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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 sir i applied for 600 tourist visa of my famiy and todaybi got refusal…i hav attached so many documents and proper evidence of everything…can i re apply .for tourist visa?

    Reply

  2. Hi Nilesh,

    I applied 485 in 2021 Jan, Home affair request medical in Aug 2021, due to lockdown I got appointment on 14 april 2022.
    On 12 April 2022, I tested positive to Covid so I have rescheduled the appointment to 20 May 22. On 19 may, department refused my application, applied AAT.
    AAT advised department to activate my HAP ID. Medicals done on 7 June 22
    Waiting for the decision, how long will it take for the decision ?
    Can I apply for 190?

    Thanks in advance

    Reply

    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.

      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. I have no idea how long it will take for the AAT to make a decision in these particular circumstances. It could be several months and it could be with the need for a hearing or it could be simply disposed of without any hearing. You can write to the Tribunal and confirm with them that the medicals have been done and request them to make a decision “on the papers” which means without a hearing, provided you are absolutely sure that there is no other issue adverse to your application.

      2. Be very careful that the health issue is the only issue because it is open to the Tribunal to refuse the application for another reason not simply the failure to meet the health criteria in the initial application.

      3. Yes you can lodge a subclass 190 application as this is one of the limited class of applications you are now able to lodge even though you hold a bridging Visa and since last arriving in Australia you have been refused to Visa.

      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

      Reply

  3. I went to Australia in 2007 for diploma in IT leading to bachelor course. After completing I joined for bacholer and before completion 1st semester I changed to diploma of management leading to bachelor while studing due to back pain health issue I returned back to my home country in 2010 without completing and never returned to australia. After returning I joined bacholer and completed sucessfully and working from 2015 till date and last march 2022 I have applied for student visa with my spouse and got rejected in which office mentioned that due to course change from bachelor to diploma which shows intention to live in Australia my visa was rejected. But if that was my intenstion i won’t returned at that time. Right now my query is that can I apply again for student visa or not and what will be chances of getting visa. and any option to apply for sutudent visa with spouse in australia.

    Reply

    1. 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. There is nothing stopping you from making a further application from offshore for another student Visa either as the primary applicant or the dependent of your spouse.

      2. I get the point you are making about genuine intention. This can be quite problematic and it is farcical to say that all of the people who are granted temporary visa for Australia are granted in the absence of any intention to then make an application for permanent residence. The fact of the matter is every student coming to Australia does in fact want or have some broader hope to have an opportunity to make a permanent residence Visa application if they could do so. Following this logic every temporary entrant on a student Visa should denied the Visa because I have this other ancillary intention for permanent residence. Laughable isn’t it!

      3. There might be different ways for you to get a Visa for coming to Australia and you need to weigh up whether the path of least resistance is for your partner to be the primary applicant or for you to be the primary applicant. There are multiple considerations here and you should think about this decision as the biggest decision you need to make at the present time.

      *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.

      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

      Reply

      1. Hi Sir,

        Good day!i got faced refusal from australia today 2nd of September 2022 (visitor visa 600) and now i want to reapply again for australia. Is it possible to reapply for australia.

  4. 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 due to not being economically stable here. Also, should I apply alone or for both?

    Reply

    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.

      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 apply for another visitor Visa again.

      2. There is a risk that a new application for a visitor Visa will be refused unless the application is of course stronger than the previous application and addresses any issues which have been raised by the decision-maker in the application that has just been refused.

      3. There is no waiting period for making a further application for a visitor Visa from outside of Australia and you can do this immediately.

      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

      Reply

  5. I m Australian citizen and I applied tourist visa for my brother, but got refusal due to ( visa application form and the supporting documents. I find that the information provided
    is not sufficient to satisfy me of your genuine temporary stay intention, and you have not demonstrated that you have sufficiently strong commitments in India that would be an incentive for you to return to India.
    More specifically, I have considered your economic circumstances and find that your claimed income cannot be considered significant in the context of overall economic/employment conditions and cost of living in India. As such, it cannot be considered a strong incentive to return to India at the end of your proposed stay in Australia.
    I note that you have provided further evidence of financial support from your relative in Australia. While I have taken the offer of support into consideration, I have attached less weight to this evidence as this is not in of itself sufficient evidence of a genuine visit. The onus is on you to provide evidence of your circumstances in India that would demonstrate that intention.)
    I did show $25000 from Australia and 4 lacs from india. Rest, what ever agent told me, means documents, i provided, still got refusal.
    Can we apply again tourist visa? How long after i can apply?

    Reply

    2. Hi Sir,
      I got exactly the same case and same comments from the decision maker. My brother is in Nepal but the decision maker mentioned didn’t find the genuine reason to come back India. Instead of Nepal she was mentioning India everytime. Do i have to wait to apply again? He will be here for like 1 month .On my next application can i assure that he will.leave australia and happy to put security bond as well. I will.be happy to know what other things do i have to be alert on next application.
      Thank

      Reply

    3. Hi Sir
      This is exactly the same case that happened to me and the comment made by the decision maker is exactly the same as well. My brother is in Nepal but everytime decesion maker was mentioning India. She also mentioned she didnt find the genuine reason to return to india but my brother is in Nepal. Do i have to wait to apply again? He will stay for only 1 month to celebrate the festival and he will return back to Nepal. While reapplying can i assure i am happy to.deposit security bond until he returns back. Can you please what you suggest about it?
      Thank you

      Reply

  6. I have nothing to share as such but it makes me so happy to see people like you helping out needy ones. You are amazing.

    Haha I can you buy you 10 cups of coffee 😂

    Reply

  7. My 461 visa was refused for administrative reasons, would I be able to apply for a Working Holiday Visa (417) offshore or would I be ineligible due to the previous refusal?

    Thanks

    Reply

    1. 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. The fact of refusal will not affect any offshore application.

      2. Why not appeal the 461 refusal?

      3. Are you eligible for the 417 offshore. Eg age?

      *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.

      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

      Reply

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