Visa After Refusal: What to Do Next
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.
Refusal Is Different To Cancellation
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”.
Who Can Cancel My Visa?
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
Reasons Your Visa Is Refused Or Cancelled
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:
Non-Character-Related Refusal or Cancellation
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.
Character-Related Refusal or Cancellation
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.
The Toughest Cases
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.
Can You Appeal?
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.
Don’t Hide Refusal And Cancellation Decisions
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.
Take Action Immediately
Re-Apply Or File An Appeal
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 of Cancelled Visas
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.
Your next step!
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.
663 Responses
Hi i have launched my temporary residency visa in december 2020 but i made a mistake that is i booked my pte exam after launching the visa so now what happens to my visa can u please suggest me any possibilities
Thanks
Harsha
Hi, my spouse is currently applying for her partner visa, however, I was unable to give the documents in time (months late) what is your experience with regards to late applications who sent their documents late.
Can I assume that you made a valid application in the first place. For a partner visa this is usually paying the right fee and completing the right forms online.
It is a little bit more complicated if you are unlawfully present in Australia at the time of making the application in Australia but you have not indicated this is the case for you.
I would immediately upload any relevant material to the relevant immiaccount. If you are unsure as to whether or not you have met the requirements for a valid application or whether you have met the requirements we just admitted to be met as at the date of application and again as of the date of decision then if you consider getting some advice.
I had a protection visa and it was refused. I am now offshore for 7 years. Now, my spouse want to apply 482 visa. Is there any chance for me to get dependent visa?
Difficult but not impossible.
I would definitely handle the application carefully as there is a risk of refusal if the Delegate making the decision feels that you will again make a protection visa application.
My sister’s student visa got refused recently on 04/07/2021.She is staying in Australia now . Please advice what can be done next.
Kind regards,
Sujanya
You need to get urgent advice as to whether or not an application for review in respect of the decision to refuse the student visa or to be made.
If you fail to make the application within the prescribed period of time then you have a very serious problem.
Section 48 of the Migration Act seriously limits what can be done after you have received a visa refusal at the time of holding a bridging visa.
Hi, I studied Masters in Australia from 2017-2019 & when I applied for my 485 Visa, it got rejected because I made an error in the application. I uploaded the wrong police check (standard police check instead of the FPC) . This happened in 2019 November. I could have appealed but I didn’t & I came back home. I’ve been working at home since then & now I have the points for the 189 Visa & I would like to apply for it, but I’m not sure If I’ll be eligible because of the 485 rejection earlier. So, could you let me know if you could help me with this.
Thank you Ari.
From your comments I can safely proceed on the basis that you were diligent and exited Australia before the expiry of the bridging visa which you would have been granted in association with your application for the subclass 485 visa.
Provided you did this then you would not have been present in Australia without any visa and you would not have needed to lodge any bridging visa E class on the basis of departure, also known as a “bridging visa based on departure grounds”.
In such circumstances that is no adverse consequences in relation to any application you wish to make now for an expression of interest nor any subsequent application for a subclass 189 visa as soon as you are invited to make that application.
If you’d like a quotation for me to assist you with the expression of interest or with the subsequent skilled independent migration visa application then please contact my office.
Before you contact me please send me a copy of your skills assessment and make sure you have your English language test results and your evidence relating to character.
I trust this answers the questions you have and negates the concerns and worries you may have been unnecessarily carrying with you since exiting Australia.
Very best wishes to you!
Nilesh Nandan
Immigration Lawyer
There is any chance that can apply other visa after holding E050 visa from onshore ? Your suggestion will be much more use full for me . Thank you
Sam
My protection visa was expired on 28.07.2021. The tribunal was refused my visa. Can i applied for another visa after apply BVE 050…because now my company offer me for fulltime employment.
The short answer is that you can only apply for a further bridging visa if you apply for any visa at all full stop one exception to this rule is that you could possibly apply for a partner visa if you have an Australian partner.
Otherwise you’ll need to go offshore and make the relevant application from overseas and stay overseas until such time as that visa is granted.
Two things which should concern you are the fact that you have already come to Australia and lodged a protection visa as well as whether or not there is any exclusion period which apply to you because you hold a bridging visa E.
The fact that you have made a previous application for a protection visa for Australia may hinder the processing of an application from overseas.
Hi,
My brother’s student visa got refused recently on 11/1. Please advice what can be done next.
Kind regards,
Grimsy
I am stuck in India last 16 months. My visa expired 31 May 2021(visa subclass 485).then I apply student visa 28 may 2021 but refusal my visa today. What we can do?
You can re-apply.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Hi my protection visa got cancelled can I still lodge another visa under parent visa subclass 103??
Hello sir, my Australian student visa was rejected in2018 please suggest me now I could try or not
You can make a many applications as you want if you are outside Australia unless you have been excluded from making an application, for example because you provided false or misleading information.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/