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 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 to 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 “cancelled”.
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 business visitor visa application for Au was refused due to wrong class. will i be able to reapply? I was supposed to go to au for work for a branch of my current employer to assist them. It was stated in the letter. It was stated in the refusal that the class was wrong
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Nothing stops you from making a further application. I assume you are overseas.
2. Because you now have a Visa refusal, it may be that a second application could be rejected too.
3. Take care to disclose the fact of the earlier refusal and address the issue raised in the refusal letter. For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*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 business visitor visa application for Au was refused due to wrong class. will i be able to reapply?
My e visa was refused
I’m British citizen
They never same for my job or anything about me just my passport
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. I can’t see why you cannot simply reply.
2. Take care to deal with all the issues raised in the refusal letter.
3. Be sure to disclose the fact of the prior REFUSAL and any other REFUSAL you may have had for any other country.
*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.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello
My husband's visa got refused on 12th January 2023 because he did not satisfy the provisions of the Migration Regulations 1994.
When shall he reapply?
Hi, my name is Leonardo and I’m on the sponsor visa 457 and now I’m going to applying for my PR, but the company I’m working, maybe not going to be approved by immigration to nominate me. Because financial problems. The company wasn’t paying me what’s was on the contract and I believe others financial issues. My question is? if my PR is refused, what’s can I do ? Can I appeal? Because my situation is ok. The problem is my employees.
Hi there, I'm Sami. My friend tourist visa (600) is being refused on the ground of other circumstances clause 600.211 schedule 2. as she did not produce payslip but monthly salary was bank by employer. In the bank statement system generated random transaction details were given rather employer trading name. On top, I sent her invitation letter with all taken responsibilities including air fare (if needed) during her stay. I'm a NZ citizen live and work in Sydney. I got my own property here. I have included all evidence my income, council rate, bank statements etc to support her visa. It seems they have not taken my support in account while making decision. They made decision purely based on her employment and not have enough strong commitments to return back. My friend is from Bangladesh and she filed online application to nearest branch New Delhi. Her refusal came with No Review merits. Is there any way we can object further rights of review as she is devastated as they question about her employment dignity ?
Would like to hear from you.
Thanks and Regards.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Not the first person to be significantly prejudiced by the acts and circumstances of your employer. Unfortunately you won’t last as this is a very very unfair regulation.
2. You might be eligible for a specific exemption which came to play after 1 July 2022. Whoever you should get a midget advice as the regulation is not well understood.
3. Time is not on your side and you need to take positive action quickly.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*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 sir, my visitor visa was rejected on July the reason was my spouse visa was on bridging A so that’s y it was rejected and now his visa was inactive status now I had applied for dependent visa is there any visa rejection chances.
Hi,
My wife’s visit visa got refused by Australian Govt recently, can she now apply for student visa to Australia?
Hi sir, have you seen cases where the tourist visa was rejected first time (due to officer not seeing enough ties back to India for the applicant) but got approved the second time? We have provided enough documentation and reasons for return for my brother's application this time but I am worried that since it got rejected first time, it might create an hindrance the second time.
Hi! I have been applying for my mother's Tourist visa. But we missed the Biometric application at the time requested. In the Immi platform do not appear it has been refused. We applied on the 06 of September and we needed to provide this information within 14 days which already passed. What can I do? Could I continue to apply the biometrics? Or do I have to wait for the refusal?
Hi my visitors visa 600 family sponsored was rejected, reason sponsor was not Australia citizens. He was NZ citizens and is TR in Australia. Can I reapply for my visitors visa without sponsor. And in how many days
Sir, Recently, I got refusal from Australia on student visa.(Subclass 500 TU).
The reason was Migration Act 1994 , Clause 500.212 Schedule 2. I also acknowledge that the applicant has family ties to their home country and place some
weight on that in favour of the applicant. However, I have concerns that these ties may
not be a strong enough incentive for the applicant to depart Australia upon completion
of their studies. I give more weight to consideration of the applicant’s potential economic
circumstances in their home country compared to Australia and the value of the course to the
applicant’s future.
While I accept that obtaining qualifications from an Australian educational institution may
positively influence employment and remuneration prospects in an applicant’s home country,
I am not satisfied that the applicant demonstrated how they would achieve this against the
background of prevailing economic circumstances in their home country. The applicant
implied a career pathway intention in their home country and how this would be an incentive
for them to return, but did not provide any convincing evidence to support this. I have
considered the applicant’s likely earning capacity in Australia and in their home country.
Based on the information before me, I am not satisfied the financial incentives to return home
outweigh the financial incentives to remain in Australia. I therefore place little weight on the
applicant’s implied intention.
Can I Re-apply for Australia Student visa after Justifying this reason because, i reckon that I'm being misunderstood by embassy, I'm a geniune Student, please Help me .