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
My Name is Rajat Sathian currently working in a French restaurant as chef. My graduate visa 485 got refused on the ground that my letter of completion does not show date of completion of course. I have lodged an appeal for the review. I am having bridging visa b upto June 2022.during this period can I travel to india??
Already responded to you Rajat.
We ca do a video call with both you and your son.
*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.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Hi
Vanita patel
I have apply visitors visa and I got refusal in 10 march 2022.
Hi Vanita
It is unclear from your comment as to whether or not this was an onshore application or an offshore application.
If it is an onshore application (meaning that it was lodged when you were in Australia when you applied and now) and holding a valid Visa then there is usually scope for you to make an application for review to the tribunal within 21 days of the decision.
*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.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Good day,
My partner and I are in appeal for a sponsorship 482 since a while now, but after almost 2 years we decide that we don’t want work anymore for that company and try to apply for another visa, can we do it onshore? Kind regards
Carlo
Carlo
Sorry, No!
See rules around section 48 problem.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Hi. Recently my ETA visa refused due to insufficient funds. Can I apply for student visa because I manage to find a sponsor by business owner in Australia? Chances of getting the student visa?
There are too many questions in this post and not enough information.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Dear Sir, referring to my previous questions,
I’m 38 years old and self employed.
I got refusal on my application (offshore) ETA Visa due to insufficient funds.
In the meantime, I managed to get sponsorship from business operator in Australia to sponsor my study in Australia.
Can I proceed to apply student visa and chances of visa approval?
Hi Sir,
I actually applied for a visitor visa ( Class FA) Visitor (Subclass 600) last November of 2016 but was refused because my application was considered against the criteria for all subclasses within that visa class. So my question is can i apply again for a visa this year? And what are the best visa option for me? I hope you can enlighten me. Thank you very much.
Teiz
There is no limit on how many offshore applications you can make. When I say “Offshore” I mean applications from outside of Australia.
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*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
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hello, me and my partner lodged a protection visa through an agent and we are asking our agent if he hears from the Department of Immigration and we ask for the copy of our lodgement it was not sent to us until now and she just gave us a hard copy with the wrong email address on it. It’s not my email address and not definitely hers. But it looks like it’s my name but I don’t have that email. I tried sending her few emails to clarify and I heard nothing. How can I know If I can still stay here in Australia?
Hi asking for a friend, he wants to know if his dependant can apply for student visa after they withdraw their protection visa or been refused of it, either way. Or is there any days that needs to accumulate before applying again. Thanks!