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
My partner Applied for 482 medium term temporary skill shortage visa in Janurary 2022 ( I went as his partner on it) and we have just been notified that it has been refused and we have 28 days to respond or withdraw application. We are currently in Australia on Bridging visa. I tried to apply for my 2nd WHV however it will not allow me. What can I do? Or why won’t it allow me?
Hi
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 think what you meant to say is that the nomination application has been refused and they have given you an opportunity to withdraw the application for the 482 Visa which also must be refused to now given that the nomination has failed?
2. if I have misunderstood you and before 82 Visa it self has been refused then you will be subject to the provision known as section 48 of the migration act. This provision Astrix what other visas you are able to make a valid application for whilst you are still inside Australia.
3. If your application has not been refused and be also aware that the provisions of schedule three of the migration act which require you to make most substantive Visa applications within 28 days of the expiry of a substantive Visa, will ordinarily apply to you. The effect would be that unless you’re able to overcome schedule three with a waiver submission, If indeed one is available for the Visa you next wish to apply for, your next application will be refused.
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.
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Do the applicant need to resubmit biometrics for 2nd time re-application, if first time application has been rejected? The biometrics have been given recently. It is for visitor 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. The scrutiny of biometrics is related to one’s identity. I can see good reason why the departmental decision-maker would request fresh biometrics to be undertaken in respect of any new application.
2. You will know soon enough whether or not they require a fresh biometric test. The repeat request could possibly be challenged at the time of any such request.
3. I understand that getting re-tested in terms of biometrics can be a great financial imposition, especially if one needs to travel a great distance to have this testing completed, but be careful of raising the issue of financial hardship as it may compromise your claims to be a genuine temporary entrant and one who has financial capacity to visit Australia…and then question sufficient incentive to exit prior to the expiry of any visa granted.
*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
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
How can I reapply for student VISA
Hi Rigzin
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.
*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.
1. There is no waiting period you can apply again straight away.
2. Be sure to make sure that no supporting material in this new application is inconsistent with the supporting material provided earlier all of course send as much additional information as you can to address the concerns raised in the prior student Visa refusal.
3. Make sure to make the express reference to the earlier Refusal and to not proceed on the basis that the earlier refusal did not exist. They will know and it will be very bad for your credibility if you omit to declare it – as unfortunately many many stupid Visa applicants for Australia tend to do.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia – couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
Hi Akash
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.
*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.
1. Some Australian decisionmaker simply don’t get how important the matches are in Australia this summer particularly the India Pakistan match. This is very frustrating not just for your family but for other Abbott cricket lovers around the world. Australia needs to wake up to the fact that people want to come here to visit only and to return after their visit and the very good reason for their visit is to watch is excellent matches on Australian pitches.
2. It appears you have done the correct application. Unfortunately your only recourse at the present time is to redo the applications admittedly with additional fees but on this next occasion to ensure that you address the very crucial issue and that is that you have no intention to not comply with the temporary nature of the visitor Visa. Unfortunately there is a large cohort of travellers to Australia who use the World Cup and similar events to secure a Visa and then over stay without having any intention of returning from the very beginning.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia – couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
This appears to have been a duplicate question on this website and has been already answered.
Hello Sir,
I am from India. 2 of my friends and myself have planned for the t20 Worldcup in Australia, set to begin in october.
We have our Match tickets booked, Flights with return booked, Hotel acomodation booked as well.
We had submitted all these proofs and yet our visa has been rejected. We are working in Chennai, India in reputed firms.
Please advise
Hi Ashwath
I have already answered similar questions from many cricket fans in this thread. Please review and if you have any unique question then please take post it here provided it is unique.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hi Nilesh,
I hope you’re doing well.
My husband applied for visitor visa from India to join me on my graduation ceremony in December and it got refused after a week of filing visa.
The reason is, immigration department thinks he does not have a strong reason to go back to India.
What should I do? I really want him here with me on my graduation.
Hi Mahak
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.
*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.
1. I do understand your kindness to have your father attend your graduation ceremony. Equally IMMIGRATION must be sure that your father intense to return after the short visit.
2. As you have a refusal then it is clear that a conclusion has been drawn that your father will overstay or at the risk that he might overstay is at such a level that it is unacceptable for the decision maker.
3. There is nothing stopping you from making a further application with further supporting material. The material should provide new and well argued points as to why it is unrealistic for the conclusion that he will overstay to be made on this new Visa application. You should read carefully the letter sent to you as it will give you clues as to what concerns the delegate has. Be also very careful to make sure that no new information is inconsistent with information previously provided and of course be sure to acknowledge the prior Refusal rather than sweep it under the table as IMMIGRATION will definitely know that you have been previously refused a Visa for him.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute