether the earlier application refusal can be reason for this Visa not to be granted.
Thank you
Avi
Ivy says
Hi Sir,
I have been holding 408 bridge visa for nearly 6 months ( my previous aggent applied for me and I knew nothing about it and), have yet to hear from the IMMI, please advise what can I do that the IMMI will follow up my case.
T Attanayake says
Hi,
I’ve lodged an EoI for a 491visa and awaiting response. In the meantime can I apply for a student visa and in case if my student visa application is rejected, will that impact my 491 visa?
mufit batikan says
hi my visa class is WC / 030 bridging visa B. my protection visa was rejected. I’m now holding a bridge visa and waiting for the tribunal’s decision. can you tell me which visas else can i apply except partner or marriage visas
thank you
sagar chawla says
I had the student visa of Australia expiring on 15th December 2021 , and I applied for the extension in oct 21st which got refused on 8th of November . But I am offshore and stuck due to covid . So What should I do?
M. Santos says
My husband and I were holding a student visa and then applied for a protection visa We requested the cancellation of the student visa as soon as we lodged the protection visa and got the BVA, but we didn’t got an answer on this matter before the cancellation of our BVA a year later. Since then we are holding a BVE.
Can I apply for the 190 visa (onshore) considering the recent changes in the section 48 bar?
If I leave Australia and cancel the Protection Visa application, is it possible to apply for a permanent visa in the future, like 189 (offshore)?
Thank you very much in advance.
Sk Zaria Ahmed Prapti says
Hi, I am a doctor in Australia and my PR application, subclass 190 has been refused recently due to an administrative error ( I claimed 80 points by mistake where it should be 75 points). I can’t apply to AAT for a merit review of this decision as I am off shore ( boarded international flight on day of visa refusal ). I have been working in the same hospital for 3 years and I have got a job offer for next year. Can I apply for work visa, TSS 482 now?
Any suggestion is highly appreciated.
Prakash Ranabhat says
Hi
My temporary resident visa got rejected last week.
I made a mistake on putting the date of course completion in application. The date I put for my course completion and the date of on my completion letter is different. Is it still possible to get my temporary resident Visa?
What might be the next step?
Thank you
Prashant Kumar says
Hi Nilesh,
I came straight to Australia in July 2019, with my wife on her student visa. In January 2021, Police issued the interim intervention order(Domestic violence order DVO) and allegedly charged me with assault. Later, assault charge were withdrawn by the Police Prosecutor and DVO revoked by the Magistrate Court in August 2021.
After that I took out my AFP NPC in which I have ‘no disclosable court outcomes’ recorded.
After all this happened, Now I wish to go for study(Nursing) and get my own student visa.
Please advice me with your valuable views in my above mentioned case.
Josh says
Hi,
Me and my girlfriend have been together for 3.5 years however I’m currently back in the UK due to covid implications.
I was previously on 2 student visas whilst I was in Australia and would now like to apply for a partner visa.
I have recently realised that I put my relationship status as never married rather than de facto when doing my student visas as at the time I thought it was for engaged people and only counted if you had already been dating/living together for over 12 months. Will they compare the de facto visa application against my previous student visa applications and if so would they refuse the de facto visa due to this or is there a way around it?
Many thanks,
Elizabeth says
I need help …. I Want my Daughter to get here in Australia. She’s the only one leave Behind. Please anyone can read my messages really appreciate for all advice , Thank you
Elizabeth says
Hi there,
This is Elizabeth from Brisbane Queensland… I am over Stressed of what the best visa to apply for my Daughter, She in Philippines atm.
