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
Hello,
My brother’s tourist visa is recently cancelled. When can I apply his student visa, is it possible to apply.
Thanks
Hello Sir,
hope you are doing well
I have visa student refusal in 2018 in Australia then I have place my refusal to tribunal AAT. while I’m waiting for the hearing on the same time I also applied another partner visa subclass 500 (student visa) from off shore.
before I received the hearing notice for my appeal my off shore application partner visa has been granted then I withdraw my appeal from AAT tribunal.
If I want to apply for TSS subclass 482, will the refusal record affected? As I have withdraw my case before the hearing because of my off shore visa has been granted.
what do you think about my case?
Regards,
Edhi
Hi.. AoA sir… My student visa file is submitted in abmacy. In my file i give a letter of job experience letter for my 6 months gap in study. So when visa officer want to conform this letter and call to the person for my confirmation of letter due to some mistake he get the wrong or fake information about my letter but before the any comment or decision of visa officer i know about this situation then now whatt should be do by me… Can i inform the abmacy before their rejection that they should conform again…
hi my mom visitor visa got refuse (onshore application) is it still ok for her to apply for another visitor visa?? or she needs to apply another visa??
Hi my name is sam , my 491 visa got refused due to my BBAY’S AUTISM and he is born in here Australia and i am working in health care sector, but i would like to know can i apply for another employer nominated sponsorship visa after lodging my AAT? How much chance of success do I have to get the sponsorship visa?
What are the chances of getting a 482 visa approved with PhD experience? I have done research that exactly match with my nominated job but I have not received the PhD yet. I am planning to submit my PhD thesis soon. Do I wait until it is submitted or am I safe to proceed?
Thanks in advance.
my partner was on visa 417(working holiday visa) then he apply to get the his 3rd year. But after 1 year his visa never granted and he decided back to his country while he is in Bridging A, he leave australia without apply bridging B. And few days after he arrive in france, his visa got refused becuse its doesn’t meet with the criteria which he need to do farm work 6 months. But he only upload payslip less than 6 months. and now almost a year. He want to apply (offshore) student visa, we woild like to wondering is there any change for him to get the visa or he got banned because he leave australia while he is with bridging A and got refused. Any answer would be really appreciated because he really want to come back to australia. Thanks