Visa Refusal Australia: What It Means, Why It Happens, and How to Appeal
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa® Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
Table of Contents
Introduction
As an immigration lawyer, I meet people every week who have experienced the shock and frustration of a visa refusal. It can feel personal — as though Australia has shut its doors on your plans. But a visa refusal doesn’t have to be the end of your journey.
A refusal simply means the Department of Home Affairs wasn’t satisfied you met one or more legal criteria at the time you applied. It does not always mean you’re ineligible to enter or stay in Australia. Many refusals can be successfully overturned through appeal, review, or reapplication.
In this detailed guide, I’ll explain what a visa refusal means, the most common reasons it happens, what your rights are, and how to take practical and lawful steps to fix your situation. Whether you’re a student, partner, worker, or tourist — understanding why a refusal occurs is the first step toward getting your application back on track.
Common Reasons for Visa Refusal in Australia
Visa refusals occur for a variety of reasons. Understanding the reason for your refusal helps you decide your next move — whether to appeal, reapply, or seek Ministerial Intervention.
- Failure to meet Genuine Temporary Entrant (GTE) criteria: Common in student and visitor visas. The Department may believe you intend to stay permanently.
- Insufficient financial evidence: Lack of clear proof you can support yourself while in Australia.
- Inconsistent or false information: Even minor discrepancies can trigger Public Interest Criterion 4020 refusals for “false or misleading information.”
- Character issues: Failing the Character Test under Section 501 of the Migration Act.
- Health concerns: Not meeting Australia’s health requirements or not completing a medical exam on time.
- Previous visa history: Overstays, visa cancellations, or poor immigration record in any country.
- Missing documents or incomplete forms: Small omissions can result in outright refusal.
Every refusal letter includes specific reasons under the Migration Regulations 1994. These details are crucial — they guide how we build your appeal or new application.
The Legal Framework: How Refusals Are Decided
The Department of Home Affairs assesses visa applications under the Migration Act 1958 and the Migration Regulations 1994. Decision-makers use a “balance of probabilities” test, meaning they decide based on whether your claims are more likely true than not.
If the case officer believes your evidence doesn’t meet legal criteria — even if you think it’s reasonable — they must refuse your application. For example, if your financial documents don’t clearly show regular income, they may conclude you can’t support yourself in Australia.
In most cases, the decision letter will also state your review rights, if any. Onshore refusals of certain visa types (student, partner, visitor, skilled, etc.) generally have merits review rights through the Administrative Appeals Tribunal (AAT). Offshore applicants usually do not have appeal rights.
Refusal vs. Cancellation vs. Withdrawal
People often confuse these three terms. Here’s how they differ:
| Action | Meaning | When It Happens | Your Rights |
|---|---|---|---|
| Visa Refusal | Your visa application was not approved because it didn’t meet the criteria. | Before a visa is granted. | May be appealed to the AAT if applied in Australia. |
| Visa Cancellation | Your visa was granted but later cancelled due to breach of conditions or character concerns. | After visa grant. | May be appealed or reviewed; legal representation strongly recommended. |
| Visa Withdrawal | You voluntarily withdraw your visa application before a decision is made. | Before decision. | No appeal rights; may reapply depending on status. |
Step-by-Step Guide: How to Appeal a Visa Refusal
If your visa was refused while you were in Australia, you might be eligible to appeal the decision to the AAT. Timing and precision are critical. You usually have 21 days from the date of refusal to lodge your appeal.
1. Read the refusal letter carefully
It tells you why your visa was refused and whether you have appeal rights. The legal reasons — known as “decision record” — are your roadmap to building a stronger case.
2. Check your appeal eligibility
Not every refusal can be appealed. Student, partner, skilled, and some visitor visa refusals usually can; others cannot. If in doubt, seek advice immediately — even one missed deadline can end your chance to stay lawfully in Australia.
3. Lodge your appeal with the AAT
You must apply online and pay the application fee (currently AUD 3,374, with 50% refundable if successful). You’ll then receive a confirmation and hearing date.
4. Prepare supporting evidence
This is where most appeals succeed or fail. You’ll need to address the Department’s reasons point by point — with new or better evidence. For example, if refused for financial insufficiency, provide six months of consistent bank records or employer letters.
5. Attend the hearing
You’ll meet an independent Tribunal Member who will assess your evidence. Legal representation can make a significant difference — ensuring your submissions align with the Migration Regulations and that your oral evidence supports your claims.
6. Await the decision
The AAT can affirm, set aside, or remit your case. A “remit” means your case is sent back to the Department for reconsideration — often leading to visa grant.
7. If refused again — consider further options
You may seek Ministerial Intervention, judicial review, or a fresh visa application under different grounds.
Post-Refusal Options Summary
- Appeal to the AAT: 21 days deadline, review rights vary.
- Reapply: Possible if visa conditions allow.
- Ministerial Intervention: Last resort for compelling or compassionate circumstances.
- Bridging Visa: Required to stay lawful while awaiting appeal.
Checklist: What to Do Immediately After a Visa Refusal
- Read the refusal letter carefully — identify the refusal reasons.
- Note your appeal deadline — usually 21 days.
- Gather all supporting evidence.
- Seek professional advice before reapplying.
- Maintain your lawful status — apply for a Bridging Visa if required.
- Do not leave Australia without confirming your rights; departure may affect appeal eligibility.
- Prepare personal statements or witness declarations supporting your case.
- Double-check all forms and translations before resubmission.
Real Case Scenarios
Case 1: Student Visa Refused — Later Granted on Appeal
A client from Nepal had her student visa refused for failing to demonstrate genuine temporary entry. After reviewing her file, we provided stronger financial documentation, an updated Statement of Purpose, and evidence of family support. The AAT remitted her case, and the Department granted her visa.
Case 2: Partner Visa Refusal Overturned
A de facto partner visa was refused because the couple couldn’t prove 12 months of cohabitation. We submitted new evidence — joint lease agreements, shared bills, and statutory declarations from friends. The Tribunal accepted the relationship as genuine.
Case 3: Visitor Visa Reapplied After Refusal
A Filipino tourist’s visa was refused twice due to insufficient proof of return intent. On the third application, we provided employment confirmation, leave approvals, and family evidence. The visa was granted within three weeks.
Common Mistakes That Lead to Repeat Refusals
- Reapplying too quickly without addressing prior refusal reasons.
- Submitting identical or weak documentation.
- Ignoring the Genuine Temporary Entrant requirement.
- Failing to disclose previous refusals or visa history.
- Providing inconsistent statements across applications.
A well-prepared application — reviewed by an immigration lawyer — significantly increases your success rate and avoids repeat refusals that can damage your immigration history.
Why Legal Help Matters
Australian immigration law is technical. Decision-makers assess your evidence under complex provisions like Schedule 2 criteria and Public Interest Criteria. A lawyer understands how to interpret these provisions and present your case persuasively.
At MyVisa, I focus on resolving difficult refusal and cancellation cases. Whether you need to file an appeal, prepare submissions, or respond to a notice of intention to refuse, my team can assist. Having professional representation often means the difference between another refusal and a successful outcome.
If your case involves a visa cancellation or complex family situation such as a partner visa refusal, we can also review the underlying reasons and rebuild your case strategically.
Frequently Asked Questions
- Can I apply again after a visa refusal?
Yes, if your current visa status allows it and no “no further stay” condition applies. However, address all previous refusal reasons before reapplying.
- What is the deadline to appeal a refusal?
Typically 21 days from the date of decision, but always check your letter for exact timelines.
- Do I get a refund if my appeal succeeds?
Yes. The AAT refunds 50% of the application fee if you win or the decision is remitted to the Department.
- Can I stay in Australia during my appeal?
Yes, usually on a Bridging Visa that keeps you lawful while awaiting the AAT outcome.
- Can a refusal affect my future visa applications?
Yes, the Department will review your previous refusal history, especially under the Genuine Temporary Entrant criterion.
- Do I need a lawyer for my appeal?
- It’s not mandatory but highly advisable. Legal representatives ensure compliance with migration law and prepare detailed written submissions.
Book a Consultation
If your visa has been refused, you don’t have to face it alone. Understanding the law, your rights, and your options can change everything. My role is to simplify the process, protect your lawful status, and give you the best chance of approval on appeal or reapplication.
Book a consultation with me today to discuss your visa situation.
Legal Disclaimer
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa®️ Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice
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Can I Apply For An Australian Visa After Refusal?
Nilesh Nandan · May 4, 2021
Home » Immigration Guides » Can I Apply For An Australian Visa After Refusal?
On This Page…
What To Expect?
