f 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 to 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 “cancelled”.
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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Hi, my name is Diana, i applied for a visitor's visor to Australia which was rejected on 12 January 2023, this the reason that i did not satisfy the provisions of the Migration Regulations 1994, the review rights says "there is no right of merits review for this decision" what am i supposed to do in this case?
Hi, my name is Diana, i applied for a visitor's visa which was rejected on 12 January 2023 reason being that i did not satisfy the provisions of the Migration Regulations 1994, and further says thee is no right of merits review for this decision. what am i supposed to do in this case?
HI,
I applied for Australia tourist visa through an agent who missed to mention about US tourist visa refusal in 2018 in the application. I was granted a tourist visa and travelled to Australia with my wife (a holder of TR visa and currently residing in Australia). My visa was cancelled as per Sec 116(1)(d) for incorrect information before immigration clearance and turned around to India. Can I now apply for another tourist visa or spouse visa to rejoin my wife living and working in Australia. Your response in this regard will be really helpful, thank you.
Hi sir, i am working in Australia as project manager. I have 400 visa for short term (6month) visa
My wife applied for visitor visa , but got the refusal so can you help me ? I want her to be here for 1 month so we both will explore the Australia . I have return ticket as well . I don’t have any intention to stay here . I came here for project only . After completing the 6 month I will go back. So is there any possibility to get approval after resubmit the application again for wife.
Reason of refusal was:
The applicant claims to travel to Australia to visit spouse.
In assessing these criteria, I have taken into account the information provided by the applicant in their visa application form and the supporting documents. I find that the information provided is not sufficient to satisfy me of their genuine temporary stay intention, and the applicant has not demonstrated that they have sufficiently strong commitments in India that would be an incentive for them to return to India.
The applicant claims to be employed with Sri Sri Ravishankar Vidya Mandir. I also note their employment documents, financial documents and other supporting documents.
More specifically, I have considered their economic circumstances and find that their claimed income, as per their employment documents, cannot be considered significant in the context of overall economic conditions and cost of living in India. As such, it cannot be considered as a strong incentive to return to India at the end of their proposed stay in Australia.
I further note that the applicant has also provided evidence of financial support from their spouse. While I have taken the offer of support into consideration, I have attached less weight to this evidence as this is not in itself sufficient evidence of a genuine visit. The onus is on the applicant themselves to provide evidence of their circumstances in India that would demonstrate that intention.
Australian High Commission, New Delhi
OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: http://www.homeaffairs.gov.au/about/corporate/information/forms/ online/australian-immigration-enquiry WEBSITE: http://www.homeaffairs.gov.au, http://www.india.embassy.gov.au
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After considering the information provided, I am not satisfied that the applicant genuinely intends to stay temporarily in Australia for the purposes set out above.
Therefore, I am not satisfied that the applicant meets the relevant criteria in clause 600.211 in Schedule 2 of the Migration Regulations.
hi Sir, I applied for the 600 visitor visa and got rejected I had all the papers needed although I went to Australia in the year 2018 and everything was good. I went on time and got back on time. Can I apply again? The reasons for denying is financial as they said and they were not sure that I am coming back to my home country
Hi team,
I got a tourist visa refused from Australia embassy and now I am applying for Spousal visa with my wife . I just want to know that am I able to re-apply my visa with my spouse or not.
Hello!
My visa E-visitor (651) was refused because that they didn´t had any evidence for employment my fundings in Australia due to it did not satisfy clause 651.21 of the Migration Regulations 1994. Ab eVisitor visa couldn´t be granted unless the relevant criteria specified in the migration Regulations is satisfied.
Can I now reapply and attach evidence of employment and fundings to satisfy my genuine intention to visit Australia as a tourist.
Do you have any advice about what evidence I need to attach so I give them relevant criteria specified in the migration Regulations?
My eVisitor application was refused. It was because I did not satisfy clause 651.212 of the Migration Regulations 1994 (the Regulations).
The refusal stated “the applicant has not provided acceptable evidence that they have access to sufficient funds to cover the cost of their travel to and stay in Australia. As such, I cannot be satisfied that they have adequate means to support, or access to adequate means to support themselves during the period of the their intended stay in Australia.
As they have not demonstrated that they have access to sufficient funds to support themselves during their stay in Australia, I am also of the view that they may have significant incentive to work in Australia in breach of their visa conditions.”
Can I re-apply for eVisitor again?
Hello,
I applied Australia visitor visa in April and December 2022. Both were rejected due to the same reason ;
"I have not demonstrated sufficiently strong employment, economic, family or other commitments in Indonesia that would be sufficient incentive for you to return to Indonesia."
My documents on the 2nd visa application was about 24 docs within more than 80 pages. I have complete my employment letter and agreement. For Financial (Economic), I have sufficient enough to stay there for 3 weeks. For Family, I am still single that provided family card where stated I am single. All of those attached with my Personal Letter that explain everything that I am a genuine person.
For my case, can I reapply with the visa (adding more and more documents) within next 5 month after 2nd rejection?
Thank you
My Visa Application for Sub class 600 was refused .. How can I apply again?
Thankyou