# Special provisions for certain visa applications that are refused

> reg-2.11 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.11 Special provisions for certain visa applications that are refused
          (1) If:
                (a) an application for a visa by a non-citizen made outside Australia (a first
                    application) has been made; and
                (b) the first application has been refused; and
                (c) it appears to the Minister, on the basis of the information available to the
                    Minister, that, if the non-citizen had applied for a visa of a different class,
                    the visa would be likely to have been granted;
              the Minister may invite the non-citizen to make an application (a further
              application) for a visa of the different class.
          (2) An invitation made under subregulation (1) is to be an invitation:
               (a) if the first application was for a permanent visa—to make an application
                   for a permanent visa; or
               (b) if the first application was for a temporary visa—to make an application for
                   a temporary visa.
        (2A) However:









                 (a) if the first application was for a Prospective Marriage (Temporary) (Class
                     TO) visa, the Minister may invite the applicant to make a further
                     application for both:
                       (i) a Partner (Provisional) (Class UF) visa; and
                      (ii) a Partner (Migrant) (Class BC) visa; and
                 (b) if the first application was for both:
                       (i) a Partner (Provisional) (Class UF) visa; and
                      (ii) a Partner (Migrant) (Class BC) visa;
                     the Minister may invite the applicant to make a further application for a
                     Prospective Marriage (Temporary) (Class TO) visa.
          (3) The ART is not to invite a further application under subregulation (1).
          (4) The non-citizen must make the further application within 28 days (or, if the
              Minister in the circumstances of the case so decides, 70 days) after the day on
              which the non-citizen is notified of the invitation to make that application.
          (5) The actual amount that is payable by the applicant by way of the visa application
              charge in relation to the further application is the amount (if any) by which
              liability for the visa application charge in relation to the further application
              exceeds the actual amount of the visa application charge paid on the first
              application.
          (6) If the first instalment of the visa application charge payable in relation to the
              further application is less than the actual amount paid in relation to the first
              application, no refund is payable in respect of the difference.