Receiving an Australian Visitor visa (subclass 600) refusal can be distressing, particularly when the proposed trip involves visiting family or attending an important event. A previous refusal does not, by itself, decide the outcome of a later application. However, a further application must satisfy the applicable criteria and should respond directly to the reasons given in each earlier decision.
The Department of Home Affairs provides a written decision explaining why an application was refused. That decision may also state whether Tribunal review is available and who may apply. Review rights depend on the circumstances of the decision, so the individual decision record should be checked promptly.
Visitor visa requirements
Clause 600.211 of Schedule 2 to the Migration Regulations 1994 requires an applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. The decision-maker has regard to:
- whether the applicant substantially complied with the conditions of their last substantive visa or any later bridging visa;
- whether the applicant intends to comply with the proposed Visitor visa conditions; and
- any other relevant matter.
Clause 600.212 also requires the applicant to have, or have access to, adequate means of support during the intended stay. Further requirements apply depending on the selected Visitor visa stream and the applicant’s circumstances.
For an overseas Tourist stream application, Home Affairs identifies documents that may help establish a genuine temporary visit. These can include financial records, travel plans, an invitation from a relative or friend and evidence of reasons to return home. The appropriate evidence depends on the proposed trip, the applicant’s circumstances and the findings in any earlier refusal decision.
| Issue raised in a refusal | Evidence that may be relevant | Practical step |
|---|---|---|
| Purpose and temporary nature of the visit | Travel plans, an invitation and evidence of reasons to return home | Respond directly to the findings in the refusal decision |
| Financial capacity | Bank statements, payslips, tax records or other evidence of access to funds | Explain how the visit and departure from Australia will be funded |
| Immigration history | Previous decisions, visa records and documents explaining any compliance concerns | Provide accurate information and address the history rather than repeating the earlier application |
Visitor visa granted after multiple previous refusals
By Sali Romie — Solicitor | Practice Manager
Jameson Law assisted a client whose Visitor visa (subclass 600) application had been refused on multiple occasions.
Before lodging a further application, we reviewed the previous refusal decisions to identify why the Department remained unconvinced that the applicant met the visa requirements. Rather than repeating the earlier applications, we developed an approach directed to each concern raised in those decisions.
Our work included analysing the previous decisions, identifying weaknesses in the earlier applications, obtaining documentary evidence, preparing detailed legal submissions explaining why the applicant met the legislative requirements and presenting the applicant’s circumstances clearly.
The further application directly responded to the issues identified by the Department. The submissions addressed the genuine temporary stay requirement and the applicant’s incentives to comply with the proposed visa conditions.
Following lodgement of the application and submissions, the Department granted the Visitor visa.
This outcome concerned one client’s circumstances and evidence. It does not predict the result of another application.
Preparing a further Visitor visa application
A further application should be prepared according to the applicant’s current circumstances and the applicable Visitor visa stream. Practical steps may include:
- reviewing every finding in each refusal decision;
- checking the current criteria for the selected subclass 600 stream;
- updating documents where circumstances have changed;
- explaining the applicant’s immigration history accurately;
- providing evidence of adequate financial support;
- showing the purpose, timing and proposed funding of the visit; and
- providing genuine, verifiable and unaltered information and documents.
Applicants should avoid assuming that documents used in an earlier application remain sufficient. The evidence should address the current application and the specific concerns recorded in the earlier decision.
Review rights after a Visitor visa refusal
Some Visitor visa refusal decisions can be reviewed by the Administrative Review Tribunal, while others cannot. The Migration Act 1958 sets out which migration decisions are reviewable and who may apply.
The Department’s decision letter should state whether Tribunal review is available and identify the applicant entitled to seek review. Applicable time limits are strict, and the Tribunal states that it cannot extend the time for applying for review of a migration decision. The decision letter should therefore be checked without delay.
How Jameson Law can assist
An immigration lawyer can review the decision record, identify the applicable legal criteria and help organise evidence responding to the Department’s findings. The appropriate next step depends on the individual decision, the applicant’s location and visa status, any available review rights and the applicant’s current circumstances.
If your Visitor visa has been refused, contact Jameson Law to arrange a review of your documents and discuss your available options. You can also read more about our services on our immigration law page.
Official Sources
Frequently Asked Questions
Can I apply again after a Visitor visa refusal?
A previous refusal does not automatically prevent another application. Whether a further application can be validly made and is appropriate depends on factors including your location, visa status, decision record and circumstances. The new application should address the earlier refusal reasons.
What does clause 600.211 require?
Clause 600.211 requires a subclass 600 applicant to genuinely intend to stay temporarily for the purpose for which the visa is granted. Relevant considerations include previous visa compliance, intended compliance with the proposed visa conditions and any other relevant matter.
Does a Visitor visa applicant need evidence of funds?
Clause 600.212 requires the applicant to have, or have access to, adequate means of support during the intended stay. Relevant evidence may include bank statements, payslips, tax records or proof that another person will fund the visit.
What documents may support a Tourist stream application?
Depending on the circumstances, relevant material may include financial records, travel plans, an invitation letter, employment or study evidence, family information and evidence of assets or other reasons to return home.
Can a Visitor visa refusal be reviewed by the Tribunal?
Some refusal decisions may be reviewed by the Administrative Review Tribunal, but review rights do not apply in every case. Check the Department’s decision letter promptly because it should identify any review rights, who may apply and the applicable time limit.
Will the same approach produce the same visa outcome?
Not necessarily. Visa applications are assessed individually under the law and on the evidence provided. This success story records one client’s outcome and does not predict the decision in another matter.
