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
Hello Sir,
My sisters visitor visa got refused 2 times on 2020. She wanted to come to visit me on my graduation. Now she wants to apply for student visa. Is it going to effect while applying for student visa? Any idea that visa will be approved or refused again? Or its waste of time to apply for student visa?
My sister’s visitor visa was cancelled 2 times on 2020. She wanted to come for my graduation but now she wants to apply student visa. Is there any chance that her visa will be refused again? Please suggest.
If my protection visa gets refused, can I apply for 190 visa if I have the skills and work experience.
Sir, 2 years ago my visitor visa for australlia was refused for my salary issue.. i dont know why but it was my genuine salary… Now i am applying for dependent visa with my wife as my wife is main applicant,,, does my previous visa refusal will effect this one too?? Should i withdraw my name from the list
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. Thanks.
Hello sir,
I applied for Australia study visa subclass 500 with my spouse and got refused in may 2019 for the reason that I have week personal ties with home country that I will not leave Australia in the end
I did my masters in 2018 economics
Course applied for masters of finance
Now working as a team head in a Pvt Ltd company
Now what should I do ?
How can I reapply for Australia student visa please suggest me can I reapply student visa without spouse?
Hello Sir,
My Niece’s Study visa got refused due to incorrect family information represented by agent and wrong funding documents. Her brother information in application form was wrongly interpreted and similarly funding documents of brother was also not that what we provided to agent. we provided her father income proofs but that got exchanged with someone’s else profile.
Application was submitted under Sudent Temporary (class TU) subclass 500.
Application got refused under Clause (500.212 in scheduled 2 of the Migartion Regulations.)
These were the reasons given in refusal.
I have given regard to the applicant’s circumstances in their home country.
I have considered the applicant’s circumstances in her home country according to
information provided in support of the application. The applicant is single and has parents
and a sibling residing in India.
The applicant has not demonstrated any assets, and no evidence of her own economic
circumstances or ties to India have been provided. Furthermore, while she makes claims
regarding her employment opportunities in India, there is no evidence to substantiate her
plans apart from generic statements.
Whilst I acknowledge the applicant’s parents may act as ties to India, I find these ties do
not, of themselves, constitute a strong incentive to depart when considered against the fact
that strong employment or economic circumstances in her home country have not been
evidenced apart from claims and statements made regarding potential employment in India.
In summary, these factors include:
● the applicant’s circumstances in their home country, including the applicant’s economic
situation, political and civil unrest in the applicant’s home country, the extent of the
applicant’s personal ties to their home country, whether the applicant has sound
reasons for not studying in their home country if a similar course is available, and
military service commitments that would present as a significant incentive for the
applicant not to return to their home country
● the applicant’s potential circumstances in Australia, including the extent of the
applicant’s ties with Australia that present as a strong incentive to remain in Australia,
evidence that the student visa program may be used to circumvent the intention of
the migration program, whether the Student visa or the Student Guardian is being
used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of
concern
● the value of the course to the applicant’s future, including the course’s consistency with
the applicant’s current education level, whether the course will assist the applicant to
gain employment in their home country, relevance of the course to the applicant’s past
or future employment in their home country or a third country, and remuneration and
career prospects in the applicant’s home country or a third country to be gained from the course
● the applicant’s immigration history, including visa and travel history for Australia and
other countries, previous visa applications for Australia or other countries, and previous
travels to Australia or other countries
● if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the
applicant
Is there any possibilty of refilling?
If yes, then what we can do to relodge the file?
I will be grateful for your advise.
Thankyou in advance for your response.