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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Hi
Here Soniya
I had lodge my 485 visa on 2020 but after I was pregnant so I was not done with my medical but ya my husband’s medical Document I was submitted, after baby born I was submitted my medical document on 2021 and AFP 2020. My question is, yesterday I received the mail from immigration department that was refused my file because of I was not submitted the AFP, but I did it on 2020. They required new one but I do not know that the AfP is valid upto 1 year. Can you please suggest me what the next steps? What can I do ?
Firstly can I apologise for the lateness in responding to this rather urgent question. I hope that you have resolved the issue already but for the benefit of all other readers of this webpage I will answer your question.
Firstly if the 485 Visa application is refused then you will have very limited opportunities other than to make an application for review at the administrative appeals Tribunal. When you make such an application you would likely to receive a Bridging Visa "A" Class (Subclass 010) in association with that application. The application must be made within 21 days of the date of decision by the Case Officer.
At the time of application for a subclass 485 you will need to accompany the application with evidence that you have made application for an Australian Federal police clearance wall that you have in fact the certificate already provided by them and the certificate as one which is sufficiently fresh.
Where no evidence of a sufficiently fresh police clearance or the actual police clearance application is provided then you can expect a refusal and it can be extremely difficult to when any appeal against any decision to refuse. Whilst you may certainly obtain an extended period of time until the 80 he is your matter and any further appeal period expires, the circumstances you have explain suggest to me that you'll need to have a very good Plan B. please do let me know what you ended up doing and provide further information to me or book in a chat with me to discuss the appeal going forward.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute-min
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
*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.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hi,
I am about to lodge a visa 189 with my partner as a dependent. My partner had her tourist visa refused in 2018 due to insufficient evidence but was granted tourist visa after we reapplied. Will this affect the visa 189 application?
Nurul
This is a great question. Of course it would be better if you had never had any refusal and neither had your partner had with REFUSAL whether for an Australian Visa or for any other country.
The good news is I do not expect the prior Visarefusal to have any new negative impact in relation to your subclass 189 Visa application lodgement provided that no fulfil misleading information or incorrect answer although this document has been provided in relation to all previous applications.
It's great that you had received a grant letter for your partner after first receiving a refusal letter for your partner at all things being equal I would not stress at all about any negative impact on the 189 Visa and look forward to welcoming you here in Australia as an Australian permanent resident in due course.
*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.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
I am onshore and my visa got refused on 14/03 because I did not take medical exam ( I was unwell on that date). However on the 12/03 I rebooked the new medical appointment but my agent forgot to update it. Visa refused because I did not comply pic 4005. Havent got medical exams doesnt mean I am unhealthy. Is there any chances that I can win AAT?
Thank you
My tourist visa was refused recently on basis that I am not a genuine visitor. Previously I applied with the same job letter I was granted but this time no.If I will reapply since I have started my online business and I am director of company will I be able to get visa this time
Hi, I want to apply for spouse visa. I have done B.sc non medical in 2020 and currently doing b.ed (last semester) and want to pursue masters in Australia. My spouse got rejection on study visa 7 years back. Is there any chances that we can together file a spouse visa by the end of this year? Are there any chances of rejection?
Hi, i had applied for austrailian study visa back in 2014 and got refusal and now i want to apply again for MS after my graduation but the problem is i dont know the reason of my refusal and i dont have any letter as it happen 8 years earlier so how can i can get the plz help me in this regard...
Thanks
Hello sir
I m 26 years old and last month applied for visitor visa as my 1st cousin invite me to visit australia who is Australian citizen but I got refusal. Should I try again for visitor visa? Can I apply for student visa after one month getting refusal in visitor visa ? Please answer sir
Hello! My boyfriend’s 485 visa got refused on the grounds that he forgot to attach a police verification form. He had a court hearing where AAT reconfirmed the refusal and gave him 21 days to appeal again. Unfortunately, he had to leave two days after the hearing, on a bridging visa A because his younger brother passed away overseas. He sent the 1006 form to change to bridging visa B three days before flight, included death certificate and other documents but immigration took too long.
Now, can he apply for a student visa again? Or is a partner visa an easier option? I am a citizen here and we have been in a genuine relationship for 4 years now.
Hi, I am currently studying in Australia holding visa subclass 500. My boyfriend who is British army applied tourist visa from offshore, with all his credentials uploaded including employment holiday letter and all. But the visa got refused stating that the person has no genuine intentions to return back. We are not the satisfied with the comments behind our visa refusal. What can we do further?
My Brother applied for visitor visa to visit me. He applied offshore. His visa got refused on 29th March 2020. The reason for rejection was related to no proper reason to leave Australia after nominated time frame.
Can I apply his visa from Australia?