Explaining the 10-year re-entry ban (exclusion period)

Following our recent free visa guide explaining circumstances where a 3-year re-entry ban or exclusion period may apply, we are now explaining circumstances in which certain persons may face a 10-year re-entry ban or exclusion period and accordingly be banned from entering Australia for a period of 10 years.

Disclaimer: The information provided on our website or on any of our social media platforms is published for general informational purposes only and does not constitute legal advice. The information provided on our website or on any of our social media platforms about the migration regulations, policies and legislation is current as of the time it is published, and may be subject to change. Your use of the general information published on our website or our social media posts does not create a solicitor-client relationship between you and Inclusive Migration, and you should seek legal advice about your options from a legal practitioner or migration advice from a migration agent registered with the Office of the Migration Agents Registration Authority before proceeding with any application.

What is the purpose of the re-entry ban and where does it apply?

The general purpose of the re-entry ban (more technically referred to as an exclusion period) is to identify Visa Applicants who may pose a risk to Australia because of previous breaches of immigration law, and accordingly preclude certain non-citizens from being a granted a visa.

While certain non-citizens may be subject to a 3-year exclusion period where they have overstayed their visa in Australia, had their visa cancelled or have provided false or misleading information to the Department, an extended 10-year exclusion period may apply to persons who are unable to satisfy the Department about their identity.

By way of background, all visa applicants are required to provide proof of their identity in support of a visa application, through identity information and documents, so as to satisfy a decision maker about their identity. Simply put, a visa applicant must prove that they are who they say they are, failing which they risk not only being refused a visa under Public Interest Criterion (PIC) 4020(2A) of the Migration Regulations 1994 (Cth), but also being barred from obtaining another visa for a period of ten (10) years after the refusal of their visa application for identity reasons.

PIC 4020(2B) further extends this 10-year period as including visa refusals up until a decision is made on the current visa application, which means that even if a person or an accompanying family member being included in a visa application is refused another visa application under PIC 4020(2A) after lodgement but during the processing of the current visa application, the 10-year re-entry ban may prevent the current visa application from being granted.

In particular, if any visa applicant, including a family member who is being included in a visa application, was previously refused a visa under PIC 4020(2A) because they failed to satisfy the delegate as to their identity in the period starting 10 years before the current visa application was made and ending when a decision is made on the current visa application, the visa application cannot be granted, unless the applicant in question was under 18 years of age at the of the previous refusal under PIC 4020(2A). This sole exception prevents minors from being disadvantaged by the fraudulent actions of their parents or guardians. On the other hand, since multiple exclusion periods may apply to a single applicant, persons who were under 18 years of age at the time of the previous refusal under PIC 4020(2A) may still be subject to a 3-year re-entry ban or exclusion period if they were also found to have provided false or misleading information in a previous or current visa application, such as through bogus identity documents.

Can the 10-year re-entry ban be waived?

Unlike the 3-year re-entry ban or exclusion period which may be waived based on compelling or compassionate circumstances that affect the interests of Australia, an Australian citizen, permanent resident or eligible New Zealand citizen, there is no waiver provision in relation to the 10-year re-entry ban when it comes to the identity requirement in PIC 4020(2A).

This means that once a person has been refused a visa for identity reasons under PIC 4020(2A), unless the person was under 18 years of age at the time of the previous refusal under PIC 4020(2A), he/she cannot be granted another visa for ten (10) years after the refusal.

If I am subject to a 10-year re-entry ban, will I be fine as long as I apply for another visa after 10 years have passed?

It is important to note that even though the re-entry ban may not apply to persons who are applying for another visa more than 10 years after a previous visa application was refused for identity reasons, their adverse immigration history and potential difficulties with proving their identity may certainly result in significant complications in a subsequent visa application, as well as increased processing times due to the increased likelihood of any future visa applications they lodge being scrutinised by the Department.

Additionally, visa applications affected by identity concerns may also be plagued by allegations or findings that bogus information or documentation containing false or misleading information (e.g. fraudulent identity documents) may have been provided. In such cases, the Department is likely to scrutinise all identity information and documentation which is provided in support of a subsequent visa application when assessing the veracity of not only the visa applicant’s identity claims, but also all other claims being made in the visa application.

Visa Applicants with an adverse immigration history, including where they were previously refused a visa, had a visa cancelled or overstayed a visa in Australia are encouraged to seek legal advice and representation prior to proceeding with another visa application.

What about the 3-year re-entry ban?

For more information about the 3-year re-entry ban, please refer to our free visa guide explaining the circumstances where a 3-year re-entry ban or exclusion period may apply and how this may be waived.

Should you wish to discuss your eligibility for a visa where you may potentially be subject to a re-entry period or exclusion period, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.