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About this tool
Map the criterion named on an Australian visa refusal to what it tests, any exclusion period, and what to fix.
This explainer maps the criterion named in an Australian visa refusal to what it actually tests and what evidence satisfies it. Every refusal is a decision under section 65 of the Migration Act 1958 - the delegate was not satisfied a criterion was met - and the decision record names it, whether that is clause 600.211 for a genuine temporary visitor, Public Interest Criterion 4020 for false information, or the section 501 character test. Select the criterion on your decision record to see how serious it is, whether an exclusion period applies, and what to change before you lodge again.
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Each ground carries its Schedule 2 clause, Public Interest Criterion or Migration Act section so you can read the primary source.
A funds gap can be fixed in weeks; PIC 4020 blocks most visas for three years, or ten where identity was not established.
Tick off each remedy and see how much of the failed criterion you have really closed before lodging again.
It means the delegate was not satisfied, under clause 600.211 of Schedule 2 to the Migration Regulations, that you genuinely intend to stay only temporarily for the purpose stated. The assessment weighs your circumstances at home, your immigration history, conditions in your country of residence and any other relevant matter. It is a satisfaction test on the evidence filed, not an allegation of dishonesty, so it is answered with better proof of what you return to.
Public Interest Criterion 4020 attracts a three-year exclusion period from most later visa grants where false or misleading information or a bogus document was given, and a ten-year exclusion period where your identity was not established. A waiver is possible only on compelling circumstances affecting Australia's interests, or compassionate or compelling circumstances affecting an Australian citizen or permanent resident - a good explanation on its own is not enough.
Merits review is handled by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024, but not every refusal carries a review right. Onshore refusals are generally reviewable; most offshore visitor refusals are not, unless the application was sponsored, in which case the right belongs to the Australian sponsor. Your decision notice states whether a right exists and the deadline, and that deadline cannot be extended.
Section 501 of the Migration Act sets the character test, and section 501(7) defines a substantial criminal record to include a sentence of death or life imprisonment, a single sentence of 12 months or more, or two or more sentences totalling 12 months or more. Past and present conduct, associations and risk of future conduct also count. Because these decisions turn on submissions rather than documents, get advice from a registered migration agent or an Australian legal practitioner.