Can I Reapply if My Visa Is Refused?


Several factors impact whether an applicant can reapply for their refused visa.

When a visa application is refused, the Department of Home Affairs (Department) will provide a Notice of Visa Refusal and a Decision Record to the visa applicant. This will include:

  1. The reason(s) for the visa refusal; and
  2. Options available to the visa applicant.


Reapplying for a Refused Visa


To determine if the applicant can reapply for their refused visa, the applicant must first understand the reasons why the visa application was refused and ensure that they meet the eligibility criteria.


Visa Refusal Appeal in Australia


In some instances, individuals that no longer hold a substantive visa and who have had a visa refused in Australia (while they are onshore) are likely to be Section 48 Barred, meaning they are prevented from applying for certain visas.

Barred individuals may still meet the eligibility criteria for other visa types, such as:

  • Partner visas;
  • Protection visas;
  • Medical treatment visas;
  • Skilled visas;
  • and more.

It is essential to consider the best visa option available to the applicant and to ensure that the applicant meets the eligibility criteria for any of these visas.

An applicant’s eligibility is determined on a case-by-case basis.


Visa Refusal Offshore


In situations where an applicant’s visa has been refused while offshore, the applicant may apply for the same visa provided they meet the eligibility criteria.

The applicant must address the reasons outlined in their Notice of Visa Refusal and explain why they did not meet the eligibility criteria.

Visa applicants are not barred by being offshore and certain visas have the right of appeal, particularly if they have an Australian sponsor.

For example, offshore partner visas can be appealed on the basis that an applicant is an Australian citizen or permanent resident, whereas skilled visas generally do not have the option of an appeal available.


Visa Refusal on Character Grounds


There are serious implications for visa applicants that do not meet the character requirements set by the Department, including the likely refusal of any additional visa applications that are lodged.


Contact Us


For expert guidance on reapplying after a visa refusal, connect with Bambrick Legal today:

Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – Administrative Appeals Tribunal (AAT)

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