As been Refusal last 2016 for child visa, For the Reason of Study gap.and we do review in AAT Brisbane,still the same outcome refused… after two years I’ll try again another visa , which is Tourist Visa, still refused. Im over stressed thinking what I gonna do. She’s now 25 years old, and she Finish her Degree in University.. I really want her to come over to Australia, she’s the only one leave Behind… I’m very much worry about her as a Mother, to much stressed I’d suffered everyday thinking of my Daughter… Hope. there is way what is the best we can do, … Wish to hear some advice , what we gonna do. This is my email.(clairedacop@gmail.com).. Thank you
Best regards,
Elizabeth D. Taylor
Andre says
Hi I was on a 482 visa and have find a new sponsor to nominat me the nomination of the new company have been refused and my visa was canceled as they say I have overstay my visa I have appealed my canselation at the AAT and wait for the outcome I am currently on a Bridging visa E and on my cancelation notas I received from migration it stats I have no exclusion and can applied for a visa again can you please advice what it means please as I have a company that are willing to sponsor me now
Jessy says
My protection visa got rejected after a review at AAT and I have appealed to the federal circuit court and it in the process. My question is while I am waiting can I apply for another visa for example skilled working visa or even if I leave on BVB and come back and apply for skilled visa.
Vanni says
Hi Nilesh. Our Protection Visa refused, Tribunal refused , Ministerial Intervention refused, Federal Court refused. On Bridging Visa E on departure grounds. Youngest child Australia citizen. Is there any other visa we can apply?
Cris says
Hi, just asking the question if can help my problem, my son child 101 denied due to 6 monthd gap in school the case offecer did not consider his short course… since he going to university started 2018 for a bachelor degree can we apply child migration sub class 101 again?
Simranjeet Kaur says
Hi
My brother student visa got rejected. What should we do please advise? Thanks
Ali Riaz says
My 485 visa is refused after one year waiting due to wrong stream. Can I reapply for 485 or any other visa which can help to stay in Australia.
TK says
Hi Nilesh,
I completed my PhD here and applied for my graduate visa, but got rejected due to the late submission of my application. I misunderstood the term ‘completion of study’ thinking that it is when I attended my graduation ceremony. I applied for a review at AAT but was not successful. I have lodged an appeal to the Higher Circuit Court. While waiting for this appeal, I am looking for other possible visa options. I am not sure what kind of visa options are available to me. Any advice on this is appreciated.
Kind regards,
Kathy says
Hi dare,
I got the rejected visa after they find out my fake marriage, could I apply for the skill visa now???Cause now I got all the experience and skill certificates and can I apply inside Australia or I need to leave outside to apply?
Thank you
Kay Kay says
Hi
My protection visa got rejected Early last year (2020) and ever since I automatically appealed to the AAT and it’s been more than a year and few months now now and I still haven’t gotten any response from there.
What must I do now?
Please any advice is highly appreciated 🙏🏽
And how do I get in contact with you.
Rudy K says
Hi Sir, my student visa got refused onshore, is there any other type of visa I can apply for?
Thank you
Christine says
I am currently on bridging C visa on my AAT application review of tourist visa refusal . I am currently in Australia . I would like to check can I make offshore application if I receive 189 invitation while I am waiting for AAT review ?
Kaydonna says
I am awaiting PR from state nomination (190). I have been waiting almost 2 years now, my job got a bit overwhelming and I had to quit and move state to be with my partner while awaiting PR. I am currently on bridging visa A with my kids will this affect my chances of PR if I apply for jobs in a different state while am waiting on 190visa. Or is it better to just take a vacation and wait back in my hone country.
ayesha siddiqua says
My 485 got rejected, and the reason mentioned was that I didn’t provide AFP check….. I have my AFP check with me but at the time of filing visa it wasn’t with me and later I didn’t upload it as I was pregnant and now my visa is rejected please advise me what is my next best step to do?
thanks
Maria Sarahra says
Hello,
Will I be banned from Australia if my protection visa got rejected?
Rajwinder says
Hi sir
My sister in law student visa has been refused from tourist visa. She is currently in australia.
What we can do.
sam says
hey i just get my visa refused because i apply a wrong one (the call centre tell me to do visa 461 nz family member- im 27 yo my step dad is nz)… can i do something about it?
me and my partner have a 2 years relationship and we’re engaged… can i do a partner visa after the refusal?
Fara says
Hi,
My husband and I, we applied for protection visa and we refused 3 times from Immi, AAT and FCC. We applied for the higher court but We want to know that any chance for other visa if we leave Australia and then apply.
