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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 there!

    I applied for a second year working holiday visa (after completing my farm work) in 2019.

    The visa was rejected because when attaching evidence, I accidentally attached a working reference which was not my farm work. I basically also had a part time job working at the farmers restaurant to earn more money.

    The document from immigration said that my evidence – working reference, contradicted what I stated my farm work was and the restaurant job was not classed as farm work. It was a mistake by me to attach the reference.

    The visa was denied without appeal – I wanted to contest this and was told I would have a good case, but it was the first week of covid and i was forced to leave Australia.

    Would it be possible to try to reapply for the 2nd year WH visa now two years later?
    I DID complete all of my farm work. During my farm work I just also worked part time at a restaurant – and this was the working reference I attached by mistake.

    Thank you!

  2. I and my wife have received tourist visa for Australia but my minor son visa is still not issued. What is the possibility.

  3. Hello sir, I have applied for student visa with dependent recently and I got visa refusal. They have mentioned reason ‘ incentives to return home country was not strong’. But I have mention all the reason strongly.
    And other things is I have a concern after graduation in 2017 I have change my job three time.So, may be that is the reason behind my visa refusal.
    Or my husband he is working in japan from the last five years so, to take him as my dependent is the reason for my refusal.

    It would be great help if you clarify my following doubts.
    1.Will it affect visa if applicant change job three time ?
    2. Will it affect if the dependent works in japan or abroad for longer periods of time and apply for dependent visa ?
    3.Can I reapply my student visa again ?

    Will be looking forward for your suggestions and reply.
    Thank you.

  4. Hi there, my partner was refused a tourist visa to Australia. He is Indian and currently not working- he’s just finished a uni degree. He had evidence of funds in the bank to cover his trip, as well as documentation from India proving he had family ties and responsibilities to return to. I showed proof of my income and sent a stat dec stating that he was coming as my guest and would live in my house while he was here, and that while he had money in the bank, I would financially support him for the time he was here. We applied for a tourist visa for a 3 week period. The reason given for refusal was that the department did not believe he had a genuine intent to return to India and while i had said i would support him financially, it was ultimately his responsibility to support himself. Which i find strange considering he had proof he had a few thousand dollars in the bank and only applied to come for 3 weeks. I’m so angry about this decision and am wondering: will it affect him applying for a tourist visa again? or a working holiday visa? he is 28 so could apply for a working holiday visa but I’m worried the tourist visa rejection will mean he will be rejected again. thanks

  5. My application for australian tourist visa has been denied for the reason being i did not declare any family member at my usual residence. I am a single expat with a valid working visa at country lets just refer to as “A” which i declared as my usual residence. I am on a bachelor status thus no family with me. My application was greatly misunderstood.

    How many days from the day of refusal can i re apply? I wanted to opt for an appeal but it’s very costly. Your thoughts? Thanks in advance

  6. Hi . I apply for Australia Tourist Visa got Refusal after 3 days , as i did mention i plan to attend a Convention and holidays as the same time . They though Im going there for work so they refusal my application .. and cannot consider my Visa application further and also doubt that i have sufficient incentive (even i give my bank statement and credit Card limit which quite high in Aussie Dollar )… Which They ar refusa my application base on 601.212(a) or 601.212(b) .. can i apply a new Visa or Appeal ? can i still make appeal ?

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