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Australian Visa Refusal and Cancellation: What You Need to Know

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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

  1. Review the Refusal Notice: Understand the specific reasons for your visa refusal.
  2. Address the Issues: Gather and provide the necessary documentation to rectify the reasons for refusal.
  3. Seek Professional Advice: Consider consulting with a migration lawyer to guide you through the reapplication process.
  4.  

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.

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Nilesh Nandan

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.

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665 Responses

  1. Hi there,
    I’m Australian but my Canadian partner has an outstanding lodgement with the ATO from his time there a few years back on a working holiday permit. He hasn’t lodged the return and there’s no current debt on his ATO account (but there will be once he lodges).

    – Will his visa get rejected if he has one unlodged return but no payable amounts yet?
    – How long do Canadians usually wait for the approval of a tourist visa 600?

    We have flights to go in November so I’d like to get this sorted.

    1. Hi Susan

      Thank you for a very simple set of questions. I appear to have all the information I need to give you some guidance. Mostly I get questions without enough information so thank you!

      In answer to your first question I don’t expect any problems if the tax return is not lodged at the present time. In relation to your second question please refer to the following link regularly as the processing times do get updated by the department on a regular basis.

      https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

      *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
      myvisa.com.au/about/
      1300558472

  2. Hello,

    I am on Entertainment visa subclass 408 and it has 14 days left to expire.
    Can I apply for onshore student visa?
    What are the chances of getting the student visa?

    1. Frank

      *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.

      I’m not aware of any impediment for you lodging a student Visa provided you the other holder of a substantive Visa. Of course you will need to have a statement of purpose that is satisfactory as well as convince of decision-making that you are a genuine temporary entrant. It is necessary to obtain a confirmation of enrolment And submit this at the time of lodging a student Visa application. You should also be aware of the obligation to provide satisfactory information in relation to your finances proposed to support your application and stay in Australia as a student. Your immigration history will also be relevant.

      Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours!

      ​Regards​

      Nilesh Nandan
      BBus(Accy) LLB(QUT) MBA(IntBus)
      Immigration Lawyer | Special Counsel
      MyVisa® Immigration Law Advisory
      myvisa.com.au/about/
      1300558472

  3. My medical treatment visa application was refused because of insufficient funds to take care of my medical expenses.

    Reasons I have assessed the application and the reasons for my decision are detailed below. A valid application for a Medical Treatment visa has been made by the applicant. A visa cannot be granted unless the relevant criteria set out in the Migration Act and the Migration Regulations are satisfied..

    In this case, I am not satisfied that clause 602.216 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: 602.216 (1) The applicant has: (a) (b) adequate means to support himself or herself; or access to adequate means to support himself or herself; during the period of the applicant’s intended stay in Australia. (2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant. Clause 602.216 in Schedule 2 of the Migration Regulations is a criterion that must be satisfied. It states that the requirements of either subclauses (1)(a) or (1)(b) must be met in order for a visa to be granted.

    The applicant provided bank statements from a sponsor for the applicant’s medical treatment. The applicant required AUD 15 500 for his appointment and surgery at Sydney Retina Clinic and also sufficient funds to support his one month stay in Australia. It is noted that the balance on the bank statement of the sponsor drops to low amounts and then a large deposit was made. There is no proof of the source of the deposit or that the level of funds will be maintained. I am not satisfied that the applicant will have access to Access to adequate means to cover the costs of the treatment in Australia and to support period of stay in Australia.

    CAN I REAPPLY?

  4. We applied tourist visa of our parents but its denied because they will not accepted the spon son in law? There’s any chance can appeal this one? Thank you

    1. Thank you very much for this question.

      *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.

      Have you considered lodging a fresh application with the correct sponsor nominated as the sponsor in the new application?

      I think lodging a fresh application in the circumstances would be preferable to lodging any appeal.

      Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute

      Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours!

      ​Regards​

      Nilesh Nandan
      BBus(Accy) LLB(QUT) MBA(IntBus)
      Immigration Lawyer | Special Counsel
      MyVisa® Immigration Law Advisory
      myvisa.com.au/about/
      1300558472

  5. My visa has beed refused few days ago. And they said they cannot consider my visa application any further. Can i apply for visa again? How many days i have to wait for new visa submission?

    1. If you are overseas and you have applied for a visitor Visa or a student Visa then it is likely that you will not have any appeal rights and you can immediately reapply. If however you are inside Australia then it is likely that your refusal will prohibit you from making most other Visa applications whilst you are inside Australia, although a limited number of visas can be applied for whilst inside Australia. Note that you may have a right of appeal to the tribunal and usually if you are in Australia at the time of decision then you will have a window of 21 days in which to make an application for review to the tribunal.

      This is the case we should get some specific advice particularly if you are inside Australia at the present time.

      I hope this helps!

      *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
      myvisa.com.au/about/
      1300558472

  6. Hello..my visa application for tourist were denied due to my status as unemployed….they think i might not comehome …i didnt give assurance on my application that i have my 91years old mother here in philippines to be care of…..can i have appeal for it?

    1. *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.

      You can only appeal a sponsored family visitor Visa. If it is simply a visitor Visa without any sponsorship and your overseas then there is no appeal right. It is not such a big problem because nothing is stopping you from making a fresh application providing the complete and correct information. Please be aware that having a grandmother you’re taking care of is not conclusive evidence that you will go back to the Philippines. I expect that you may have other challenges in proving that you are a genuine temporary entrant. Each case is different.

      I do wish you the very best with the next application.

      Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours!

      ​Regards​

      Nilesh Nandan
      BBus(Accy) LLB(QUT) MBA(IntBus)
      Immigration Lawyer | Special Counsel
      MyVisa® Immigration Law Advisory
      myvisa.com.au/about/
      1300558472

  7. Hi,

    I got my SECOND WORKING HOLIDAY VISA refused becouse the payslips and other documents I used to apply for weren’t in the right format to prove the job I did.
    Can I apply again with new proper documents?

    Thank you.

    1. *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.

      Two thoughts immediately come to my mind.

      Firstly whether or not you provided for some misleading information in relation to the first application in which case you might suffer an exclusion period because of the operation of what is called PIC 4020.

      The second thing that comes to mind is that you might be prohibited from making a further application for this type of Visa in Australia if you are caught by the operation of section 48 of the migration act. Do you hold a substantive Visa now or a bridging Visa? If you hold a bridging Visa now then you’re not able to lodge any fresh application for a work and holiday Visa in Australia. Of course are the eligibility criteria for a second 417 Visa will need to be met.

      Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours!

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