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
Hello Sir,
I am onshore currently, I have moved to Australia in 2016 Feb to pursue my master’s, which I did, and later I was on TR for two years, but till then I had no luck with my PR invitation, so I had to apply for another visa diploma and when that expired i have applied for another visa based on the advanced diploma, and both times visa was granted with no issues, and still I don’t have any luck with my PR considering covid and everything. Will I get a visa refusal if I apply for another student visa considering I have already been on a student visa in the past for 4yrs and If I apply this time it’s going to be 4th time? Could you please advise me? I would really apprwaicte.
Thanks.
Hi Vicky
I think you have been extremely fortunate in getting the Visa grants after having completed a masters degree and then having been granted a subclass 485 Visa.
Unfortunately I do see a very real risk of refusal on your next student Visa application.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
*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 Sir,
My partner and I applied for a 485 visa but got refused because we applied through the wrong stream. We have appealed. I am now getting an offer to go in a remote area in Australia to get a DAMA sponsorship. Can I apply for DAMA sponsorship while my 485 visa has been refused? Do we have a scope of winning our case on the ground of human error? I have all my documents and experiences ready.
Hi Simrita
Thank you very much for your question. I feel the pain you are suffering. It is not particularly clear which strain want to be applied for and the consequences of making a simple mistake at the very first stages of your application.
The bad news is that because of the operation of section 48 of the Migration Act, you are limited in terms of what application you can lodge inside Australia if you are not the holder of any substantive Visa and you have received the Refusal since last entering Australia. Whilst you are able to make an application for a subclass 491 Visa or a subclass 494 Visa or a subclass 190 Visa as well as potentially a partner Visa or a protection Visa or medical treatment Visa, Other visas are not possible without exiting in making an offshore application or until such time as you again hold of substantive Visa inside Australia.
*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
Hi. My girlfriend was denied a tourist visa to come to Australia.. