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What should you do if you have a refusal for an Australian Partner Visa or Australian Tourist Visa?

 

Australian Visa refused. Should you appeal to the AAT or re-apply?

 

Refusals happen! They happen regularly!

Australian Migration Law is based on Commonwealth legislation. Each visa class and visa subclass is written into the Migration Regulations (Cth) 1994. The criteria they use to decide whether to grant or refuse is written into those Regulations, and this is what they use to decide whether to grant a visa application or not. If the application shows that the applicant (and sponsor, when it’s a partner visa) meets those Regulations, then the visa is granted. If it does not? By Law they must refuse it!

 

So you have a refusal, and you think it’s not fair?

Firstly, ask yourself if it’s really not fair! Did you meet Maribel in a bar somewhere last week and tried to get a visa for her based on your relationship? Did you try to make it out that she was richer and more stable than she really was? Did you lie, supply false documents, or do something to pull the wool over their eyes? If this is the case, then it won’t be easy and in fact the decision was probably totally fair.

If you think it was truly unfair, then more than likely you had not presented your case very well. You should definitely contact Down Under Visa and let’s see what we can do. We salvage a lot of shattered dreams after refusals……..when your case is in fact a genuine one, that is! Be honest with us, regardless of whether you did something embarrassing before. I’m sure we’ve heard just about everything by now.

 

What are your options?

 

Approaching the Embassy and arguing your case

This is in fact NOT an option. Sending a dozen emails to the Australian Embassy, or calling the Case Officer and saying “Surely you could see……” won’t help. By Law, once they’ve made a decision they cannot overturn it. It’s not within their power. And “giving them a piece of your mind” won’t help much on any future applications.

 

Applying to the Administrative Affairs Tribunal (AAT) and appealing your case

This option is available to the Australian sponsor when it’s a partner visa, or when an Australian has invited an overseas applicant to visit on a tourist visa. This is an option when you believe an error of Law was made. If you feel the Case Officer has unfairly judged an application where in fact the applicant HAD met the Regulations. The Tribunal has the power to overturn the decision and instruct the Embassy to reverse it.

Thinking about it, you should be able to see two things. Firstly that chances are you can’t work this one out by yourself, and need help from a professional who understands Migration Law. Secondly, (or maybe you can’t necessarily see this) despite how annoyed you may be, the Embassy staff don’t normally make errors of Law. In most cases you simply didn’t prepare and present your case very well and they had limited information to make their decision on.

Be aware that it takes ages to have a case heard at the AAT. We have one being heard on March 2014. They’ve been waiting for 1 1/2 years!

 

Making another visa application

In most cases, yes, this is the best option. We do this all the time. Most of the time the reason it was refused was because you presented your case badly, and they had no choice. Many a time I read over a refusal decision, and realise that if I were the one making the decision I would have also said no! And in most cases when I ask questions about the relationship I find that it’s totally genuine. But due to a mixture of omissions and wrong inclusions, no one apart from a mind-reader could have realised.

In many situations all is definitely NOT lost. We’ve had great success in salvaging and re-presenting cases. Please let us have a look.

So please contact us. Fill out the Partner Visa Assessment Form HERE, and let us have a look. It costs nothing to get your case assessed. We will only take you on if we feel your case is sound. If not? We will tell you in no uncertain terms. We have enough legitimate business without having to take on hopeless cases.

 

De Facto Visas? Do you qualify?
Tourist visa applications from before Christmas 2013

100 Comments

  1. Callan

    Thanks jeff
    I would be interested to know the percentage of genuine couples that are turned down from a prospective marriage visa and do they give specific reasons why or a broad explanation to why it failed.

    Reply
    • downundervisa

      From our experience, Callan? From those who’ve contacted us, definitely most just did a lousy job of presenting their cases. As for the applicants who apply directly, or through dodgy travel agents, no idea. I would suspect it would be much the same. Tourist visas though, I would suspect the Embassy would see some horribly fake stuff come through.

      Reply
    • Melinda Quibatay

      What is the best visa

      Reply
      • Jeff Harvie

        The best visa is the one that matches the situation of the applicant, Melinda. Please complete our assessment form on the website and we can see if we can help you.

        Reply
    • Nisha sunar

      I applied for student visa and got rejected under section 65 of the migration act 1958.if I reapply then is there any risk of visa refusal again?what should i do? Plz help

      Reply
      • Jeff Harvie

        We don’t deal with student visas, Nisha. Sorry.

        Reply
  2. Glyn

    We submitted a tourist visa ourselves and where declined a visa. After having Down Under Visa apply it turns out we only supplied half of what they wanted. Down Under Visa have been a god send to us.

    JC and GH

    Reply
  3. joy tuscano

    Hi. I loged my visitor visa subclass 600 on March 18 2014 and on 27th I received the application and it was refused. I did provide the necessary requirements like, invitation letter from my relatives(Australian citizen resided in Queensland) their bank statement, passport copy, certificate of citizenship. My Aunt will provide full coverage if I go to Australia. Airfare, insurance, sightseeing, food, and accommodation. It was stated on the invitation letter. Also, I submitted my income tax return, certificate of employment, payslip, and confirmation letter from my work/ company but still my application was refused due to no evidence of funds and/ or ties to home country. Also, my mistake was I did not declare that I have a 5 year old son. My question is, after how long can I re apply? Once I logged again for a visitor visa can I declare that I have a son? Would there be any grounds? Please help. Thank you.

    Reply
  4. harnek.harry82@gmail.com

    Hi I have faced Spouse Visa Refusal in Jan 2015 due to reasons that in interview i didnot give satisfactory answers to Visa Officers ie I have not enough knowledge about my Course, I applied with my spouse, so I want to settle in Australia and I have no Immigration record. Can u Help me and tell that Can I apply again Independently and with Higher IELTS Score that Can help me to get Visa

    Reply
    • downundervisa

      Spouse visas don’t have IELTS requirements or courses. I’m not sure what you’re talking about.

      Reply
      • Kyulit

        Good day Jeff,

        I was invited my a friend who’s a citizen in Australia but she’s a Filipina, she’s the sister of my boyfriend. She lodge my first visa app last Aug 16 and was refused. She relodge it again last Sep18 and again was refused. Reasons are insufficient funds in the accounts under my name. We decided to re lodge it again, because our plane ticket was already purchased for Dec22. I did it my self this time. I created my own immi account. Provided everything I can plus the invitation letter, stat declaration credit card statements, ticket bookings and accomodations as well as the van rental and places to visit this December.

        My question is, is there a chance that tourist visa can be granted despite it was rejected twice?

        Thank you for your answer

        Reply
        • Jeff Harvie

          There is a chance, yes. But I would need to assess your case. Just above you is a link to a free online visa assessment. It will take you five minutes.

          Reply
  5. karan

    I too applied for tourist visa as my brother is australian citizen but i made false statement like i m student and was about to pursue studies after coming back from australia tour. But im graduated long time back i told them im preparing for exams but the truth is i worked in a company for 3 years but took a break of 1 year to prepare for further examinations. Also mentioned im single but was married too.Now my question is i made a mistake of lieing ina pplication are there any chances in future or after how much time i can apply toursit visa with true details

    Reply
    • Jeff Harvie

      When did you make the application with a false statement? And were you given a 3 year ban? Suggest that you use the Contact Form or the Visa Assessment Form instead of the comments section.

      Reply
      • karan

        no i didnt got banned but was planning to apply for new visa with true details my previous visa was refused since they thought im not a genuine visitor like i dont suffcient funds , and the details which i mentioned above was filled so they felt with the above circumstances i wont return back to my home country.Any suggestion if i fill new form with true details can i get a visa they wont find mismatch in my previous and current application

        Reply
  6. Damalia

    Hi,

    I’m married with Australian citizen. My spouse visa just refused 2 days ago. Which I submitted bogus document my daughter birth certificate. I had no idea about the authenthicity of document as I asked someone else to get it done for me. I have submitted the valid birth certificate but still they refused my visa.

    Can you tell me what I must to do.

    Reply
    • Jeff Harvie

      Nothing you can do, sorry. You will face a refusal and a ban of three years. Saying “someone else did it for me” will not be seen as a valid defence, because you are responsible for what you submit.

      Reply
      • Damalia

        Hi Jeff,

        Thank you for your reply. I got refusal letter and ask me to go to tribunal review. I didnt aware of the autenthicity of birth certificate when I issued my daughter passport all came up good. So, I dont feel or see any bogus on my daughter birth certificate. And we have the new valid birth certificate.

        Reply
        • Jeff Harvie

          I don’t know the details, Damalia. If you feel the decision was unjust, you have the option to appeal at the Migration Review Tribunal in Australia. However be aware that the Australian Government sets a higher standard for accuracy with documents than do many Philippines government offices. So you will need a very strong case for them to overturn the decision.

          Reply
  7. Jen

    Hi, Jeff!

    I hope you can give me advice. My fiance is an Australian and I’m Filipino. We’re planning to get married next year in Australia so I need to start processing my fiance visa.

    My concern is:
    1. I worked in China for 2 years. I rang Chinese Embassy in Manila, I was informed that I need to go to Shenzhen to get it and they can notarize the document. I contacted my employer in China, they went to the Police, they were informed that I have to get it personally.
    2. Do I really need to come to China just to get that certificate? My worry is, I’m not even sure if I can get a tourist visa just to get that.
    3. I got a warning from the Police for “Illegal employment” when I was in China. My company was legit and my work visa was also legit. My violation was, I had a part time job. I worked after office hours which my previous company is very much informed and allowed however, the Police said that I cannot do that. I told them that I wasn’t informed about the new law and my boss also explained to the police. I paid a minimal fine. Later, they cut short the validity of my residence permit. I was told that I wasn’t blacklisted and that I could re-apply again. I wasn’t even detained in jail nor escorted to the immigration.I know I have to truthfully declare this thing in my application, I’m wondering if this would greatly affect my application for fiance visa? What if I couldn’t get a Police clearance because of this? Would it be better to just get married her and apply for spouse visa instead?

    Please help. Thank you very much!

    Reply
    • Jeff Harvie

      Please complete our online visa assessment form, Jen. We will see if we can help you.

      Reply
  8. Hazel

    Hello,

    I’m inquiring for my relative. The husband is a Permanent Resident and the wife is a Filipino. The wife has a autistic child from a previous relationship (not married and sole legal guardian to the child). We know that if the wife applies for a partner visa she will be declined as the child (although not migrating with her) will not pass the health requirements. Are there any other options for the wife, like tourist visa (visiting every other year or so) or applying for a temporary working visa (she is a nurse)?

    Thank you!

    Reply
    • Jeff Harvie

      It’s not easy, Hazel. She can always visit with a tourist visa, yes. Working visas, I can’t comment on sorry. It’s not an area that I do any work in.

      Reply
  9. kisha mountney

    Hi,

    My mother did not declare in the Character Section on her Permanent Resident Visa Application where asked, if she had committed any Crimes against Human Rights, that she had Attempted to Murder a child twice and also Sexually Abused a Child four times. She also had pending Charges on Child Abuse in the Philippines. She now has Warrants for her Arrest in the Philippines for these same Crimes she did not disclose on her Application and is in Australia on her Visa. She has also breached DVO’s in Australia. What will the outcome be?

    Reply
    • Jeff Harvie

      Not really something I would want to discuss in a comments section. If you have concerns about this, then you should be discussing it with the Department directly in Australia.

      Reply
  10. Giovanni Buno

    Hi!

    Just want to ask, how soon you will know if your PR visa application is denied? After submitting all the requirements, will it take a month or more before DIAC give you notice that your visa application was denied?

    Reply
    • Jeff Harvie

      It depends on the processing time of that particular visa. Some take a few days, but others can take a few years.

      Reply
      • Mamta Rani

        hi i aplied for my brother 600 visa and it refused 2 times they are not satisfied for inancial statement what can i do now

        Reply
  11. John Sisiluna

    Hi…I am an Australian Permanent Resident and married a girl from overseas and would like to sponsor her as my spouse. We just had a big wedding in her home country (both traditional and legal marriage) with several guests 1 month ago and took photos, made wedding videos etc. I have also visited her several times in the last 2 years and we have taken photos etc.

    The problem is that we lied on a tourist visa lodged 2 years ago for her to visit australia stating that I was her cousin so that I could sponsor her to visit australia because she did not have the financial resources to support her visit to australia at that time (back then I was not interested in marrying her but we fell in love afterwards).

    I understand we provided false information that she was my cousin in the tourist visa lodged 2 years ago.
    My question is that will our current spouse visa get rejected because we provided false information in a tourist visa for her lodged 2 years ago.

    She held that tourist visa more than 12 months ago and PIC 4020 criteria states that “your current visa will be rejected if you provide false information in your current visa application or in a previous visa application for a visa that you held in the 12 months before making your current application?
    But in our case, she “held that tourist visa more than 12 months ago” (outside the PIC 4020 time limit of 12 months)?

    Reply
    • Jeff Harvie

      If the tourist visa ended more than 12 months ago, then PIC 4020 doesn’t and won’t apply.

      Reply
  12. Cooler129

    Hi Jeff,

    Hope that you can give some helpful advice. Just wanted to know if I can make an appeal to the case officer or tribunal office?

    My scenario:

    I’ve invited my niece. who’s currently in the Phils to come and visit my family here in Sydney only for 2 weeks. I want her to visit Sydney , see her 2 cousins, and tour around places of interest just for 2 weeks.

    I’ve made an invitation letter , detailing that I’ll be supporting her (accomodations, food, tour, etc) . We have attached all the required docs (her current/previous employment certificates, passport, payslips. approved leave from current employer, ITR, return airfare, bank statements for her savings, birth certs of her mom, dad and brother. Almost everything that we could think of as part of her supported documents as reasons in returning back to the Phils.

    But unfortunately, she was still refused to get a tourist visa.

    The reason from the case officer was that, the applicant is just new to her current employer (2 months) and that her employment may not provide sufficient incentive to induce her to return back to the Phils and gave little weight to her current employer.

    I have few questions with their decision:
    a. My niece just graduated 2 years ago, got some contract jobs in between. She recently started working with her current employer for 2 months. It’s so happen that I have invited her to visit Sydney for 2 weeks.

