If you’ve recently had an Australian visa refused, you might be uncertain about your next steps. Can you submit a new application for another visa or a different type? Is appealing the refusal an option? Does your location—inside Australia or overseas—affect your choices? Do you need a sponsor to appeal?
In this guide, we’ll cover the basics of what you can do after the Department of Home Affairs denies your visa.
If your visa application is not approved and you don’t withdraw it, it will be considered “refused.” Visa refusal is different from visa cancellation. If you’ve been granted a visa and that permission is then taken away from you, that is a “cancellation. In such cases, the Department of Home Affairs will notify you that your visa is “canceled”.
Your employer or partner cannot cancel your Visa. Only the Department of Home Affairs has the authority to effect visa cancellations. While the Department can use information provided by your employer or partner, it is incorrect for them to claim they can cancel your visa themselves. Only the Department has this power
When a decision is made to refuse or cancel a visa, the notification of the decision to refuse or cancel is usually accompanied by another document. This other document will detail the reasons why your visa has been refused or cancelled. It’s important to understand what these reasons are.
Whether you can reapply depends on your specific circumstances. Your application might be denied for various reasons, but they generally fall into two main categories:
This type of visa refusal and cancellation is the most common. For instance, if you unintentionally provided false information on your application, it could be denied. Similarly, failing to meet the criteria for a specific visa may lead to refusal.
Generally, this type of refusal or cancellation will not prevent you from submitting future applications, although there are notable exceptions.
This cancellation occurs if you fail the “character test,” which is a serious issue. The government can cancel or deny your visa for failing the character test. This situation typically affects individuals with extensive criminal records, those who have committed offenses, broken Australian migration laws, or engaged in serious criminal conduct.
It is difficult to appeal a refusal or cancellation based on character-related grounds. It is difficult but not necessarily impossible.
A character-based visa denial or visa cancellation can result in a permanent exclusion from Australia.
You can expect to be detained and you will have difficulty in getting a bridging visa (to exit detention) while any appeal is pending.
Depending on the circumstances of your case, including the basis of the refusal or cancellation, and how recent it was, you may be able to appeal. In some limited cases, you may be able to make a new visa application.
The opportunities for appealing an adverse decision or applying for a different visa will vary, depending on your case.
If you have had a visa application refused or been subject to a visa cancellation in the past, you must declare this when applying for future visas with the Department of Home Affairs. The previous adverse decision will likely impact your eligibility for future visas.
Avoid omitting past visa refusals or cancellations. Immigration authorities will discover if you fail to disclose this information. Be honest, as misleading the Department about your immigration history can lead to serious consequences.
Your next step depends on the reasons for your visa refusal or cancellation, and the type of permission that has been denied or cancelled.
In some situations, you may just need to complete a new or different visa application, which could lead to approval.
Alternatively, you might need to appeal the adverse decision. Most onshore visa applications allow you to appeal to the Department of Immigration. Additionally, some offshore visa applications with a sponsor may also have appeal rights.
Revocation typically involves Visa cancellations under section 501 of the Migration Act or cancellations when the visa holder is abroad. If this applies to you, you need to apply for revocation within a specified period. Additionally, ensure that your submission addresses all required points to be considered.
In certain situations, you must file for revocation of a cancellation decision within the designated timeframe. Furthermore, your submission must cover specific points to qualify for consideration.
To find out which option is right for you, get in touch with Nilesh Nandan at MyVisa Immigration Advisory for a case review and discussion about your options. Together, we can determine the best path forward if you have been subjected to visa cancellation or refusal in Australia. Contact us online now to get started.
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Hello, my visa got refused saying couldn't meet the requirements of migration regulation 1954,so what could be the reason
Hello, my visa got refused saying couldn't meet the requirements of migration regulation 1954,so what could be the reason
I got usa visa rejected. I want to apply for Australia .do i need to share the information of my rejection of visa to Australia government.
Hlo .. before 1 year I got visitor visa refusal for 2 times in Australia.. so now can I get student visa ?? Plz provide me right information 🙏🏻🙏🏻🙏🏻🙏🏻
Hi Nilesh
My visa Application been refused.
Should I resubmit or appeal for the application?
Please advise.
Thank you so much
Peggy
Hi my name is Eugene.
My employer nominate me for a 482 visa and the nomination is already approved but we have visa cancellation before (protection visa) and currently we are on appeal on medical visa. We try to waive the 48 bar but it was refused and said on the letter that we need to go outside Australia to apply the 482 visa. My question is how big is the chances that they will grant the 482 visa after leaving Australia?
Please im hoping for a truth answer so we can decide what to do. Me and my Family are here and the kids are still studying.
Thank you very much. 🙏
We plan to go to Perth from 24th April 2023 to 30th April 2023. 4 family members were granted tourist visas and and the other family members ie my daughter- in law's and my grandson's application were rejected. My grandson is 2 year old. The reason given were financial capacity and commitments in the country of residence so they are not satisfied that we have sufficient incentive to return to our country at the wnd of our trip. Their applications were rejected three times already. We have given financial statement of my husband as the sponsor for the trip.
Would appreciate your help on this please.
Thank you.
I applied for a visitor visa on the 7th of March, I got a refusal of visa on the 29th of March. In my visa status is said that refusal of visa against the Migration of regulations 1994. My last visit to Australia was in February 2020, it was during covid 19 at that time. I was just going for 6weeks stay, so when things started to shut down e.g airports ad roads around Australia and even my home country Fiji. I started making arrangements for my return flight back to fiji.
On the 23rd of March my flight was booked to return to fiji. I had to take a flight from Melbourne to Brisbane to get my flight back home. When I got to the airport to my dismay...my flight home was cancel and was told to come the next day on the 24th. So I went back to the airport the next day. I had everything checked on the 24th of March, so flights were confirmed to leave Brisbane....the flight was leaving at 9.30am. I was waiting at the lobby to borde the plan,when virgin Australia made an announcement that flights to fiji was delayed, so 3 times it was announced til the final announcement at mid-day that the flight to fiji has been canceled due to Fiji has closed its border. So I flew to Sydney to make arrangements with the fiji government of my return bck home. So my stay in Australia was already the 4th week and I had to be bck in fiji on the 5th of April. So I stayed in Sydney for another 2 weeks but no luck to get me out of Australia in time before the 5th. So I flew out of Australia on the 10th of April. I had over stayed 5 days in Australia...To my understanding my visa was affected by Covid-19.
After 2 years now I applied for my visa and was refused by the act of migration regulation 1994. I searched for what it meant, and it says that I have been an unlawful citizen of this country, and that I have applied for a bridging visa. Which I have never applied for when I was in Australia.Please could you help me,
what step to take next? I have proof of my flight tickets and cancelation if flight on the day that I was suppose to fly out of the country.
still waiting to know how time much need to wait for a Reapply visitor visa after the refusal.
What should i do if my visa got refused today and I'm planning to go australia on end of may? I am a malaysian trying to apply for australia visitor visa. I am going for my friends graduation and tour there for a bit. Plz reply asap