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.
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”.
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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My first student visa expired in March 2022. I applied for a new student visa extension in March 2022 till August 2022. Till to date, my application states that it is under further assessment.
On 16th May 2022 I received an email requesting for further information. I was given 28 days to reply. I sent a reply email on 18th May 22 with the documents as I was unable to attach the documents on my immiaccount.
I attempted to apply for a new student visa or temporary grad visa in September 2022 but am unable to do so. The new application states that my previous visa is refused; not under a substantive visa; my location cannot be determined.
What should I do?
I believe that all my application papers were 100% correct. But I was not given a visa. What can I do now to get my visa?
It is unclear from what you have written whether the application has already been refused or you are simply frustrated because it has been delayed. Could you please provide further information.
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. If the application is refused then you must take care to appeal as quickly as possible and make sure you comply with the strict time deadline specified in the refusal letter.
2. If it is not resided note that partner applications can take a long time to process. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
3. Have you missed any appeal period. The solution is to make an application from outside of Australia as you can make as many applications as you wish from outside Australia provided you are willing to pay the application fee.
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Xspe
Bula vinaka, can I re apply again after I receive our visa refusal for me and my son
Please sir, its my request please clear my doubts. I'm indian, receny, i got refusal from australia for study visa. I want to reapply for again study visa in australia. Is it possible?
Hi Ramanpreet
*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.
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. You can reapply.
2. There is now waiting period.
3. Take extra care to respond properly to the reasons of Refusal provided to you by the departmental decision-maker.
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Hi Nadan,
I am a working professional in 2018 sub 600 was rejected on financial basis. And now in 2022 I have got the offer letter from LA Trobe for my master's and by next month getting the coe from the university. Could you please guide me on possibility of considering my scenario if I apply for student visa does the rejection will have any impact on it.
Hi nilesh
A friend of mine applied for a student visa and got rejected even though he got his approval from murdoch university. And the embassy gave the reason that his pay in australia will be much more than his own country. He’s really depressed kindly guide me what he should do.
Thankyou
Rida
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 BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hello Sir,
I have visa refusal for US and Canada, and I want to apply 485 visa as I recently finished my degree. Will these refusals (US and Canada) will affect my 485 visa eligibility?
My brother applied for Australia visitor visa in 1998 and got refusal and he is going to apply this year as sponsored family visa .
does he has to show his refusal of visa ?
Hi Momar
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.
*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.
1. Yes! You must absolutely disclose the earlier refusal in 1998 although it is 24 years ago.
2. Important thing to concern yourself with is the objective incentive to return to his home country … take extra steps to cover off this issue as solidly as possible in your circumstances.
3. Important thing to remember about the family sponsored stream is that it is assessed by teams in Australia and not in your home country. An appeal option of course is more likely to be successful under the family sponsored stream.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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
My partner Applied for 482 medium term temporary skill shortage visa in Janurary 2022 ( I went as his partner on it) and we have just been notified that it has been refused and we have 28 days to respond or withdraw application. We are currently in Australia on Bridging visa. I tried to apply for my 2nd WHV however it will not allow me. What can I do? Or why won’t it allow me?
Hi
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 think what you meant to say is that the nomination application has been refused and they have given you an opportunity to withdraw the application for the 482 Visa which also must be refused to now given that the nomination has failed?
2. if I have misunderstood you and before 82 Visa it self has been refused then you will be subject to the provision known as section 48 of the migration act. This provision Astrix what other visas you are able to make a valid application for whilst you are still inside Australia.
3. If your application has not been refused and be also aware that the provisions of schedule three of the migration act which require you to make most substantive Visa applications within 28 days of the expiry of a substantive Visa, will ordinarily apply to you. The effect would be that unless you’re able to overcome schedule three with a waiver submission, If indeed one is available for the Visa you next wish to apply for, your next application will be refused.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
*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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Do the applicant need to resubmit biometrics for 2nd time re-application, if first time application has been rejected? The biometrics have been given recently. It is for visitor visa.
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. The scrutiny of biometrics is related to one’s identity. I can see good reason why the departmental decision-maker would request fresh biometrics to be undertaken in respect of any new application.
2. You will know soon enough whether or not they require a fresh biometric test. The repeat request could possibly be challenged at the time of any such request.
3. I understand that getting re-tested in terms of biometrics can be a great financial imposition, especially if one needs to travel a great distance to have this testing completed, but be careful of raising the issue of financial hardship as it may compromise your claims to be a genuine temporary entrant and one who has financial capacity to visit Australia…and then question sufficient incentive to exit prior to the expiry of any visa granted.
*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 myvisa.com.au/about/ 1300558472
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
How can I reapply for student VISA
Hi Rigzin
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.
*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.
1. There is no waiting period you can apply again straight away.
2. Be sure to make sure that no supporting material in this new application is inconsistent with the supporting material provided earlier all of course send as much additional information as you can to address the concerns raised in the prior student Visa refusal.
3. Make sure to make the express reference to the earlier Refusal and to not proceed on the basis that the earlier refusal did not exist. They will know and it will be very bad for your credibility if you omit to declare it - as unfortunately many many stupid Visa applicants for Australia tend to do.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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