The Reason Your Visa Was Refused Or Cancelled Is Important To Your Case
Take Action Immediately After Denial Whether You’re In Australia Or Offshore
Apply For A New Visa Or File An Appeal With The Department Of Immigration Or AAT
What If My Appeals Are Denied? Do I Have Any More Options To Re-Apply Or Appeal?
It Is Possible To Apply For An Australia Visa After Refusal – Or To Win Your Appeal!
What To Expect?
If you have recently been refused an Australian visa, you may not be sure what you can do to legally migrate and settle in Australia. Can you simply fill out another visa application for a different visa? Is it possible to appeal the denial of a student visa, work visa, or any other visa in Australia?
In this guide, we’ll discuss some of the basics about what you can do after your visa has been denied by the Department of Home Affairs. Let’s get started now.
The Reason Your Visa Was Refused Or Cancelled Is Important To Your Case
The circumstances of your case are what determine whether or not you can reapply after visa refusal or visa cancellation. Your visa application can be denied for a number of reasons, but most of them fall into the following two categories:
– Non-character-related refusal or cancellation – This is the most common type of visa refusal and cancellation. For example, if you unknowingly entered false information on your application, you may be denied – or if you did not meet the criteria required for a particular type of visa, it may be refused.
In most cases, this type of refusal or cancellation will not stop you from filing future applications, though there are some notable exceptions.
– Character-related refusal or cancellation – This type of cancellation is issued if you fail the “character test,” and is a more serious issue. Meeting the character test is provided for of the Migration Act of 1958.
Essentially, it allows the government to cancel or deny a visa to anyone with an extensive criminal record, has committed criminal offences, has broken Australian migration laws, or is otherwise somehow involved in criminal acts.
It is usually more difficult to appeal a refusal or cancellation based on character-related grounds, and this denial can result in your permanent exclusion from Australia. You will usually have difficulty in getting a bridging visa while any decision is pending.
Depending on the circumstances of your case and why you were denied, you may be able to make an appeal – or in some limited access, you may be able to file a new visa application.
For example, if you lost your employer sponsorship visa, you may be able to find a new employer in Australia, obtain sponsorship, and re-apply and gain approval for your new visa. The specifics of appealing or applying for a different visa will vary, depending on your case.
Note also that if you have had a visa application refused or been subject to a visa cancellation in the past, you will be required to declare this when you are applying for future visas with the Department of Home Affairs. This could affect your eligibility for future visas – but failing to disclose past visa refusal or cancellation entirely will usually result in the denial of your visa application.
Take Action Immediately After Denial Whether You’re In Australia Or Offshore
If your visa is cancelled and you are currently living in Australia, you’ll almost always need to apply for a BVE (Bridging Visa E) right away. This visa will give you time to make the arrangements for leaving Australia – or give you time to apply for a limited group of visas. The processing time for a BVE is very short, since it’s an emergency visa – if you don’t have any visa you’ll need to be detained. There is no filing fee for making a BVE application.
A BVE may also be issued if you plan to take your cancellation case to the Administrative Appeals Tribunal (AAT), which was formerly known as the Migration Review Tribunal (MRT), or if you are seeking ministerial intervention in your case after having been to the AAT.
If you are not living in Australia, you do not need to get a BVE visa. However, you should contact a registered migration agent or immigration lawyer right away to begin exploring your options for filing an appeal – or filling out and lodging a different type of visa application.
Apply For A New Visa Or File An Appeal With The Department Of Immigration Or AAT
The proper next step depends on the reason for your visa refusal or denial. In some cases, you may simply need to fill out a fresh (possibly different) type of visa application – and you may be approved.
However, in other cases, your best option may be to work with a migration agent or immigration later lawyer in Australia to appeal your case. Most visa types lodged onshore or if lodged offshore with a sponsorship or nomination involved will allow you to file an appeal with the Department of Immigration.
Filing an appeal in the case of a visa cancellation based on character, there might be an opportunity to have the cancellation decision revoked. This typically involves sending more information about your application to the Department of Home Affairs. Then, your application will be reviewed, and the person reviewing it will make a decision on whether or not your visa was cancelled in error or if there are other reasons why the cancellation decision should be reversed.
If you have applied for a visa in Australia and that visa application is refused then will you please have an opportunity to have that position reviewed via tribunal. You have one more chance to convince a decision maker that you meet the criteria to allow a visa to be granted to you. You might send an appeal to the Administrative Appeals Tribunal. Note that the AAT cannot grant visas. Instead, it will examine your case, and decide whether or not the criteria for granting a visa are satisfied.
Then, the AAT will either find in favour of the Department of Immigration and confirm its decision – or it will find that you did meet the criteria of the visa, and the Department of Immigration will then have to further consider your application with the findings of the AAT in mind. In most cases, this means that you will be approved for the visa.
What If My Appeals Are Denied? Do I Have Any More Options To Re-Apply Or Appeal?
Usually, there are two options. First, you can appeal for ministerial intervention – if your circumstances are very unique and exceptional, you may be able to get help directly from the Minister, but this happens quite rarely.
Another option is to work with an experienced migration agent to scrutinise the decision of the AAT, and identify legal errors that may invalidate the decision. This is an area in which MyVisa® Immigration Advisory specialises. If it can be argued that the AAT decision was in error, a Federal Court Circuit judge may quash their decision – which means the tribunal will need to make another decision, but this time in accordance with law.
Our practice has had tremendous success in scrutinising decision making by members of the AAT review of finding an error in their decision-making process so that orders can be obtained from Federal Circuit Court judges which quash the AAT decision and order them to re-make a decision. This re-making of a decision is done by a fresh tribunal looking at all of the information about your case from the beginning.
It Is Possible To Apply For An Australia Visa After Refusal – Or To Win Your Appeal!
Your personal circumstances will dictate which option is best for you. In some cases, you may be able to legally immigrate by simply choosing a different type of Australian visa – but in others, you may need to appeal the decision of the Department of Home Affairs.
To find out which option is right for you, get in touch with Nilesh Nandan at MyVisa Immigration Advisory for a case review and discussion about your options. Together, we can determine the best path forward if you have been subjected to visa cancellation or refusal in Australia. Contact us online now to get started.
Immigration Guides
Reader Interactions
Comments
Lloyd says
May 23, 2022 at 2:00 pm
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
Reply
Nilesh Nandan says
May 24, 2022 at 4:00 pm
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
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Rey says
May 21, 2022 at 6:37 pm
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.
Reply
Nilesh Nandan says
May 21, 2022 at 7:36 pm
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
Reply
Anthony Donguya says
May 20, 2022 at 12:57 am
Hi Can I apply another visa like skilled independent visa after refusal?
Reply
Nilesh Nandan says
May 21, 2022 at 4:12 pm
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?
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Akpede funmilayo says
May 23, 2022 at 8:37 pm
Pls is it possible to sue an education agent for negligence and errors leading to my visa refusal ?
Reply
Nilesh Nandan says
May 24, 2022 at 3:59 pm
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.
Reply
Robbie says
June 1, 2022 at 1:19 am
Your comment is awaiting moderation.
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!
My ETA visa is refused. can i make an appeal for that type of visa? Or i need to make a new ETA visa application?
Hi there,
My partner is bulgarian and he applied for an eVisa.
He has been unemployed for only 2 months and has sufficient funds to support himself during his visit.
He however made the mistake of selecting that I would support him- and i dont think the Department of Home affairs liked that, after he chose this option they didnt ask him for any proof of his funds. So they refused his visa on the grounds that they think he will stay and has no funds.
Can he reapply and this time select he will support himself and then attach his proof of funds? Is this the best way to go forward for his visa to hopefully be approved?
my friend visitor visa from nepal was rejected 2 Years ago.Can i reapply now.
Hi sir! How can I apply for a student visa after getting refused way back in 2013?
Or is it best if I apply for a new visa?
Hi there! I recently had my subclass 801 residence visa (defacto) refused as a result of my ex partner contacting immigration right before I was due my PR and telling them we had broken up after an argument we had.
I had my TR granted back in 2018 and have been waiting for an answer since then. I am 6 months into my enrolled nurse degree and wondered if there’s a chance I can apply for a student visa to continue my studies whilst still in Australia after a visa has been refused?
Hi Nilesh
I applied for visitor visa twice, subclass 600, 3 years ago but they did not grant me, and both times the reason of refusal was, In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration Regulations is satisfied, you didn’t make us sure that you will come back to your home country. Even I had invitation letter from my friend who lives in perth Australia on PR. Kindly suggest me what should I do so that they will grant visa. Thanks