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 have a student visa refusal later I applied for AAT appeal which also was refused so I applied in fed circuit court case is still on am I still able to apply for new sponsored visa.
Thanks
Hello Nilesh,
My partner(Australian) has already sponsored 2 of his previous partners. ( last one was 2014)
Now we are in a defacto relationship for exact 23months now. We are currently living in my place in Turkey. I ve never been in Australia.
Our relationship is genuine. We have many evidences to prove everything by photos, screenshots , documents, joint bank accounts, travelling overseas together, we made an investment(house) in turkey together etc.
We believe we have a really strong case.
But the only problem is that it will be his 3rd sponsorship. ( the other sponsorships were also genuine.They broke up. The one is still in Australia got PR, the other one is in Canada now. couldn't get his PR)
But we are confused when we should lodge the application for 309 visa.?
Being in relationship for 24months is enough or should we wait for our relationship to be 3 years to make it long standing relationship to waive? (bcs we dont have child but we have 2 kittens :))
Additionally we are discreet gay couple in a conservative country. Sometime it s really challenging for us to live here.
And my partner's all family is in Australia. And his father is taking cancer treatment recently.
Could you please tell us if we have any chance to get granted being in a relationship for 2 years or not?
I would appreciate.
Thanks a bunch
Hi I was just wondering if a partner visa was refused are there any other visa options we could apply for? Apart from appealing or going offshore to reapply.
Hi sir ,
My 485 visa has been refused and I have partner whose 485 visa is been granted, am I eligibile to apply partner visa while in onshore or do I need to go to offshore to lodge partner visa.
Hello sir,
My name is Rudra patel. My uncle applied visa subclass 117 (parmenent) for me in 2017 and visa got refused. Am I eligible to get student visa even if I have previous visa rejection history??
If the application is made offshore I cannot see any prohibition to make any further Visa application from overseas except your uncle has provided Your uncle has not provided any false or misleading information or provided a bogus document in relation to the previous application.
Your age at the time the application was made might also be relevant in relation to the sanctions impose against you if full for misleading information provided.
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Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
In Australia
Hello I’m here waiting for my review with the AAT but my Uncle was the one who lodged my visa am I allowed to live with my partner till then?
Hi,
I submitted the wrong police check for my 485 visa.
Please advise me what to do now.
I really need your advice.
Hi
My protection visa application was refused.
And AAT is only next option to stay in Australia.
I haven’t applied for AAT review but I would like to get some advise before my next step as AAT is my only option to stay with Family in Australia.
Please take steps to get an appeal lodged! You’d be crazy to not lodge an appeal. You have 21 days only. Don’t screw this up!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a chat with me here. https://myvisa.com.au/10-Minute
Hello sir,
My brother visitor visa got refused and i have applied in AAT in 2020 for reviewing my application.
Now, my brother want to apply for student visa so what should i do? Can he apply student visa without withdraw the application from AAT?
Please advise ?
Thank you,
Regards,
Nazia
No. If he is here on a bridging visa, he can’t apply for a student visa while in Australia.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Hi sir i hope you are doing well!
I am stuck India from Feb 2020 to till date and my visa was expire 05 November and i got refused 2 times. i am doing cookery in Melbourne college. There is any chance to re-apply visa and will be grant.
thank you
sukh
how can i contact you
You can reapply. Get a fresh CoE and now.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute