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 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.
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.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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.
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
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?
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.
*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
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 ?
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.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute-min
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*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
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?
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.
*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
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
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