Thanks
Borges Machado says
Hi, I am a Brazilian student who moved to China with my family due to my father’s job. I had a family visa when I first came to China. However, after I turned 18 I could no longer stay in China with a family visa. therefore, in order to stay with my family in China I managed to get a business visa even though I was not doing any business. I am planning to study in Australia next year. Do you think that the fact that I was in China with a business visa only so that I could continue to live in there could affect the chances of my Australian visa being accepted?
Fikadu Biru says
Hello Nilesh,
I am postgraduate student here in Australia and I hold subclass 500 student visa. I applied for my wife visa “student visa (subsequent entrant) (500)”, but got refused due to unable to show tangible properties I own from back home, which I don’t have. I feel that, this is unfair visa decision. So, do you thing, re-applying is safe in this scenario? Thanks for your help.
Cheers,
F
Thirumala Rayapati says
Hello sir,
Me and my partner got refusal 485 visa due to 485.231 does not met by applicant. Because we lodged file 25th feb 2020 as our visa finishes, Then next day we got results on 26th February(passed). But university gave us latter on 25th feb as finished masters to apply 485 visa. What should we do now??
Garam says
My partner visa refused, and just wondering if I can apply for visitors visa or anyway I can travel overseas after I get into AAT. Currently I have bridging E non Travel.
Agnes Garcia says
Hi Nilesh,I am Agnes from the Philippines.I want to tell you my situation.I came here as a student last May 2019 whilst we were on a student visa a friend of a friend introduced us to his friend.We were new in this country on that time and we do not have any idea about this .This man or recruiter told us to apply for a protection visa as this visa can help us in our situation.He told us all the pros of this visa and all of us were totally have no idea about this such as we do not need to study,no need to pay our tuition fees and we will have a full working rights.We easily trust this man without any hesitations to cut the story short, we applied for the protection visa last June 2019 paid him $1,500 each.At first,we were so happy however,as the time goes by we found out this visa will lead us into trouble because this is not the right visa to get for us.We are stressed about this and we regrets about this as we don’t know the cons of this visa before.We feel very stupid about trusting someone easily and applied this.To be honest,If we just knew it before we will not apply for this protection visa.I withdrawn this visa and I really want to go back as a student here.I am on a Bridging Visa E now.I would like to ask,if there is any way to bring us back to student visa?Hope to hear your reply with regards to this matter Sir.
Puro says
Hi,If I get student visa refusal by Pic 4020, can I apply for partner visa after that? Or wich visa options do I have un this case. Thanks
Chalupa says
Hi, my husband was working in New Zealand with a open work visa. But unfortunately he couldn’t return and now the open work visa is expired. Is there any other way to renew the visa and even his employer is willing to help him out to get him there since his position is vacant.
Please advice me on this and what is the best possible solution.
Ali Sibtain says
Respected Sir,
I need an information. In visa conditions of Subclass 476 visa, it is written that you will not be ellegible for this visa if your visa had been cancelled or previous application refused. My question is that:”If spouse visa of USA of a person gets cancelled with stamp “Cancelled without prejudice”. Is he ellegible for subclass 476 visa or not?
Ciara De La Torre says
Hi sir! I just had my 186 DE visa( chef) refused today on the basis that I did not meet the work experience requirement of 3yrs. I came here Aug 2016 on 402 visa for 1 year then got a 457(cook) visa on Jan 2018 for 2 years. Since 2018 i was promoted to sous chef position so I have been working as a chef since then. I provided promotion letter, CV & payslips as a proof that I am working as a chef. I also have a cert IV from TRA granted last feb 2020. DOHA refused it saying that I didn’t satisfy the 3 years work experience just because the duties and responsibilities written on my statement of service from the company did not specifically(word by word) listed the duties of a chef.
I am told that I can apply for the appeal. And I am considering that already but I am afraid for another refusal.
My question is will I still be able to apply for another visa like 494? or section 48 applies to me?
Mira says
We have applied for Protection Visa 866 from Australia and we have a Bridging Visa A with full work rights.
We left our single child in home country . Now is it possible to apply for student visa / any other kind visa to bring our child to Australia .
We don’t have a Visa rejection History .
