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 brother student visa got rejected. What should we do please advise? Thanks
My 485 visa is refused after one year waiting due to wrong stream. Can I reapply for 485 or any other visa which can help to stay in Australia.
Hi Nilesh,
I completed my PhD here and applied for my graduate visa, but got rejected due to the late submission of my application. I misunderstood the term 'completion of study' thinking that it is when I attended my graduation ceremony. I applied for a review at AAT but was not successful. I have lodged an appeal to the Higher Circuit Court. While waiting for this appeal, I am looking for other possible visa options. I am not sure what kind of visa options are available to me. Any advice on this is appreciated.
Kind regards,
Hi dare,
I got the rejected visa after they find out my fake marriage, could I apply for the skill visa now???Cause now I got all the experience and skill certificates and can I apply inside Australia or I need to leave outside to apply?
Thank you
Hi
My protection visa got rejected Early last year (2020) and ever since I automatically appealed to the AAT and it’s been more than a year and few months now now and I still haven’t gotten any response from there.
What must I do now?
Please any advice is highly appreciated 🙏🏽
And how do I get in contact with you.
Hi Sir, my student visa got refused onshore, is there any other type of visa I can apply for?
Thank you
I am currently on bridging C visa on my AAT application review of tourist visa refusal . I am currently in Australia . I would like to check can I make offshore application if I receive 189 invitation while I am waiting for AAT review ?
I am awaiting PR from state nomination (190). I have been waiting almost 2 years now, my job got a bit overwhelming and I had to quit and move state to be with my partner while awaiting PR. I am currently on bridging visa A with my kids will this affect my chances of PR if I apply for jobs in a different state while am waiting on 190visa. Or is it better to just take a vacation and wait back in my hone country.
My 485 got rejected, and the reason mentioned was that I didn't provide AFP check..... I have my AFP check with me but at the time of filing visa it wasn't with me and later I didn't upload it as I was pregnant and now my visa is rejected please advise me what is my next best step to do?
thanks
Hello,
Will I be banned from Australia if my protection visa got rejected?