A re-entry ban, also known as an exclusion period, means a person may not be permitted to return to Australia for up to three years. A re-entry ban may be imposed when a person breaches their visa conditions.
A re-entry ban will apply, if:
- you overstay your visa by more than 28 days
- your visa is cancelled because:
- you provided false documents or false information to the Department of Home Affairs
- you are considered to be a risk to the health, safety or good order of the Australian community
- you are convicted of an offence against a law of the Commonwealth, or a law of an Australian state or territory
- you are found to have breached a visa condition, for example, you worked when your visa had a no work condition
- you hold a student visa but have failed to maintain appropriate enrolment, breached another visa condition, or have been found not to be a genuine student
- you hold a visitor visa but were found not to be in Australia as a genuine visitor.
Does the re-entry ban apply to all visas?
No. Re-entry bans are mostly imposed on applications for temporary visas. The ban does not prevent you from seeking a permanent visa, though the Department may consider your immigration history when making future immigration decisions.
Can a re-entry ban be removed?
No. A re-entry ban cannot be removed. If you apply for a temporary visa and you have a re-entry ban, you may ask to have the re-entry ban put aside for that application only. You must write to the Department and explain why you think it should be put aside. You can submit your written statement to have the re-entry ban put aside at the time you lodge the visa application or after it has been lodged and not yet decided.
Requests will only be considered if you can prove there are compassionate or compelling circumstances that affect the interests of an Australian citizen or permanent resident or an eligible New Zealand citizen. The Department must be satisfied that there is a strong reason to justify granting a visa before the end of the re-entry ban. If not, your visa application will be refused.
If the re-entry ban is put aside for that visa application, you will still need to meet all the other criteria for the visa, including health and character requirements, for a visa to be granted.
How do I avoid a re-entry ban?
If you comply with the conditions of your visa and maintain a valid visa while in Australia, you are not at risk of a re-entry ban. It is your responsibility to know what your visa allows you to do while in Australia and your visa’s expiry date.
What if I depart Australia with a bridging visa?
If you have continuously maintained a valid visa while in Australia, a re-entry ban will not apply.
If you hold or have held a Bridging visa C, D or E that was granted more than 28 days after your substantive visa expired (such as a student or tourist visa), a three-year re-entry ban may apply.
How can I find out if a re-entry ban applies?
Book a consultation to discuss your matter.