Patt says
Hello sir
My first nomination was refused but the second nomination was approved. The lawyer said it’s gonna link to my application but does not so my visa was refused. Now my case is with AAT since Jan 2019. I’m thinking about apply another visa which is 491. If’s that possible? Please advice
Regards
Pat
Issac says
Hi
I came in to australia as a student and i was lodge protection visa that was refuse ,then i was go through MRT, federal court ,high court ,and finally minster international appeals all are refused ,then i was come back to home country..so if any chance come back again in australia , as a spouse visa , student visa or even any other visa?
Any law bars apply to me to if i apply again to australia ?
If i can apply again what type of process i have to follow ?
Cam says
Hoping you can help advise.
My mother was refused a Tourist Visa extension/application while here in Australia. (She was a tourist for 11 mos. and we tried to apply for another 12 months). Because the tourist visa was refused. She left before the current visa expiry and remained lawful. That was 4 years ago.
Can I still apply for a Parent 103 visa for her? Or a partner visa via my father here?
Thanks so much
Emma says
Hi, are you able to find out if my partner has a travel ban? He was refused entry (back in to Aus. long story but not his fault. (Told he was being sponsored but wasn’t,Genuinely)
He wasn’t told he was banned but we want to check.
He can get a permanent work sponsor for Aus from his NZ current employer (large Rail construction company) but we are scared to travel there.
I hold Aus PR
Thanks
Subhesh says
hi, My student’s dependent visa got cancelled 2 year back because i worked more than 40 hours. now my partner about to get PR in Nursing in Australia. can i apply for Australian visa again and what’s the chance if getting my visa as my partner is already in Australia about to apply for her PR.
Mohammed Mohiuddin says
in 2019 i applied first for tourist visa just myself after my high school with help of family members and no experts so they refused my visa for various reason major ones are being that I’m unemployed and GTE and after few months I have applied for student visa after getting my CoE, they again refused u due to GTE concerns so my agent told me you have to prove them you are a genuine student like you are serious about your studies so I’ve enrolled in Swinburne University (branch campus in Sarawak) its been almost two years I’ve completed my foundation course and 2 years of my civil engineering course I would like to know given how much my circumstances have changed will I be granted a student visa when I’m applying in the year 2022?
Royal says
Hi Nilesh,
After Finishing 485 visa, I have applied for student visa again, got rejected and Im on now federal appeal after AAT hearing rejected. I m planning to move to regional for 491 regional visa. Is student visa rejection going to effect on my 491 visa application ? M i eligible for 491 visa after previous visa rejection?
Lovie says
Hi, I have applied for a visa extension but I have got refusal for that they gave me a reason that you did not study for one year in Australia. Is there any other thing that I can do to save my visa?
vithusan Lesley says
Hi there, i’ve came to Australia by boat around 2013, recently i’ve applied for my 5 year visa and got refused by the Australian immigration, so there for my case has been given to IAA (immigration assessment authority)
would there be any chances of me getting my 5 year visa or i would surely get deported sometime soon and what would be the best thing i could do in here to help me settle in Australia?
Yogesh Karki says
Hi sir!
I came to Australia in 482 short Term visa as cook and after I renewed in 482 medium term visa for chef but my visa got refused based on salary and work experience. My company want to sponsor in mid term and offered me position and salary and I have done skill assessment too.
Do I have a chance to win Tribunal or not?
Vv says
Hi Sir,
I am under BVA and my protection visa has been refused. My visa expiry is 3 weeks away, what should i do next to stay longer in Australia?
Thanks
Pes says
My partner is offshore in NZ and her visa got rejected as student dependent citing applicant does not meet clause 500.312. What are the other option to re apply?
Dylan Nakandala says
Hi,
My employer recently lodged an application for 186 visa (direct entry) and they did my application as well. Unfortunately, I didn’t have my skill assessment done at the time of application (Which I received later), and based on those grounds (not providing the skilled assessment at the time of application) my application has been refused.
Am I allowed to resubmit a brand new application for the same nomination (Nomination was successful) and will this refusal have a negative impact on my future visa applications? (I’m not on a bridging visa and my current visa is valid for another 2 years)
Kind Regards,
Dylan
Ahmed says
Can protection visa 866 bridging visa C holder apply for any other work sponsor ship visa ?