    Do they have minimum number of years in assessing the applicant’s current employer?

    b. She doesn’t have any assets yet to attach into her application since she’s still young and she’s not applying for citizenship. She’s just applying for a tourist visa!

    b. I’ve submitted stat declaration and invitation letter specifying that I am liable for her whilst in Australia. Isn’t that enough? They can contact me if my niece didn’t return or did something nasty in OZ.

    c. Can i submit a complain or make an appeal to them?

    Grateful for your kind assistance.

    cheers,

    Reply
  13. magda

    Hi Jeff. My 4 people family have received a refusal of new vsitor 600 visa. Our current bridging visa C-030 oblige us to quit Australia on September 20th. The problem is that our flight tickets are for October 12, so 12 days later. The tickets are very expensive to reschedule or buy new ones. In your opinion – do we still have a chance of applying for bridging visa E (arranging the depart from Australia) to avoid buying new tickets?
    Thank you so much in advance for help.

    Reply
    • Jeff Harvie

      Go and talk to the Department about this, Magda

      Reply
  14. happy

    hi my wife is australian citizen and i apply visitor visa subclass 600 and subclass 309 but visitor visa are refused plz rply me this message i am try again you plz solution this problem

    Reply
    • Jeff Harvie

      Please use our free visa assessment form on the website.

      Reply
  15. Bill

    Hi Jeff,

    My girlfriend had a visitor 600 rejected due to PIC 4020 2 years ago. She just re-apply for another visitor visa 600 and The Embassy is asking her to provide ” compelling and compassionate circumstances” to potentially waive the ban. Would you know any examples of compelling and compassionate circumstances? Thank you much.

    Reply
    • Jeff Harvie

      It’s like saying “I’m being charged with breaking and entering. Do you know a good defense?” It will depend on your circumstances, and it will take a lot of work.

      Reply
  16. Maryme

    Hi Sir/Madam,

    Good Day

    I am married to an Australian citizen, last year 14 September 2016.. that is also my birthday..

    I have 3 previous visa grant..

    I apply for the first time, it was 4 November 2014. It took only 2 weeks  And my..

    1st visa grant was 18 November 2014 up to 18 May 2015 (Single entry) I flew from Philippines on 9 December 2014.. we celebrate Christmas and New Year together and visit some beautiful places.. until I cane back to the Philippines 4 February 2015. then my husband told me to apply again 21 April 2015. But that time it took so long until someone explain to me, because I didn’t know honestly that before you receive a decision, you have to wait for your previous visa grant to expired.. so my

    2nd visa grant was  27May 2015 up to 27 May 2016.. (Multiple Entry) I was surprised and very happy when I received that on my email.. I didn’t expect that they will grant me Multiple Entry.. my husband was so happy too.

    During my visa grant multiple entry I travel occasionally and stayed in Australia on or before 3 months only.. and before my visa expired my husband decided to come to the Philippines May 29 2016. Then he left Philippines June 11,2016. He arrive in Australia 12 june 2016.. and immediately he told me to apply asap. So I apply for my 3 visa june 21 2016.. and my

    3rd visa grant was 6 July 2016 up to 6 July 2017 (Multiple Entry)

    During that visit my husband surprised me 11 September 2016 when he proposed to me and called my mother and my 3 daughters to ask permission of Marrying me.. and on my birthday 14 September 2016, we became husband and wife.. and same as usual I travel occasionally.. and we travel again together to Philippines December 23 2016 up January 7, 2017. We came back to Australia together.. then I go back to the Philippines 2 April 2017 and on that day my mother died while I was on the plane..  I stayed here in the Philippines more than 2 months.. my plan was to wait for my visa expired before I apply and come back to Australia but I change my mind cause I felt the pain about my mother’s lost makes me sad every day.. and I know that I have obligation to my husband too.. so I decided to came back to Australia.. but before i made up my mind June 7, 2017 Wednesday I call the embassy to ask about the meaning of (last date to arrived) and if I can travel back to Australia even if my visa is about to expired.. and the person that im talking with thru phone say (yes I can and last date to arrived means to Australia..) finally when I heard that answer, the question that confusing me a lot was finally been answer.. so I bought ticket June 8, 2017 Thursday and the same day that night I flew back to Australia.. and I return to the Philippines 7 September 2017..

    Next day my husband told me to apply online and he sent to me his bank details and allow me to use it for paying the application fee.. 20 September 2017 visa decision came thru email but I received it 21 September 2017.. but the decision was ( refused.. and the reason of refusal saying that I over stayed 18 months..) so on that day I go to their office hoping that I can talked to the officer personally with a little hope on my heart cause some explanation of the officer regarding on my flight dates and some dates stated was wrong. So all Im praying for was to explain myself personally with all my hard copy document’s that I didn’t over stayed cause I know and I respect the rules and law of Australian Government.. but unfortunately its not possible that I can talked to any of them.. and I fully remember the first officer who Grant my first visa was the same person who gave me refusal notification..

    A few officer in the application desk told me that I can apply again.. but all I want is to clear/clean my name and remove/delete my refusal notification.. but my husband says its very hard to do that it is better if I apply and try again..  so I apply for the second time 27 September 2017.. decision came 13 October 2017.. but it was refused again same reason but the officer in charge explain without any wrong stated date.. but still sir/madam, honestly its very hard for me to understand.. several days fast without me knowing that my husband seek for an advice and talk to an agent there in Australia. Asking how/why they refused me..

    Sir/madam, since morning I was reading your site and I was amazed on how you answer/reply all the questions they sent to all of you.. so I encourage myself to write and ask question as well.. and to seek/listen to your advice/answer.. cause I know you help a lot of people from the heart.. and I know for sure that I will be one of them..

    Sir/Madam with all due respect I just wanted to know and ask if..

    1) is it possible that I can apply tourist visa again for the 3rd time..?

    2) do I have any chance to grant multiple visa or still they refused me..?

    3) is there any rules on how many attempts to apply every time you receive the refusal.?

    4) is there any rules on how many refusal notification saying that we are not allowed to apply and wait after(?)

    5) is there any rules or law saying that after the previous visa grant expired we have to wait 1month or more before re-applying again..?

    Thank you so much and more power to all of you.. may the God Bless You All..

    Reply
    • Jeff Harvie

      You can’t delete a refusal notice, Mary. And there is nothing to discuss with the Embassy. And no, you didn’t overstay. The issue is that tourist visas are for visiting only. They are not for living-together. If you stay more than 12 months in an 18 month period, they won’t let you stay any longer. And by the time you apply for your 4th tourist visa, it’s fairly obvious that you should be applying for a partner visa. You can’t spend the rest of your lives together on a visa for temporary stays. That’s not what tourist visas were designed for. My advice is to look at getting a partner visa, and aiming at living together permanently like a married couple should. Please discuss this with your husband, and if you’re interested please complete a free online visa assessment form on our website.

      Reply
  17. Muneeza

    Hello. I wanted to ask something. I applied for my husband’s visit visa to Australia and got rejected from Pakistan on the basis that he will stay back. I do not get this as his partner visa is already applied for then why would we do something so stupid?
    I need to see him so if he applies from Pakistan again is it a good idea?

    Reply
    • Jeff Harvie

      We don’t deal with visas from Pakistan, sorry. Couldn’t help you.

      Reply
  18. Cindy

    Hi good morning. I been refuse several times like 6 times i think so, and hey its a tourist visa been applied since then, every year we keep trying, well im not working either stidying. My mum and step dad aunt and sister are there. They all married in australia and has a pr visa. They keep saying about theyre doubts for me not coming back here in ph. But i been tourist granted when i was 16 under name of my mum. Im now turning 24 on june. Now my question is there any chances that i can have tourist without this job and not even studying ? Pls help me its big help

    Reply
    • Jeff Harvie

      They will consider you a risk of overstaying because of your age and because your mother is in Australia. They say this because on the surface it appears obvious you would rather be in Australia with your mother than in Philippines without her. We could try, but I would give no guarantees.

      Reply
      • Cindy

        How about an independent ? Instead?

        Reply
        • Jeff Harvie

          An independent what? Do you mean visiting Australia under your own volition? No one inviting you? Just for a holiday? If you have a salary equivalent to an Australian salary, sure. Otherwise they would consider you an even higher risk.

          Reply
          • Cindy

            Thanks jeff for answearing all my question. Now here is the thing so in case theres no any chance that i can visit my family in australia right ? Is that what you mean? Now heres my question how about putting a bond fee just to visit there? Or any posibble way to be there? Or live there? Anything except marrying someone ? Please tell me. My muk living there is she able to get me ?

          • Jeff Harvie

            Cindy, you clearly want to live there and not just to visit. You need to have a legitimate reason to be granted a visa, and it doesn’t appear you have one.

  19. Mia

    Hi there,

    My visa 190 application has been processed and CO asked for the payslip, tax and bank statement of my overseas employment. I was paid in cash so I don’t have those documents. I have asked the admin officer to give a statement ( saying that I was definitely employed by the clinic from 2009 to 2013) and translated using NAATI. Is there anything I can do?

    With gratitude!

    Reply
    • Jeff Harvie

      We manage visa applications for couples, Mia. No Subclass 190’s, sorry.

      Reply
  20. Bridie

    Hello! I submitted our partner visa then on the 9th of Jan we were asked for more information.

    One of the things they asked for were police checks and we had 28 days to get all the info.

    Today is the 28th day and our police checks still haven’t arrived in the UK (my husband is UK, mine is here in Aus).

    My husband also uploaded copies of the required documents, not certified copies, so we have both certified and just copies of the birth certificates etc too. Hope that’s ok.

    I’ve asked for an extension on the application outside of the 28 days as we’re still waiting on the police checks.

    This is a very stressful time for our family, so hoping you’ve seen something like this before?

    Reply
    • Jeff Harvie

      They usually understand when it is delayed because its being processed. Suggest you contact them and let them know that yes you HAVE applied, and that you are waiting on the clearance.

      Reply
  21. Geraldine Amora

    hi jeff:
    i applied subclass tourist visa in Australia,i am Filipino citizen, i have bf invitation letter but never meet in person yet though i applied independent tourist through travel agency,bf invitation letter only supported on my application..i submitted the ff:

    *my passport and bf scan passport
    *my bank acct own name 230,000 peso
    *my bank acct w/ 3 person names 600,000
    *grepalife investment fund and insurance 250,000 peso under my name
    *bf latest January 2018 bank history
    *my suv, elf truck,multicab registered car
    *bf pay slip,bf car registration
    *my annual income of my farm crops business 2018 (b.i.r tax audit)self employed
    *my employer cert and leave letter, i.t.r of company
    (my brother is my employer for 9 yrs to present)
    *travel history way back 2006.
    *iterinary
    i include on my application that i have a daughter left here.pls you think being a family member is your employer don’t make any conflict on my application.?…still waiting for embassy answer..

    Reply
    • Jeff Harvie

      Sorry, but I can’t advise about your application. I don’t know anything about your case. Plus you’ve already applied and done so by yourself. I couldn’t change anything even if I wanted to. You just need to be patient.

      Reply
  22. Hamza

    Hi,
    My parents got refusal on tourist visa yesterday. Me and my brother are living in Australia. Brother is on TR and I am on a student visa. Our parents applied online with all original documents with adequate funds. but there was some mistakes in the application like my father mistakenly checked that he’s applying alone without spouse. So, this was the reason IMMI dep got confused and refused both visas.
    I want to know what is the best option? Reapply? Or wait for brother’s PR then apply for parents visa category?

    thanks

    Reply
    • Jeff Harvie

      I don’t know the full details, and I suspect you would have got a 3 year ban for false information. I suggest you get a Registered Migration Agent to help you on this.

      Reply
  23. Ac

    Hi good day , I applied tourist visa feb 14 and got my refused feb 22 due to not making them satisfied with my bank account information . I have 200kplus to mention all the requirements that they need I have provided. I provided my boyfriends bank statement and all the docs necessary . What should I improve since I am planning to reapply again ASAP . Looking forward for your response .

    Reply
    • Jeff Harvie

      I’m sure there was more to the refusal than just your bank account. I don’t know your circumstances, “AC” (suggest you look at your email address, as we can see your name). I can’t tell you how to put together a successful visa application based on a paragraph, sorry. If you’d like us to manage a new application for you, please complete our online assessment form.

      Reply
      • Ac

        Hi Jeff . Kindly please remove your comment calling the first name on this conversation for the privacy . Will complete the form on your website . Thank you .
        Hope you understand .

        Reply
        • Jeff Harvie

          This isn’t a conversation, “AC”. I was not talking to someone called “Maribel”. No privacy has been compromised, I can assure you.

          Reply
  24. Rach

    Hi,
    I’m from the UK and finished my 2 year working holiday in December 2017. I’m currently travelling Asia and would like to go back to Australia to see family/friends and travel with my boyfriend on a tourist visa before applying to go to NZ. However I’ve heard that a lot of people have had tourist visas declined after a working holiday because of the worry of them illegally working. Is this actually true or shouldn’t I be worried as I’ve been out of the country for 3 months?
    Any help would be appreciated!

    Reply
    • Jeff Harvie

      Not my area of expertise, Rachel. I can’t comment.

      Reply
  25. Mak

    Hi Jeff,

    Good day! I am sponsored by an Australian citizen, launched date 2012 -820 granted, however, 801 refused due to some vindictive co-worker, and some silly mistake in writing stac Dec from our end. (801 refused dec 2016- applied for tribunal straight after)
    We have appealed to the tribunal and waiting for a hearing date.
    The migration agent I hired to help me with tribunal case gave me incorrect information that I could travel without applying for a bridging visa B and as a result I am now locked out of the country and it’s has been a year, however the Tribunal hearing is still going to come through. in june-july aprox
    In this 1 years time period my partner has become a completely changed man- because I am not there and it’s like “free-will on steroids” (pun intended), reason I wanted to go for a 4 day holiday because we had an argument and it turned physical. I didn’t go to authorities as I was too disturbed with visa refusal and my health and the mental and physical abuse by my partner. Do you this I can still have a chance to win the tribunal or should I withdrawal the application. I am also looking for a lawyer/ agent to represent me in the tribunal.

    Reply
    • Jeff Harvie

      Sorry, but I do no Tribunal work.

      Reply
  26. Maria

    Hi, I got my tourist visa refused due to the fact that I lack to provide financial evidence. If I can give financial evidence now, can I apply again? And if that’s the only reason my visa was refused, is it probable that they will give me the visa?

    Thank you.

    Reply
    • Jeff Harvie

      I don’t know anything about your case, Maria. And yes of course you can apply again. There were probably 5 or 6 reasons why they refused it, and if a new application is not convincing to them then they will refuse again. I suggest you get a free visa assessment done on our website. It will take you five minutes.

      Reply
  27. kani

    Hi

    I student visa holder .married before grant of my visa then my wife applied for student dependent visa recently got refused by saying I had not informed by in writing about my marriage to department though it taken prior to visa grant ..500.311 violation

    what shall i do next ? can i reapply ?

    Reply
    • Jeff Harvie

      You should go and see a Registered Migration Agent. We have nothing to do with student visas, sorry. And we won’t advise outside of our area of expertise.

      Reply
  28. Irina

    Hello Jeff,

    My father In law is in his mid 70s and met a Filipina on FB at the start of this year. He has been to visit her a couple of times and now wants to go back and marry her and bring her to Australia at the end of this year. He is obviously smitten but my family all think she is taking him for a big ride. She is very poor, in her mid 30s with a 5 year old to another foreigner and 2 teenagers. I believe she’s already had a visa denied so he’s upping the ante under the advice of a Philippine immigration lawyer and marrying her to get another visa. She wants to bring her 5 year old with her, I’m not sure about the teenagers.
    What are the chances that immigration recognise she’s a complete charlatan and refusing her? A few family members have already anonymously reported her as contriving relationship to immigration even though the father in law is convinced she is genuine.
    The father in law doesn’t own his own home but he has a small amount of money. She has nothing really. I am interested in your feedback. Kind regards

    Reply
    • Jeff Harvie

      Firstly, a Philippines immigration lawyer should not be involved. If she is to get a visa it will be according to AUSTRALIAN law and not Philippines law. Secondly? The fact that she’s poor and the fact that she’s 30+ years younger than him does not make her “a complete charlatan”. Maybe she is? But maybe she is not. Australian partner visas are granted based on the existence of a committed relationship. Age gaps and the financial position of the applicant do not come into it. Previous visa refusals may count if there was an element of fraud, but a refusal could simply mean a previous application was not prepared well.

      Partner visa applications are very involved and require a great deal of evidence of a genuine and committed relationship, and are difficult to fake. The Department will assess the application on its merits, and will grant or refuse accordingly. Outside of that, he’s a grown man and is allowed to make his own decisions regarding his relationships.

      Reply
  29. Ash

    Hello,
    Thanks for your post.

    Our visa (187- Direct Entry) has been refused. In fact, the nomination company has been refused unfairly and as a result, our visa application is refused. We are going to appeal both applications (company nomination and our visa application) but my question is that as our visa has been refused can we apply for other PR visas when we are waiting for the appeal time or after the appeal result? In other words how this refusal affect us to apply for other visas? Many thanks in advance.

    Regards,
    Ash

    Reply
    • Jeff Harvie

      Ash, we deal with visas for Australian Filipina couples only. I can’t advise you, sorry.

      Reply
  30. Arman

    Hey,I have applied for tourist visa for Australia but it got rejected ,Resons Mention below
    I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my
    decision, I have considered the following:
    ? relevant legislation contained in the Migration Act and Migration Regulations 1994
    ? information contained in the Department’s Procedures Advice Manual 3
    ? documents and information provided by the applicant(s)
    ? relevant information held on Departmental files.
    Findings
    On the basis of all the information available to me, including the documents and information
    the applicant provided, I find that the criteria for the grant of a Visitor (Tourist) visa in the
    Tourist stream are not satisfied.

    Can I apply for the visa again ?

    Reply
    • Jeff Harvie

      You may apply again, but unless you can show something substantially different to the last application you will probably face refusal again. I suggest you get a professional to help you.

      Reply
  31. Arlyne

    Hi Jeff, we have sponsor the application of tourist visa of my mother since I’m due or giving birth soon (May 2019).
    The visa application was refused because she has stayed 12 months on previous visa (Jan 2019) . If she will return on April 2019 (stated on our invitation) that would only be less than 6 months for the 18 months period tied to the previous visa. Note that it was stated that she did not overstay from previous visa. The refusal is only due to intend to come on month which is less than 18 month period -As clause 600.211 is not met by the applicant.

    I called the immigration they told me if this is new visa this will be different case and she can apply anytime. However the visa application was refused. I am confused. I wanted to appeal on tribunal but waiting time is 2 years. On our invitation we have stated the reasons why we wanted her to come on April. Please advise.

    Reply
    • Jeff Harvie

      There is a general understanding that an applicant doesn’t spend more than 12 months in any 18 month period in Australia, Arlyn. Your mother spent 12 months in Australia already, and you’ve asked for her to return again so soon. Yes, different circumstances, but remember that visas are grants…..not rights! It remains the discretion of the Department to decide that someone has had enough time in Australia, and whether they be moved by you wanting support when you give birth. The Department staff member who said you could apply anytime, well they should have made this clearer! They can’t tell you that you will get a good result if you apply. They can only say that yes you may apply, but that is no guarantee of success.

