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,
My student visa application for Australia was refused in 2012. I continued studing in Nepal and have finished my master’s degree in 2020. I also have been to Austrlia in 2019 in tourist visa sponsored by my brother and returned back to Nepal before visa expiry without any issues. So if I want to apply for student visa now, how slim is the chance for visa approval this time?? I have already got an offer letter from Curtin University,WA.
Thank you for your time..
My ground for refusal was unability to explain about intended course in the phone interview taken by High Commission.
Rohan
The problem will be whether or not you are in fact a genuine student. You are studying and studying and studying and you need to convince decision-makers that there is a valid reason why you want to continue with further studies. Your GTE statement will be very important.
I hope this is helpful. It is certainly use will let you have a confirmation of enrolment from curtain university already and I wish you the very best with making the application and being with your brother again in Australia.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Hi
485 visa has been refused because immigration officers didnot receive any information regarding the health examination booking date between 90 days because some mistakes done by consultancy.
Is there any chance of getting 485 visa again and any affect on Permanent residency in Australia? . Can you please guide in this ?
Tha k you
Hi Sir,
My friend’s TR visa was denied due to a misunderstanding about the course completion date.
She has only given her 21 days to file an appeal. Could you please tell us if she has a chance of getting a visa after the appeal?
She earned a good grade on her master’s degree from Monash University. The only issue is that she listed the thesis submission date as the course completion date on her application. Aside from that, her documents are upto date and complete.
She received an email informing her of the error in the application and was given some time to correct it. But she wasn’t quite understanding it and couldn’t do the right thing.
Could you please give us your honest opinion on this so that we can move forwards?
Thank you in advance,
Sarthak
Hi there, my Mums student guardian visa extension was refused in Australia on grounds of possibly extending her stay for no reason (according to home affairs). She has left the country since. Does this affect her future visa applications e.g parents visa?
My australian student visa get refused having one reason that you would not stay temporary in Australia so what should I go for appeal to Australia or not
And how fee is for appeal in india
In 2017, my husband applied for a student visa to study for his master’s degree in Australia, and I applied for a dependent visa. Both visas, however, were denied. Now that it’s been four years, we’d like to apply for a student visa and a dependent visa. Is there any chance of an objection or a visa refusal?
Hey, I hope you are doing well,
My student visa refused onshore and then I applied to AAT tribunal before receiving decision I came to India on Bridging B visa and stuck because of the covid. My Tribunal application has been dismissed for not attending online hearing; then I completed my course online after coming to India, it is possible to apply for Temporary Graduate visa – Subclass 485. Please give me the right answer that’s really appreciated.
Thanks.