Gursharan Singh Sodhi says
Hi,
My parents are here since 2018 on visitor visa and was extended. My father was doing LLB and has completed 1st year before coming here. I then advised him to apply study visa here if he is fond of studying and then due to covid we just extended visitor visa further. Now 10 months ago we applied for visa and he also appeared in IELTS without preparing he scored 5.5 overall. But unfortunately they rejected the visa. He is is retired from PNB Bank as Branch Manager and done MA in English 10-12 years ago as well. What are our option now other than MRT. Can we go for any other visa.
Alex says
Hi,
I would prefer to remain anonymous about my situation and I would like to request some advice please:
Case scenario:
Spouse Visa refusal – now AAT appeal
– 21 months apart from my husband
– record evidence stated not enough documentation uploaded by ex migration lawyer and he not responded on time to immigration request
Option #1
I can continue the relationship with my husband (in reality is a good friend) providing new and strong evidence for the appeal
Option #2
Live my real life with my partner who I am deeply in love with. Divorce from my husband and start the visa papers (if possible) with my real partner
I really would appreciate some help in this my very difficult case.
Please I would like the max discretion. ONLY PHONE CALL 0448 496 517 no emails thank you.
Natalia says
Hello,
My partner arrived in Australia on 05-Jun-2013 by boat. He is Hazaragi and is originally from Quetta, Pakistan. He was on BVE 051 I think and his application for a SHEV was recently refused. The reason for refusal is that the city Islamabad in Pakistan was considered a safe location for my partner to reside. We made an appeal to the IAA and this was not successful. The next option is to appeal the decision to the FCC. I am an Australian citizen and our eventual plan was to apply for a partner visa if he was successful in obtaining the SHEV. Are there any other options apart from appealing to the FCC for the SHEV? Many thanks
Jane says
My partner has his protection visa refused, as he has not received the email from immigration requested for more info. The visa was refused last year Nov, but we have lodged spouse visa application in June this year. May I know if he can return to his country while waiting for the decision?
Cy says
Hi, i was unable to continue my enrolment in my student visa, as i was unable to pay. Income was affected by CoViD. My visa is expiring soon and was able to get admission into a new course i already have my CoE and i want to apply for a new Visa. Will the fact that i didn’t complete my previous qualification affect my visa apication?
Nilesh Nandan says
Yes it will.
You’ll need to make some persuasive submissions that you are in fact a genuine temporary entrant.
I note that since writing this post you have booked in a consultation with me and I do look forward to being of service to you.
Thank you!
vikram manhas says
sir my name is vikram manhas. I am India. few month ago, I was applied Australia study visa for november intake 2021. But unfortunately my visa was rejected. The reason behind my visa rejected i.e. you are not come back your home country after completing study.
Sir plzz guide me, after refusal can I apply Australia study visa . If applied how many chances of my visa granted after refusal.
Nilesh Nandan says
Re apply!
The chances are always less after a refusal but not impossible.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Lucy Johnson says
Hi sir, my court hearing is in 15/12/21 regarding my visa application. This case under protection visa. Some circumstances in the visa. I’m not applying protection visa. They agent do incorrectly things in my visa. I have finished my studies in Australia and I’m work as chef and and as hospitality trainer. And also want to do diploma in hospitality. Is any possibility I am asked the court change our visa or I can apply for another visa?? Please advise me
Shree says
Once the employer 482 nomination is refused, Which visa can be applied to stay in Australia. What are the chances of getting the decision reviewed in our favor.
Harsha says
Hi i have launched my temporary residency visa in december 2020 but i made a mistake that is i booked my pte exam after launching the visa so now what happens to my visa can u please suggest me any possibilities
Thanks
Harsha
Franco says
Hi, my spouse is currently applying for her partner visa, however, I was unable to give the documents in time (months late) what is your experience with regards to late applications who sent their documents late.
Nilesh Nandan says
Can I assume that you made a valid application in the first place. For a partner visa this is usually paying the right fee and completing the right forms online.
It is a little bit more complicated if you are unlawfully present in Australia at the time of making the application in Australia but you have not indicated this is the case for you.
