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
Hi Sir, my brother currently is in Sydney’s jail are trying to apply for a protection visa. He been trying since few years back. Does protection visa really helps him? Could u pls advise if he should continue to apply?
Hi,
My student subsequent entrant visa got refused for not meeting the applicants intention to stay temporarily in Australia. He is holding a NZ work visa and working there as a Project Manager. What are the other visa options we have
Hi I regarding about my husband visa refused twice the reason is u will not back from Australia it’s possible to do anything else? Thx
Sir, my offshore student visa has got s57 on it because my grandfather unknowingly closed the loan account which was being used as proof of funds in my TU 500 application for student visa. Due to this immigration suspects that my loan documents are bogus. I do have a FD of same amount. I have been given 28 days to reply and provide a justification. It was matter of miscommunication that my grandfather closed the loan account. Can I request them to consider my FD as a source of funds?
Fada
There is no easy way or nicer way to say this but if you do not meet the requirements of the Australian Visa and you should consider exiting Australia I need to return into your home country or if there is another country that offers you and opportunity for a Visa, then explore that opportunity.
Until you accept this realisation honestly, you will remain unsettled and separated from the rest of your family.
Of course you want me to weigh up the coast with emotional and financial are staying inside Australia and running futile applications, whether initial applications or appeal applications.
Whatever the case may be I feel for you and wish you and your family the very best.
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 my husband visa refused twice they just gave a reason You will not return because of country conditions like poor this and that also politically so what can I do further ? Any idea
Hi sir, my student visa was refused and i have applied for AAT but right now i am in india. And now i got the mail from them asking for supporting documents.i haven’t withdrawn my application yet. Now if i apply for a student dependant visa, being as a dependent will it be granted
Hi Saif
Nothing at all is prohibiting you from lodging Any offshore application. This will be decided independently of the application that has been made to the tribunal.
You will of course need to meet the criteria for the offshore students dependent visa you have mentioned.
Another consideration would need to be that nothing in your new application should be inconsistent with any prior application and answers and materials provided, otherwise you’re likely to get a letter requesting a response due to a suspicion that you have provided information that is adverse to your case.
Public interest criteria for 020 requires that you do not provide any information which is false or misleading or any document which is a bogus document.
I hope this helps and that you get back into Australia soon.
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.
Was on a partner visa that got refused but I was a dependant on that partner visa because it was my uncle visa. So I did put in for a protection visa for my little brother and I as we can’t return back home because we have no family there.
Just got engage last year and will be getting married this year in June or July so it’s possible to redraw the protection visa and put in for partner visa if I get married or just wait for the protection visa decision.
And will Immgration give me condition on applying for another visa in case my protection visa get refused ? Hope I can get an answer from you guys .
Hi Ruth
This rule is very frustrating for people in your situation. The purpose of the rule )that you cannot lodge a partner Visa if you’ve had one refused) is meant to stop people swinging from one partner onto another partner. Unfortunately you are caught by this rule even though you were a “dependent” only and you were not in any relationship and nor have you lodged any visa application based on a any partner relationship previously.
There are two ways that come to mind for overcoming this problem.
The first is for you to simply exit and make an offshore application and wait offshore until it is granted. Of course this is problematic and will lead to separation from your partner period of time even if you are able to remain offshore safely for that period.
The second is to make an application for review to the tribunal after the current application is refused, with a view to then providing submissions to the minister for ministerial intervention based on a long-standing relationship on the one hand as well as an argument that you have been caught by what is essentially an unintended consequence of legislation.
I hope this makes sense and that it helps you. Feel free to contact me to discuss it further.
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.