Visa After Refusal: What to Do Next
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 Affairsdenies 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 tovisa cancellation. If you’ve been granted avisa 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 yourvisa is “cancelled”.
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, my mother had been rejected for a partner visa around 10 year ago.
As an 18 years old, Australian citizen am trying to sponsor her to come to Australia. Will the rejection of her past visa affect the approval of her new visa? If so what do I need to do? Thanks
I got my visa rejection from Australia twice, first i applied for tourist visa then for student visa.i fulfilled of all their recommendations till they rejected and mentioned that “there is no right of merits review for this decision and they cannot consider my visa application any further”. So now what should i do?can’t i reapply for the visa?
I have applied for the australia protection visa and it was refused as I have travelled back to overseas. It was still under process when i was in Australia. It got refused after 15 days from my departure from Australia stating the reason as travelled back. I am now offshore for 10 months. Now, my spouse want to apply for student visa. Is there any chance for me to get dependent visa?
Hi My mum’s Visa 173 application was refused as I did meet the criteria of staying 2 years in Australia when I applied back in 2014.. I jigesh arrived and applied for my my mum’s PR.
However I again reapplied in 2018 when I met the legislative requirements and currently waiting. I am quite stressed and want to know whether the earlier application refusal can be reason for this Visa not to be granted.
Thank you
Avi
Hi Sir,
I have been holding 408 bridge visa for nearly 6 months ( my previous aggent applied for me and I knew nothing about it and), have yet to hear from the IMMI, please advise what can I do that the IMMI will follow up my case.
Hi,
I’ve lodged an EoI for a 491visa and awaiting response. In the meantime can I apply for a student visa and in case if my student visa application is rejected, will that impact my 491 visa?
hi my visa class is WC / 030 bridging visa B. my protection visa was rejected. I’m now holding a bridge visa and waiting for the tribunal’s decision. can you tell me which visas else can i apply except partner or marriage visas
thank you