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
I have resufal on 485 visa because choose wrong stream so i aat was refused and i went to federal now it might refused as well so and i want to buy sbo and apply 491 so incase it might open my federal case waht should i do next?
Neelraj
Your case has no prospects of success in the FCFCOA. This means it will no have prospects in the FCA even if you appeal.
I have seen others appeal to the FCA to “buy” time.
Unfortunately I can not assist myself if your appeal is simply to “buy” time.
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
Hi sir ,my Nephew (@oversea )got student visa ,can we reapply
I assume that you mean that if an offshore student Visa has been refused, can you then reapply by making a further offshore application for a student Visa? If that is the question, then the answer to that question is “yes”.
You must be careful to understand the reason for the earlier student Visa refusal and make sure that you have a strategy in place to combat those reasons, so that you don’t get a further refusal based on similar reasons.
You should also check whether or not the decision record (in the earliest refusal) was affected by PIC 4020 because if it was, then the grant of any further application you make, might be prohibited for a period of three years in particular circumstances.
PIC 4020 relates to the provision to the Department of false or misleading information or the provision of a bogus document.
I hope this helps.
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
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hi i would like to ask if the protection visa has been refused is it possible for it to be extended of we make a reappleal? Thanks
Yes you can usually get a further bridging visa while your appeal to the AAT is heard.
But you need to appeal within time!
Hope this helps.
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
Hi
I just got an email from DHA regarding refusal of my mother in law visitor visa SC 600. I live in Australia with my husband on a student visa. I lodged my mother in law visitor visa app in feb. but now the dept. refused it by saying that she doesn’t have strong commitment to return to home country and many more basically related to finance.
What i can do now?
Kindly guide me
Thanks
All you can do is reapply and address the concerns raised in the decision record.
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
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hi .
I have calculated my 65 points and I am eligible for Skilled Visa 189, 190 and 491.
I have lived in Australia on Student Visa 500 for 4 years. But when my Visa was expired I applied for an extension visa but it was refused to get due to wrong information (SOP Statement of Purpose) which was written by my new trainee Consultant in Australia . So I believed that it is wrong decesion by the Visa Officer . So I went to an Lawyer for guidance he said me clearly that you will get back your visa if you go through to AAT . So finally I applied my refusal case in AAT and got the Bridging Visa C class . After 2 months I traveled to Home COUNTRY due to some personal family matters. But After reaching to my own Country I got the news that I can’t come back to Australia on Bridging C class . So that’s why I couldn’t come back to Australia or didn’t attend any hearing. So i missed the chance to come back .
So now my main concern is that Can I apply for Skilled Visa behalf of the my above given information regarding Refusal. Now I want to come back on other visa as like 190 sub class as I am eligible to reach minimum points . Or what kind of visa I can be eligible to apply while I have had refusal back in April 2018.
So kindly give inputs and your suggestions will be highly appreciated.
Thanks
Hi Ravi
This is the problem with a BVC. No travel facility if you must exit for compassionate reasons! Arghhhh!
Was the visa refusal affected by PIC 4020?
Assuming it was not, you’ll need either a visitor, student or a skilled migration visa to re-enter.
Lodge an EOI now if you are eligible!
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
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Sir , i had two time Australian student visa refuse kindly guide me there is a chance to apply third time for study visa
Hassan
After two student visa refusals, and no previous entry into or connection with Australia, you are pushing Sh*T uphill. I mean to say that it will be hard for anyone to get a approval on the third attempt, though not impossible.
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
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
My tourist visa is refused can i apply for new visa immediately
Yep!
Hi,
I arrived by boat on 2013 and I had interview for protection visa on 2017 and my application been refused,
I am on bridging visa E since 2017 and I just fed up with my situation,
Now I am trying to apply for student visa to Canada, my question is does this situation or refusal protection application effect my application to Canada?
I really appreciate for your time and help
Yes I expect that a decision maker considering your student Visa for Canada will be concerned whether or not you will be lodging a protection Visa in Canada as well, and for that reason may choose to decline any Visa application for a student Visa.
Hope this helps.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.