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.
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”.
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
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:
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.
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.
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.
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.
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.
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 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.
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.
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Hi, my name is bheng. I apply tourist visa then i apply for protection visa. I received bridging A then after more than 2yrs i widraw my application for protection visa, the i got a partner and he put me under his visa 482, but when we applied for permanent residency one of my child got refused on medical since then our relationship broke down, he removed me to his visa, i widraw my application. Then i go back to my country. My question is, can i still apply for tourist visa again or other type of visa?
Hello, I've have a question regarding my rejection of TR visa as i didnt apply for police verification when I was in overseas and my bridging B Visa is also expired 15 days back as I applied AAT in Time. What all options I have to come back to Australia to collect all my laguage, original certificates, Gold chain which are safely placed in my locker with my fingerprint so how do I get a chance to collect my things and apply for new visa
Hello sir,
I got visa refusal on tourist visa ,I am to upset with this situation,my mother and me want to meet my sister but I can't go bcz of refusal.can u help me through this it will be grateful if u help me.
Hi,
My student visa was cancelled 20 years ago for breach of visa condition (below 80% attendance). Can I apply for temporary skill shortage visa or permanant residency visa now? I have an employment offer and the company is willing to sponsor my visa. If yes what are my chances of getting approved if every other conditions are satisfied? Thanks in advance.
Hello sir , my student visa for Australia was rejected in october. I applied for bachelors in Australia . I secured overall 7 bands and my school grades were very good as well . What can i do now ?
Hi there!
I applied for a second year working holiday visa (after completing my farm work) in 2019.
The visa was rejected because when attaching evidence, I accidentally attached a working reference which was not my farm work. I basically also had a part time job working at the farmers restaurant to earn more money.
The document from immigration said that my evidence - working reference, contradicted what I stated my farm work was and the restaurant job was not classed as farm work. It was a mistake by me to attach the reference.
The visa was denied without appeal - I wanted to contest this and was told I would have a good case, but it was the first week of covid and i was forced to leave Australia.
Would it be possible to try to reapply for the 2nd year WH visa now two years later?
I DID complete all of my farm work. During my farm work I just also worked part time at a restaurant - and this was the working reference I attached by mistake.
Thank you!
Sorry I could appeal but as it was covid I had to leave and so it is now past the 21 days to appeal
I and my wife have received tourist visa for Australia but my minor son visa is still not issued. What is the possibility.
Hello sir, I have applied for student visa with dependent recently and I got visa refusal. They have mentioned reason ‘ incentives to return home country was not strong’. But I have mention all the reason strongly.
And other things is I have a concern after graduation in 2017 I have change my job three time.So, may be that is the reason behind my visa refusal.
Or my husband he is working in japan from the last five years so, to take him as my dependent is the reason for my refusal.
It would be great help if you clarify my following doubts.
1.Will it affect visa if applicant change job three time ?
2. Will it affect if the dependent works in japan or abroad for longer periods of time and apply for dependent visa ?
3.Can I reapply my student visa again ?
Will be looking forward for your suggestions and reply.
Thank you.
Hi there, my partner was refused a tourist visa to Australia. He is Indian and currently not working- he's just finished a uni degree. He had evidence of funds in the bank to cover his trip, as well as documentation from India proving he had family ties and responsibilities to return to. I showed proof of my income and sent a stat dec stating that he was coming as my guest and would live in my house while he was here, and that while he had money in the bank, I would financially support him for the time he was here. We applied for a tourist visa for a 3 week period. The reason given for refusal was that the department did not believe he had a genuine intent to return to India and while i had said i would support him financially, it was ultimately his responsibility to support himself. Which i find strange considering he had proof he had a few thousand dollars in the bank and only applied to come for 3 weeks. I'm so angry about this decision and am wondering: will it affect him applying for a tourist visa again? or a working holiday visa? he is 28 so could apply for a working holiday visa but I'm worried the tourist visa rejection will mean he will be rejected again. thanks
My application for australian tourist visa has been denied for the reason being i did not declare any family member at my usual residence. I am a single expat with a valid working visa at country lets just refer to as "A" which i declared as my usual residence. I am on a bachelor status thus no family with me. My application was greatly misunderstood.
How many days from the day of refusal can i re apply? I wanted to opt for an appeal but it's very costly. Your thoughts? Thanks in advance