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,
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.
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.
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
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?
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?
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!
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.
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
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
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.