I would immediately upload any relevant material to the relevant immiaccount. If you are unsure as to whether or not you have met the requirements for a valid application or whether you have met the requirements we just admitted to be met as at the date of application and again as of the date of decision then if you consider getting some advice.
Almas says
I had a protection visa and it was refused. I am now offshore for 7 years. Now, my spouse want to apply 482 visa. Is there any chance for me to get dependent visa?
Nilesh Nandan says
Difficult but not impossible.
I would definitely handle the application carefully as there is a risk of refusal if the Delegate making the decision feels that you will again make a protection visa application.
Sujanya Ruban says
My sister’s student visa got refused recently on 04/07/2021.She is staying in Australia now . Please advice what can be done next.
Kind regards,
Sujanya
Nilesh Nandan says
You need to get urgent advice as to whether or not an application for review in respect of the decision to refuse the student visa or to be made.
If you fail to make the application within the prescribed period of time then you have a very serious problem.
Section 48 of the Migration Act seriously limits what can be done after you have received a visa refusal at the time of holding a bridging visa.
Ari says
Hi, I studied Masters in Australia from 2017-2019 & when I applied for my 485 Visa, it got rejected because I made an error in the application. I uploaded the wrong police check (standard police check instead of the FPC) . This happened in 2019 November. I could have appealed but I didn’t & I came back home. I’ve been working at home since then & now I have the points for the 189 Visa & I would like to apply for it, but I’m not sure If I’ll be eligible because of the 485 rejection earlier. So, could you let me know if you could help me with this.
Nilesh Nandan says
Thank you Ari.
From your comments I can safely proceed on the basis that you were diligent and exited Australia before the expiry of the bridging visa which you would have been granted in association with your application for the subclass 485 visa.
Provided you did this then you would not have been present in Australia without any visa and you would not have needed to lodge any bridging visa E class on the basis of departure, also known as a “bridging visa based on departure grounds”.
In such circumstances that is no adverse consequences in relation to any application you wish to make now for an expression of interest nor any subsequent application for a subclass 189 visa as soon as you are invited to make that application.
If you’d like a quotation for me to assist you with the expression of interest or with the subsequent skilled independent migration visa application then please contact my office.
Before you contact me please send me a copy of your skills assessment and make sure you have your English language test results and your evidence relating to character.
I trust this answers the questions you have and negates the concerns and worries you may have been unnecessarily carrying with you since exiting Australia.
Very best wishes to you!
Nilesh Nandan
Immigration Lawyer
Sam says
There is any chance that can apply other visa after holding E050 visa from onshore ? Your suggestion will be much more use full for me . Thank you
Sam
Dafinah says
My protection visa was expired on 28.07.2021. The tribunal was refused my visa. Can i applied for another visa after apply BVE 050…because now my company offer me for fulltime employment.
Nilesh Nandan says
The short answer is that you can only apply for a further bridging visa if you apply for any visa at all full stop one exception to this rule is that you could possibly apply for a partner visa if you have an Australian partner.
Otherwise you’ll need to go offshore and make the relevant application from overseas and stay overseas until such time as that visa is granted.
Two things which should concern you are the fact that you have already come to Australia and lodged a protection visa as well as whether or not there is any exclusion period which apply to you because you hold a bridging visa E.
The fact that you have made a previous application for a protection visa for Australia may hinder the processing of an application from overseas.
Grimsy says
Hi,
My brother’s student visa got refused recently on 11/1. Please advice what can be done next.
Kind regards,
Grimsy
Hardik says
I am stuck in India last 16 months. My visa expired 31 May 2021(visa subclass 485).then I apply student visa 28 may 2021 but refusal my visa today. What we can do?
Nilesh Nandan says
You can re-apply.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
nanise rokoyanu says
Hi my protection visa got cancelled can I still lodge another visa under parent visa subclass 103??
Shreejana shrestha says
Hello sir, my Australian student visa was rejected in2018 please suggest me now I could try or not
Nilesh Nandan says
You can make a many applications as you want if you are outside Australia unless you have been excluded from making an application, for example because you provided false or misleading information.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/