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
my old school is over but i failed 1 unit and i Apple for new visa even different school different course can imi old school my old school outdated coe
can my old school give me trouble over my ex ceo and visa
Best rigards
Thank you
Hi sir
My student visa (subclass 574) has been rejected in 2016. My visa has been failed to meet PIC 4003(b). can I apply for The Skilled Work Regional (Provisional) visa (subclass 491) now or do I have to forget immigration to Australia forever?
Regards
Milad
Hello, I got a refusal on 482 nomination chef processed my employer agent. I am offshore. The main reasons were Organization chart(No cook and kitchen is noted listed), limited menu, small kitchen.
If my employer update the documents and reapply for nomination, is there any chance to approve?
Will it need LMT again in this case?
I have a student visa refusal later I applied for AAT appeal which also was refused so I applied in fed circuit court case is still on am I still able to apply for new sponsored visa.
Thanks
Hello Nilesh,
My partner(Australian) has already sponsored 2 of his previous partners. ( last one was 2014)
Now we are in a defacto relationship for exact 23months now. We are currently living in my place in Turkey. I ve never been in Australia.
Our relationship is genuine. We have many evidences to prove everything by photos, screenshots , documents, joint bank accounts, travelling overseas together, we made an investment(house) in turkey together etc.
We believe we have a really strong case.
But the only problem is that it will be his 3rd sponsorship. ( the other sponsorships were also genuine.They broke up. The one is still in Australia got PR, the other one is in Canada now. couldn’t get his PR)
But we are confused when we should lodge the application for 309 visa.?
Being in relationship for 24months is enough or should we wait for our relationship to be 3 years to make it long standing relationship to waive? (bcs we dont have child but we have 2 kittens :))
Additionally we are discreet gay couple in a conservative country. Sometime it s really challenging for us to live here.
And my partner’s all family is in Australia. And his father is taking cancer treatment recently.
Could you please tell us if we have any chance to get granted being in a relationship for 2 years or not?
I would appreciate.
Thanks a bunch
Hi I was just wondering if a partner visa was refused are there any other visa options we could apply for? Apart from appealing or going offshore to reapply.
Hi sir ,
My 485 visa has been refused and I have partner whose 485 visa is been granted, am I eligibile to apply partner visa while in onshore or do I need to go to offshore to lodge partner visa.