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