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,
My parents are here since 2018 on visitor visa and was extended. My father was doing LLB and has completed 1st year before coming here. I then advised him to apply study visa here if he is fond of studying and then due to covid we just extended visitor visa further. Now 10 months ago we applied for visa and he also appeared in IELTS without preparing he scored 5.5 overall. But unfortunately they rejected the visa. He is is retired from PNB Bank as Branch Manager and done MA in English 10-12 years ago as well. What are our option now other than MRT. Can we go for any other visa.
Hi,
I would prefer to remain anonymous about my situation and I would like to request some advice please:
Case scenario:
Spouse Visa refusal – now AAT appeal
– 21 months apart from my husband
– record evidence stated not enough documentation uploaded by ex migration lawyer and he not responded on time to immigration request
Option #1
I can continue the relationship with my husband (in reality is a good friend) providing new and strong evidence for the appeal
Option #2
Live my real life with my partner who I am deeply in love with. Divorce from my husband and start the visa papers (if possible) with my real partner
I really would appreciate some help in this my very difficult case.
Please I would like the max discretion. ONLY PHONE CALL 0448 496 517 no emails thank you.
Hello,
My partner arrived in Australia on 05-Jun-2013 by boat. He is Hazaragi and is originally from Quetta, Pakistan. He was on BVE 051 I think and his application for a SHEV was recently refused. The reason for refusal is that the city Islamabad in Pakistan was considered a safe location for my partner to reside. We made an appeal to the IAA and this was not successful. The next option is to appeal the decision to the FCC. I am an Australian citizen and our eventual plan was to apply for a partner visa if he was successful in obtaining the SHEV. Are there any other options apart from appealing to the FCC for the SHEV? Many thanks
My partner has his protection visa refused, as he has not received the email from immigration requested for more info. The visa was refused last year Nov, but we have lodged spouse visa application in June this year. May I know if he can return to his country while waiting for the decision?
Hi, i was unable to continue my enrolment in my student visa, as i was unable to pay. Income was affected by CoViD. My visa is expiring soon and was able to get admission into a new course i already have my CoE and i want to apply for a new Visa. Will the fact that i didn’t complete my previous qualification affect my visa apication?
Yes it will.
You’ll need to make some persuasive submissions that you are in fact a genuine temporary entrant.
I note that since writing this post you have booked in a consultation with me and I do look forward to being of service to you.
Thank you!
sir my name is vikram manhas. I am India. few month ago, I was applied Australia study visa for november intake 2021. But unfortunately my visa was rejected. The reason behind my visa rejected i.e. you are not come back your home country after completing study.
Sir plzz guide me, after refusal can I apply Australia study visa . If applied how many chances of my visa granted after refusal.
Re apply!
The chances are always less after a refusal but 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
Hi sir, my court hearing is in 15/12/21 regarding my visa application. This case under protection visa. Some circumstances in the visa. I’m not applying protection visa. They agent do incorrectly things in my visa. I have finished my studies in Australia and I’m work as chef and and as hospitality trainer. And also want to do diploma in hospitality. Is any possibility I am asked the court change our visa or I can apply for another visa?? Please advise me
Once the employer 482 nomination is refused, Which visa can be applied to stay in Australia. What are the chances of getting the decision reviewed in our favor.