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 got refusal from study visa now what I do and tell me process of reconsideration of file launched and how many days will take in this ?
Hello,
I was in Australia from 2008 to 2016 dec. I came to Australia in 2008 as a student. 2008 -2010 I finished my Diploma in Graphic Designer, and 2010- 2012 finished my Advance Diploma in Business Management. I Applied RSMS visa in may 2012( as graphic designer in South Australia) & 2013 march visa got refused because employer withdraw the sponsorship, from 2013 to early 2016 on bridging visa A
( between this time I apples MRT, federal circuit, federal court, high court) After this last stage I did a protection visa ( from this visa I went Bridging visa A to bridging visa E) I left Australia on bridging E visa in December 4 2016. I never stayed in Australia illegally.
Currently (from 2020) I’m in the UK ( tier 2 Visa Still another 4 years visa left) working as a graphic designer.
Im planing to visit Australia to friends get to gather in October for 10 day. is my previous history effect my future Visiting visa application ?
Please help me with this
Thank you
I have 3 previous refusals of visa entry to Australia,can I still apply
I applied for a visiting visa and got rejected twice because of proof of funds. I am gonna re apply again after maintaining enough funds. Does the two rejections before affect my application now?
Hi sir,I've been refused a Tourist visa 2x
June 20 2023 refused and I apply and been refused again this July 26,2023 the immigration not satisfied the reason of refusal..am I possible again to apply student visa.. please help me..
Hi， my 101 child visa was refused because I exceeded the required gap period, and now I am on a student visa. Will this denial history affect my 485 visa application?
Hello we applied visit visa but its refused reason is he said your traveling history not strong ? Can we appeal what happen why they can reject visa
Hi
My visitors visa got refused,recently last month.
I have one question to ask.?
Is it possible if I was offer a job in Australia and that company will apply for my visa?
Hello! I applied for a tourist visa (subclass 600) but got refused because I failed to prove that I will just stay for two weeks in Australia and I am a student from the Philippines. Can I reapply for a tourist visa after, or I still have to wait for a specific number of days? What are the chances of getting accepted if I will provide enough requirements for reapplying? Please help me, my planned flight is on the second week of july. Thank you!
Hello! We got refusal for student spouse visa subclass 500 in june 2023. can we apply for subclass 491 now?