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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I am awaiting for the spouse visa decision for over 25 months now. My wife is with me at the moment in Australia with a visitor visa with no further stay. We tried and apply for a bridge visa A but was decline . What are my options now ? I want my wife to stay with me in Australia. This is affecting me mentally and financially.
Hi I am Australian citizen but I got my permanent residency through protection visa . I applied my mother visiter visa . But it has been cancelled. What option I have now
Hi Nilesh
My husband and I applied for a visa subclass 500 and we got refused
We came in australia as tourist but our tourist visa have a no further stay condition so we went offshore to apply for the visa
Can you help please
Hiiii,
I recently got my visa refused in Feb .
My agent relodge my file.
How i get to know that they relodge my file or not? I do full package that is why they don't share any information about this.
I have my immi account but there is no updation about file relodgment .
Plz guide me how to know about this.
I got my student visa refusal on 31 January and the reason mention is immigration regulation act 1994. Can I reapply the visa or should I give up my student dream.
I got my student visa refusal on 31 January and the reason mention is immigration regulation act 1994. Can I reapply the visa or should I give up my student dream
Hi Nilesh ,
My Australia tourist visa was refused before 3 months. Now I want to reapply. while filling application when I click yes on "Do you have an Australia visa cancelled or refused". Then a box opens up where we need to further explain.
I would like to know that what can be filled here. For a good outcome.
Hope you reply soon.
I applied for a Tourist Visa on line was refused on the grounds that I failed to attach some documents. Besides, as it was my first time to apply, I used the two words (tourist and visitor visa) interchangeably. I was supposed to apply for Visitor Visa, instead I applied for Tourist Visa. With deep regret, I appeal to your office to review my application or giving me a chance to reapply.
I applied for Australia student visa through an agent by November/December last year after going for biometrics and medical examinations.
Unfortunately,on 1st February 2023 I got a visa refusal notification through my agent.
Their reasons for refusing my visa wasn't clear at all, because I submitted all the necessary and required documents.
Pls am so heartbroken, I really need help.🙏🙏
Hi,
My brother and his family applied for general visitor visa. It got refused day before yesterday. The reason was that he is going to stay in Australia and he did not provide enough evidence that he will go back to India.
My question is, should I go to Tribunal to review his application or should I apply a new family sponsored visa ? Which category has greater and quicker chances of getting the visa ? Thanks you
Same for my parents from South Africa, please advise?
Hi Nilesh,
I have a visitor visa Refusal. Un my new application how should I answer "Has the applicant ever had a visa for Australia or any other country refused or cancelled" as after answering yes I need to write explanation further .