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 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
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
Thanks so much Nilesh, much appreciated. I will make a fresh application.
Kind Regards,
Lloyd
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.
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.
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
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?
Hi Can I apply another visa like skilled independent visa after refusal?
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
Pls is it possible to sue an education agent for negligence and errors leading to my visa refusal ?
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.
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!
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
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
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®
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.
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®
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.