      You’re welcome to try again, but unless you can show something clearer than you didn’t show last time them more likely than not you will be refused again.

      Reply
  32. Ajsk

    I have been refused a tourist visa from India. Our plan was to go Australia, get married with my Austtalian PR fiance, she stays in Melbourne. Then we were to lodge an onshore application.
    Please suggest how should we approach next visa options for us.
    Thanks.
    Best wishes for the company

    Reply
    • Jeff Harvie

      Yes, you should find a Registered Migration Agent with experience in partner visas from India. That’s not me, sorry.

      Reply
      • Rahul

        Hi,

        I had applied for a tourist visa for my sister and brother in law to attend my wedding. They were both refused because their case didn’t seem genuine. They had applied for a student visa earlier this year which was refused. I understand that would have affected their case but their reason is actually genuine..to attend my wedding.

        Can I not appeal or offer a guarantee? Money as bond or something? I’m a citizen here and my fiance is a second generation Australian.

        Reply
        • Jeff Harvie

          they probably didn’t believe them because of the student visa, yes. Look at the letter to see if you can appeal. If you can, you will need to wait maybe 6 months or more. Or you can just try again. The Family Stream may ask for a bond. The tourist stream never does.

          Reply
  33. Radwan

    I applied for temporary work visa subclass 408 and I got refused .

    “The applicant did not satisfy the provisions of the Migration Regulations 1994”

    Can I apply again for skills visa

    Reply
    • Jeff Harvie

      We don’t manage skilled visas, sorry. And I couldn’t tell you even if I did, because I know nothing about your situation. I suggest you consult a migration professional.

      Reply
  34. Palak Bathla

    Mine is study visa rejected. Kindly do something

    Reply
    • Jeff Harvie

      It’s not up to me to do something, sorry. I suggest you find a Registered Migration Agent who specialises in this visa type and from your country and see if they can help you.

      Reply
  35. saurabha

    hi,

    my boyfriend’s visit visa just got rejected based on cause 600.211.

    they said they dont believe he has strong family tiesa home and believe that he might overstay dispite proving that he has job and family back home. i invited him for my graduation and i dont feel it’s fair that it got rejected after providing for everything they asked for.

    now my family is also coming down here to visit him and we made bookings for the same. Do you think we wouls have any luck reapplying?

    Reply
    • Jeff Harvie

      Only if (a) his circumstances have changed and/or (b) you can present his case better. You’re always welcome to re-apply.

      Reply
  36. Paul Harris

    Hi Jeff,

    My friend recently applied for a tourist visa through a visa agent in the Philippines.
    All requirement were met including proof of savings and bank statements. Health checks. Reason for returning as she has children and also a business. Business DTI registration. Letter of invitation. All requirements were met but the visa was rejected as they believe she will not stay temporarily in Australia. We have been advised that she can reapply in 6 months in the Philippines but were wondering if she can reapply earlier as she wanted to visit for Christmas this year.

    Reply
    • Jeff Harvie

      Who keeps advising people they need to wait for 6 months? She can apply again anytime. Feel free to do one of our online visa assessments (link just above you).

      Reply
  37. Atta Ullah

    Sir i apply tourist visa 600 and it reject by clause 600.211 scandal on November19,2019..tell me solution.

    Reply
    • Susie

      Hi,
      Good day! I am a filipina I just want to ask some questions. I was married to a Australian citizen and planning to apply an spouse visa which is very expensive, my question is do I have to take IELTS exam? Thanks and God bless ! ?

      Reply
  38. Tony Thonglam

    Hi Jeff,

    A friend of mine is applying for a tourist visa for 1 week vacation in Australia. She’s only new to her current job (2 months) but there is a 9 days-break during the Thai New Year which allowed her to have time for a short holiday. I am currently working in Australia and will be taking annual leaves during that time to join her on the trip. Given that she’s new to her job, would the chance of obtaining a tourist visa be significantly lower ? What other evidences would be needed to help support her application. Also should I also provide her with a Invitation Letter ?

    Cheers Jeff !

    Reply
    • Jeff Harvie

      Sorry, but please don’t ask me to advise you how I do my job. We write helpful articles, but we still need to earn a living here.

      Reply
  39. Neema Gurung

    hi, i apply tourist visa for my grandmother , husband and my sister. My grandmother got the visa but my husband and sister got refused. The reason for that is not satisfaied with economic and employment circumstance. what will be the consequence if I apply again or appeal for the visa. so confusion

    Reply
    • Jeff Harvie

      I can’t predict an outcome, sorry. I know nothing about your case.

      Reply
  40. simarjeet singh

    With current scenario if you have 90+ points you can get an ITA in 2 months only. I have an Australia PR point calculator if you want to check your profile.

    Reply
    • Jeff Harvie

      Please note! We don’t deal with work visas.

      Reply

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