Immigration Guides

Can I Apply For An Australian Visa After Refusal?

September 5, 2024

Visa After Refusal: What to Do Next

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.

Refusal Is Different To Cancellation

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”.

Who Can Cancel My Visa?

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

Reasons Your Visa Is Refused Or Cancelled

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:

Non-Character-Related Refusal or Cancellation

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.

Character-Related Refusal or Cancellation

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.

The Toughest Cases

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.

Can You Appeal?

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.

Don’t Hide Refusal And Cancellation Decisions

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.

Take Action Immediately

If the Department cancels your visa while you are in Australia, you usually need to apply for a BVE (Bridging Visa E) immediately. This visa lets you either arrange your departure or apply for a limited group of visas or possibly appeal.

Moreover, if you intend to appeal your cancellation to the Administrative Appeals Tribunal (AAT), formerly known as the Migration Review Tribunal (MRT), you might also need to apply for a BVE.

Re-Apply Or File An Appeal

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 of Cancelled Visas

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.

Your next step!

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.

View Comments

  • Hi sir! How can I apply for a student visa after getting refused way back in 2013?
    Or is it best if I apply for a new visa?

  • Hi there! I recently had my subclass 801 residence visa (defacto) refused as a result of my ex partner contacting immigration right before I was due my PR and telling them we had broken up after an argument we had.
    I had my TR granted back in 2018 and have been waiting for an answer since then. I am 6 months into my enrolled nurse degree and wondered if there’s a chance I can apply for a student visa to continue my studies whilst still in Australia after a visa has been refused?

  • Hi Nilesh
    I applied for visitor visa twice, subclass 600, 3 years ago but they did not grant me, and both times the reason of refusal was, In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration Regulations is satisfied, you didn't make us sure that you will come back to your home country. Even I had invitation letter from my friend who lives in perth Australia on PR. Kindly suggest me what should I do so that they will grant visa. Thanks

  • Hi Nilesh,
    I have just received a Refusal Notification from Immigration because I sponsored my Mother-in-Law for Subclass 600. The findings was a Son-in-law cannot sponsor for tourist visa, it should have been my wife who should apply. Is it worth appealing or make a fresh application with my wife being the sponsor? Thanks in advance.

    Lloyd

    • The answers to your question is to make a fresh application.

      ​Regards​

      Nilesh Nandan
      BBus(Accy) LLB(QUT) MBA(IntBus)
      Immigration Lawyer | Special Counsel
      MyVisa® Immigration Law Advisory
      myvisa.com.au/about/
      1300558472

      *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.

      Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review

      • Thanks so much Nilesh, much appreciated. I will make a fresh application.

        Kind Regards,
        Lloyd

  • Hi Sir/Mam
    I mohammad wasif asmar.
    My visa 485 got refused in 2018 because I was late to apply 485 within 6months. I appeal for MRT but I got decision in 2019 that they can't give me 485 visa because I was late 22 days to apply for my TR. I lev the country within 28 days given time by court now am in India.

    I can provide my refusal emails as well.

    Is there any chances to apply any visa like visit visa 600 or 485 any other visa please suggest me. Am trying to get in country please help me by your advice.
    Well by very much appreciated.

  • Hi,

    I recently got refused for 189 visa, would I still be able to apply for a 186 visa because it says on the criteria that I must not have any visa refusals? Thank you.

    • Hello sir
      My application is refused Class XB humanitarian visa for afghan.
      Is it possible to apply again because they said in the refusal letter there is no review rights and can not be reviewed by AAT?

    • It all depends what visa you hold.

      if you substantive visa hasn't yet expired you can, otherwise you'll typically be redirected to 190, 491 or 494 in terms of skilled migration options.

      Regards
      Nilesh Nandan
      Immigration Lawyer
      MyVisa.com.au/about

      • Hello, I recently received a refusal notification for a 600 visa tourist stream right after I sent an update that I just resigned from my work last April 2022 but I submitted my application last Feb 2022, as if they waited for me to update them that I resigned from my work. Their reason was that I did not have work in my country hence I have "no significant economic ties to my country", and saying that after considering my partner's support, it still doesn't suffice. My question is, can I apply for an appeal for this? I feel like they didn't even check my other documents showing my investments and personal savings (which I can say is relatively subtantial). Thank you!

      • Pls is it possible to sue an education agent for negligence and errors leading to my visa refusal ?

        • The answer to your question is yes.

          Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review

          ​Regards​

          Nilesh Nandan
          BBus(Accy) LLB(QUT) MBA(IntBus)
          Immigration Lawyer | Special Counsel
          MyVisa® Immigration Law Advisory
          myvisa.com.au/about/
          1300558472

          *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.

  • Hii,
    My 485 visa was refused recently because i was unable to provide a AFP Check on time. My previous AFP check had expired as my file took more than a year to open. Can I apply for an appeal? What are my chances of getting a positive outcome?
    Thank you

  • Hello sir, my husband dependent visa got refused last year on gte basis. I am thinking to apply his tourist visa now. What are the chances of tourist visa grant.

  • Hi Nilesh,

    I am planning on applying for 190 or 491 skilled visa. I am an Enrolled nurse and satisfy the points. However, I am concerned whether my partner will be successful when applying as a secondary applicant. He had his sponsorship refused 3 times, has a fine with government which is in a payment plan and hold a bridging visa E. Do you think he will be successful? I will advised by another lawyer that he would but another said the opposite.

    Many thanks.

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Published by
Nilesh Nandan
September 5, 2024

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