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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.
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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.

Australia’s Highest Rated Immigration Lawyer

I offer expert guidance with practical advice every step of the way.

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665 Responses

  1. Hi Nilesh,

    My partner got invited to apply for 189 visa this week,

    but when we started the application on page 7, we got an issue message for my self is the following: “The applicant ‘ My name’ is not eligible to be included as a family member due to one of the following issues:
    – They have a previous visa cancellation
    -They don’t hold an appropriate visa
    -They have a condition in the current visa
    -Their location can’t be confirmed
    The application will not be able to continue until the family member that is not eligible is removed from the application. The applicant should review the eligibility information on our website. ”
    We “including my partner” are currently in Australia on Bridging visa A for 485 visa.
    Please note, that I had a refusal visa for 485 visas in 2019, because I applied after the 6 months period. But, then I applied for a student visa to continue my master’s degree which has been successfully granted and expired in March 2022.

    Is this issue can be fixed?

  2. Hello Nilesh,

    I and my wife applied for visitor visa subclass 600 for World Cup and got refusal on 26th Aug 2022 with reason economical conditions.

    I want to re-apply for the same. Can you confirm the success rate of getting visitor visa if in case i re-apply for me only or with family again.

    What do you suggest on above that i should apply for me only or can re-apply with my family?

    Regards,
    Gourav Batra

  3. Hi there i went to australia on 2018 jan while holding visit visa after that i applied bridging to stay and permanently exited from australia so can i apply visit visa again

  4. Hi sir, I wonder if you could help, give advice on my partners and I circumstance. Her visa was refused due to not showing she has any economic reason to return to Bali, as she is unemployed there and currently on a holiday visa there in Bali. The details are
    Applied: 04/07/2022
    Notification of refusal: 26/08/2022
    Visa: tourist 600
    Length: 3 months, single entry

    I am Australian citizen and my partner is Russian living in Bali; Indonesia. She currently is unemployed and I’m am fully employed with a major airline in Australia as a pilot.

    We supplied all documents
    -her passport
    -birth certificate
    -photo
    -previous travel history visa in her passport
    -current visa in Bali
    -ownership of house in Russia
    -my letter of invitation
    -planned tourist activities letter
    -my passport
    -proof of my residential address (utility bill and tenancy agreement)
    -4 months pay slips

    Can you provide any advice on what best to do next who in this situation with regards next application and how to make it better to be successful. Should we register the relationship and do a sponsored visa (is that possible?), or any other visa considering this end considering she is unemployed and I stated I would be supporting her while she is her financially (living with me, paying for her and she also stated she does have funds as well).

    Thank you

  5. Hi siir in 2017 i habe travelled to australia while holding tourist visa so i have applied bridging visa after applying bridging visa within 7 months i have travelled 2 times to india while having bridging b later again in 2018 i have travelled india again but in 2021 due to health worst conditions have exited from australia without informing immigration and left to india so can i apply tourist visa again or after marriage with dependent of wife i can travel to australia ?

  6. Hi sir,

    My partner visa was refused on grounds of insufficient evidence of the relationship. We are engaged to be married, and about to lodge our NOIM before getting this news.

    Am I still able to apply for something like a working holiday or student visa despite my rejection? This way we would have time to get married and try again for a partner visa in the future?
    Or are we better off trying to appeal our case? If the appeal fails, how soon after rejection can you apply for another partner visa?

    Kindest regards,
    Zoe

  7. sir,
    I recently faced refusal from australia on 24 august 2022 (visa subclass 600 visitor) and I declare to travel from 15 July to 29 July 2022, ,now the date alrdy expired. they not satisfied that I meets the relevant criteria in clause 600.21. can I reapply again . Is it possible to reapply for australia.

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