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 sir
My sister in law student visa has been refused from tourist visa. She is currently in australia.
What we can do.
hey i just get my visa refused because i apply a wrong one (the call centre tell me to do visa 461 nz family member- im 27 yo my step dad is nz)… can i do something about it?
me and my partner have a 2 years relationship and we’re engaged… can i do a partner visa after the refusal?
Hi,
My husband and I, we applied for protection visa and we refused 3 times from Immi, AAT and FCC. We applied for the higher court but We want to know that any chance for other visa if we leave Australia and then apply.
Thanks
Hi, I am a Brazilian student who moved to China with my family due to my father's job. I had a family visa when I first came to China. However, after I turned 18 I could no longer stay in China with a family visa. therefore, in order to stay with my family in China I managed to get a business visa even though I was not doing any business. I am planning to study in Australia next year. Do you think that the fact that I was in China with a business visa only so that I could continue to live in there could affect the chances of my Australian visa being accepted?
Hello Nilesh,
I am postgraduate student here in Australia and I hold subclass 500 student visa. I applied for my wife visa "student visa (subsequent entrant) (500)", but got refused due to unable to show tangible properties I own from back home, which I don't have. I feel that, this is unfair visa decision. So, do you thing, re-applying is safe in this scenario? Thanks for your help.
Cheers,
F
Hello sir,
Me and my partner got refusal 485 visa due to 485.231 does not met by applicant. Because we lodged file 25th feb 2020 as our visa finishes, Then next day we got results on 26th February(passed). But university gave us latter on 25th feb as finished masters to apply 485 visa. What should we do now??
My partner visa refused, and just wondering if I can apply for visitors visa or anyway I can travel overseas after I get into AAT. Currently I have bridging E non Travel.
Hi Nilesh,I am Agnes from the Philippines.I want to tell you my situation.I came here as a student last May 2019 whilst we were on a student visa a friend of a friend introduced us to his friend.We were new in this country on that time and we do not have any idea about this .This man or recruiter told us to apply for a protection visa as this visa can help us in our situation.He told us all the pros of this visa and all of us were totally have no idea about this such as we do not need to study,no need to pay our tuition fees and we will have a full working rights.We easily trust this man without any hesitations to cut the story short, we applied for the protection visa last June 2019 paid him $1,500 each.At first,we were so happy however,as the time goes by we found out this visa will lead us into trouble because this is not the right visa to get for us.We are stressed about this and we regrets about this as we don't know the cons of this visa before.We feel very stupid about trusting someone easily and applied this.To be honest,If we just knew it before we will not apply for this protection visa.I withdrawn this visa and I really want to go back as a student here.I am on a Bridging Visa E now.I would like to ask,if there is any way to bring us back to student visa?Hope to hear your reply with regards to this matter Sir.
Hi,If I get student visa refusal by Pic 4020, can I apply for partner visa after that? Or wich visa options do I have un this case. Thanks
Hi, my husband was working in New Zealand with a open work visa. But unfortunately he couldn’t return and now the open work visa is expired. Is there any other way to renew the visa and even his employer is willing to help him out to get him there since his position is vacant.
Please advice me on this and what is the best possible solution.