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 sir,
I came on vistor visa and applied for student visa and got refused as the information mentioned by my agent in my application form was wrong.mean while i underwent many sad up and downs and in a state of depression too. he then adviced me for AAT and again there he fed application with the same wrong information and i got refusal again with in half n hour after hearing and Now i have appealed for FCC and iam in a wait for my decision. I want to ask you if there is any chance to get back my visa or any other way to apply for my visa to stay in Australia or can I complain about my agent who totally guided me in a very wrong way. Unfortunately the agent is my in law relative so i had trusted him blindly. Please do advise me in this case . Thanks
Hi sir, My partner visa application recently refused.My question,can i still apply again or what other options to stay legally in Australia.This is the twice times that i got refused. Thank you.
Hi,
I came here with visitor visa and before end of the visa period I applied for protection visa 886 (permanent) due to circumstances. The application refused the same year June 2018. I lodge AAT and Am on Bridging Visa A since then. There is no reply from AAT up to now. Am worried if The appeal get refused. I need your advice if I can apply for sponsor nomination or independent skilled visa without leaving the country. Or the other way is it worth to wait the decision and if it failed to continue applying another visa? Am worried if appeal refused I will not have enough time to apply another visa before leaving the country.
Thank you on advance for your reply.
Hi Nilesh,
I lodged my 186 visa application onshore and travel overseas on 457 visa which was valid by then due to sudden border closures I got stuck overseas and 457 got expired. My sponsoring business shut down due to COVID-19 restrictions. Will I be able to get 186 approved? Or I will have the right to appeal as I’m overseas?
I’ll be great full to your response.
Hi Sir,
My student visa was rejected in 2019. Can I reapply for it? As I am willing to pursue my Masters from Australia.
Hello sir
I applied for my student visa in Australia in September 2020 and got rejection in Feb 2021 After completing my 12th in 2019 . I applied for diploma in college. Now I am in BSc final year . Can i apply for masters for November 2022 intake and what are the chances of getting visa.
My friend’s student visa was denied on the basis of having two brothers already in Australia and the income he earns is higher than what he going to earn in Australia as an optometrist.
Are there any chances of re lodging the student visa and what documents are required to get a grant for the student visa.
Thanks