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, I have recently done my medical assessment as part of my Post graduate work visa 485. We are a couple with a child aged 3 years old. My daughter has a speech delay and the doctor noted about her speech delay in her medical assessment with Bupa. Is it going to be an issue for our visa? Is it going to be a reason for refusing our visa?
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. 485 has no health waiver. You’ll need to get lots of evidence that the health criteria is in fact met. Eg prove no undue cost or prejudice.
2. You’ll need to meet the health criteria as there is no scope for waiver.
3. If one family member fails the health criteria, all will fail and the visa will be refused for all.
*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.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Hi if i had 461 Visa justgot refused , can i still able to apply for 189 Visa New Zealand stream onshore as a dependent applicant? Please
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. No. Because you are caught by the operation of section 48 of the migration act. A 189 Visa is not permitted if you are the holder of a bridging Visa at the present time.
2. Did you appeal the 461 Refusal? Make sure you do not miss any deadline.
3. If you hold a Bridging Visa “B” Class (Subclass 020) to exit Australia for a short period, you might consider making a 189 application from outside of Australia.
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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
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1300558472
Hellow sir!
I have applied a visitor visa 600 ( tourist stream) on last may. Today i received the rejection mentioning like i don’t have enough bond to come back to my home country sri lanka. my husband is a Australian citizen also our partner visa also on processing. We have provided all the supportive documents as well but without my financial status in sri lanka. Can we reapply again by providing that documents?
Thank you
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. If you had lodged your application for a partner Visa inside Australia there might be scope to lodge an application for a bridging Visa in association with that onshore application.
2. If the application you lodged was made offshore then no bridging Visa in association with that application as possible and you will need to consider getting a bridging visa in association with your application for review at the tribunal in respect of the decision to refuse your visitor Visa, assuming of course that you are inside Australia at the time of decision and the time of application to the tribunal.
3. If you want to invest a duplicate amount in terms of the partner Visa application fee then you should also explore the scope for making an application inside Australia for a partner Visa which does not prejudice your previous application for a partner Visa assuming the previous application was made while you were outside 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.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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1300558472
Hello sir. I and my husband applied for Australian visitor visa to my brother who is not student visa. Our visas have got refused. The agent did not add the statements as well as details of my PF account. He said only certificates will work. Also, we have added only 1 year ITR’s. We both are teachers with tue salary of 30 K each. Now. My parents also have the visa of Australia. Can I apply my visa again? The reason of refusal was we will not return back. Also, should I apply alone or for both?
Hlo sir my student visa of australia has been refused last week . They put this reason that you are going to settle over there . Please tell me can I reapply for australia and if I can then in which visa I can apply
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Yes, you can reapply whilst you are overseas.
2. You will need to make a stronger application addressing the reasons for refusal provided to you in the decision record you must’ve received.
3. You can reapply immediately and make the same application you made on the previous occasion ie. subclass 500 Student visa.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Hello, I was denied tourist visa and now I m going to apply student visa . Is it important to declare refusal?
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Are you nuts? Of course you must disclose your prior Visa refusal!
2. Did you lie in your previous visa application? If you did then you need to get some advice about this issue as the new application will be compared with the old application in terms of the information provided then and now.
3. There is a real risk that your next application for a student Visa will have challenges given the refusal of the visitor visa so make sure that you address all the issues pertaining to being a genuine temporary entrant thoroughly.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Hi, I had recently applied ETA 601 visa but was rejected twice ( for not meeting the genuine temporary entrant), I had previously studied in Australia for over two years, my purpose of entry is to attend my upcoming university graduation (a highly reputable university in Melb) and a short trip with my family members. I had attached documents in addition to passport and ID as below:
-3 months bank statements (about $70k AUD funding from parents)
-Financial sponsorship declaration letter
– Graduation letter issued by Uni
– Proof of course qualification document
– Copy of Employment offer letter in my home country
– Birth certificate ( showing ties to home country)
– Itinerary plan/list
– Form 1554 ( Showing that I will be staying over a friend house)
– Cover letter demonstrating my intention of travelling to Australia.
Note: I have never had any misconduct or convictions in Australia, or breached the conditions of student visa during the time, or any outstanding tax balance.
Given this circumstance, would you recommend re apply again, if yes, what other documents should I present to corroborate my purpose of travelling to 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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. It is realistically quite difficult to recover after two visa refusals for the same class of visa and within a short period of time.
2. I feel the pain and frustration you must have for not being able to return to Australia after having spent so much money in your education here, in order to attend your graduation ceremony. Whilst I don’t want to tell you how to suck eggs, you should’ve given thought to making an application inside of Australia after you finished studying so that whether or not that application was approved you would’ve had a basis for staying in Australia until your graduation. Of course, we can not go back in time.
3. While you have shared with me an extensive list of materials you have previously provided or propose to provide, it is not the purpose of this post to determine what else might be necessary in relation to your particular application. You may have different circumstances and a different profile to the next applicant and the question of what else could be provided in terms of documents or arguments is very much dependent on who you are and what you’ve done in the past.
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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! https://Buymeacoffee.Com/NileshNandan
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472