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
Hi, I want to apply for spouse visa. I have done B.sc non medical in 2020 and currently doing b.ed (last semester) and want to pursue masters in Australia. My spouse got rejection on study visa 7 years back. Is there any chances that we can together file a spouse visa by the end of this year? Are there any chances of rejection?
Hi, i had applied for austrailian study visa back in 2014 and got refusal and now i want to apply again for MS after my graduation but the problem is i dont know the reason of my refusal and i dont have any letter as it happen 8 years earlier so how can i can get the plz help me in this regard…
Thanks
Hello sir
I m 26 years old and last month applied for visitor visa as my 1st cousin invite me to visit australia who is Australian citizen but I got refusal. Should I try again for visitor visa? Can I apply for student visa after one month getting refusal in visitor visa ? Please answer sir
Hello! My boyfriend’s 485 visa got refused on the grounds that he forgot to attach a police verification form. He had a court hearing where AAT reconfirmed the refusal and gave him 21 days to appeal again. Unfortunately, he had to leave two days after the hearing, on a bridging visa A because his younger brother passed away overseas. He sent the 1006 form to change to bridging visa B three days before flight, included death certificate and other documents but immigration took too long.
Now, can he apply for a student visa again? Or is a partner visa an easier option? I am a citizen here and we have been in a genuine relationship for 4 years now.
Hi, I am currently studying in Australia holding visa subclass 500. My boyfriend who is British army applied tourist visa from offshore, with all his credentials uploaded including employment holiday letter and all. But the visa got refused stating that the person has no genuine intentions to return back. We are not the satisfied with the comments behind our visa refusal. What can we do further?
My Brother applied for visitor visa to visit me. He applied offshore. His visa got refused on 29th March 2020. The reason for rejection was related to no proper reason to leave Australia after nominated time frame.
Can I apply his visa from Australia?
Hi i am onshore and had a visitors visa refused on the reasons for not having my medical appointment but this was because the medical centers were limiting all visitation due to the covid 19 pandemic so i made an appeal to AAT and they then remit my application back to the department and then the department refused my visitors visa application on the grounds of the applicant does intend to stay in Australia temporarily saying its does find family or employment or financial incentives for me to return home.What are my chances on a student visa as well as a secondary applicant on my gf who is about to lodge a graduate visa ?or what other options do i have ?
Hi Nanise
Options are very limited if you are now holding a bridging visa or no visa at all.
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
*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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Hello sir,
My tourist visa was denied in 2019 because with the provided information they are not satisfied with my intend to stay temporary in Australia. Now i am applying for dependent visa. Does previous visa refusal affect my chances of new visa?
Hi Nikesh
Can I assume that you did not provide any false or misleading information in relation to the previous application?
If not then I cannot see the difficulty provided you meet the criteria applicable for the new Visa you are applying for.
*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.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory