How to Apply for an Australian Visa after Being Refused?

Has your Australia visa been refused? Do you want to file an appeal against it and reapply? Visa refusal doesn’t have to be traumatic and does not make you ineligible to apply for an Australian visa again. If you have had a visa application rejected or refused, we can help. Connect with Australia is a MARA- registered visa agent in Melbourne that provides assistance and advice to migrants from around the world on Australian immigration requirements and visa lodging.

Filing an Appeal with the Immigration or Administrative Appeals Tribunal

If your student visa in Australia or any other category visa has been refused you can file an appeal with the department of home affairs, or the AAT, as the case may be. The visa refusal generally specifies the time for the appeal. Please bear in mind that the appeal must be filed within the specific time frame.

You can file an appeal with the department of home affairs or AAT against the visa refusal through your visa agent or attorney. The agent or agency representing you must be well-versed in every aspect of the Australian immigration requirements and visa application process to successfully represent you and argue your case. This way, you have a higher chance of the refusal being overturned and you receiving a visa.

  • Bridging Visa

    You should also apply for a bridging visa that helps you to make preparations for your exit from Australia. The bridging visa may also help you to stay in Australia, while your appeal is being considered by the department of immigration and AAT. Please note that this is on a case-to-case basis and you need the professional guidance of an experienced visa agent for this.

  • Who can Appeal?

    You can appeal based on reasons for the visa refusal and in some cases may be able to apply for a fresh application. However, this is case-specific and you need to consult an experienced visa agent or attorney for the same. You can always reach out to our agents for a better understanding of your case and the options available to you.

  • Lodging a Fresh Application

    Depending on your specific case and the reasons for visa denial, you may be eligible to apply for a fresh application. You can apply under a different category, according to the advice of your visa agent and may get approved. This is a really common issue as applicants have accidentally filed for visas under a category that may not have been eligible for. To avoid such problems, we recommend that you always take the help of registered migration agents right from the start.

Visa Refusal: Disclosure and Reapplication

Do not hide any visa refusals or visa cancellations of the past as this may be counter-productive. You must include the details of any visa refusal or visa cancellations in the past when you file an appeal or lodge a fresh application. While the visa refusal or cancellation may affect the result of your appeal or new application, hiding it will lead to more serious consequences. It is best to be honest and upfront about these facts as the department of immigration is bound to find out about it anyway.

  • Visa Refusal vs Visa Cancellation

    There is a difference between visa refusal and visa cancellation that needs to be cleared. Visa refusal is when you file for a visa and it is not granted by the department of home affairs for any reason. On the other hand, visa cancellation is when you have already been granted a visa but it is cancelled by the department later on.

    Visa refusal can happen for a variety of reasons, such as:

    • Incomplete application
    • Missing documents
    • Invalid or expired passport
    • An application under the wrong category
    • Lack of supporting documentation
    • Lack of financial proof documents
    • Fraudulent documents
    • Failure to meet character requirements
    • Failure to meet health requirements
    • Not answering requests for additional information or documents

    Visa cancellation usually happens because of:

    • Violation of visa conditions
    • Providing false information
    • You asked for visa cancellation
    • Character issues

  • Complicated and Challenging Cases

    Character issues or criminal conduct is a serious matter and a visa refusal on such grounds can be tough to appeal. In case of visa cancellation on these grounds, the holder or applicant faces permanent exclusion from Australia, detention and no bridging visa.

  • Options after Visa Refusal

    If your appeal has been declined by the department of home affairs and AAT, there are a few options still available. You can:

    • Appeal to the concerned minister for ministerial intervention
    • File an appeal with the Federal Circuit court or family court of Australia

  • Filing Deadlines

    You must follow and meet the deadlines in every stage of your appeal process. In case you miss the specified deadline, it may impact your ability to successfully contest or appeal against the visa refusal. You can check the deadlines with your migration agent and follow their advice on appealing.

Get Professional Help to Appeal Visa Refusal Today

Connect with Australia is a registered migration agent in Melbourne that can assist you in filing an appeal against visa refusal. Our agents have extensive experience in dealing with visa refusals and successfully represented our clients in both appeals and lodging fresh visa applicants. We will explore every available option available to ensure a successful appeal or a fresh application, as the case may be.

You can call us on 0413 441 213 to discuss your case and to book a consultation with our visa experts today. Alternatively, you may also write to us at info@connectwithaustralia.com.au.