Can I Apply For An Australian Visa After Refusal?
Experiencing a visa refusal can be disheartening, but it’s important to understand that you can reapply for an Australian visa after a refusal. However, the process and your eligibility to reapply depend on the reasons for the refusal and your current circumstances.
Understanding Visa Refusal and Cancellation
A visa refusal occurs when your application doesn’t meet the necessary criteria, leading to a denial. In contrast, a visa cancellation happens after a visa has been granted but is subsequently revoked by the Department of Home Affairs. Both situations can impact your ability to reapply, but the implications differ.
Reasons for Visa Refusal
Common reasons for visa refusal include:
- Insufficient Documentation: Not providing adequate evidence to support your application.
- Financial Instability: Inability to demonstrate sufficient funds to cover your stay.
- Health and Character Issues: Not meeting health requirements or having a criminal record.
- Misrepresentation: Providing false or misleading information.
Understanding the specific reason for your refusal is crucial, as it influences your eligibility to reapply.
Reapplying After a Visa Refusal
You can reapply for an Australian visa after a refusal. However, it’s essential to address the reasons for the initial refusal in your new application. For instance, if your previous application was declined due to insufficient financial evidence, ensure you provide comprehensive financial documents in your new application.
Mandatory Waiting Periods
In some cases, a mandatory waiting period applies before you can reapply:
- Three-Year Ban: If your visa was refused due to providing false or misleading information or submitting bogus documents, you may be barred from applying for any visa for three years.
- Ten-Year Ban: If the refusal pertains to your identity information, the waiting period before reapplying can be up to 10 years.
These waiting periods are mandatory and must be observed before submitting a new application.
Steps to Take Before Reapplying
- Review the Refusal Notice: Understand the specific reasons for your visa refusal.
- Address the Issues: Gather and provide the necessary documentation to rectify the reasons for refusal.
- Seek Professional Advice: Consider consulting with a migration lawyer to guide you through the reapplication process.
Appealing a Visa Refusal
If you believe the refusal was incorrect, you can appeal the decision. The appeal process involves applying to the Administrative Review Tribunal (ART) for a review of the decision. It’s important to note that the time for an appeal is very limited, and you have to send the written request within 28 days after the decision notice.
Conclusion
While a visa refusal can be challenging, it’s not the end of your journey to Australia. By understanding the reasons for refusal, addressing the issues, and following the appropriate steps, you can enhance your chances of a successful visa application in the future.
For more information, contact us for guidance specific to your case.
665 Responses
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
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.
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.
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?
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.
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
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.
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.
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
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
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.
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.
Hi,
My brother’s student visa got refused recently on 11/1. Please advice what can be done next.
Kind regards,
Grimsy
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?
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/
Hi my protection visa got cancelled can I still lodge another visa under parent visa subclass 103??
Hello sir, my Australian student visa was rejected in2018 please suggest me now I could try or not
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/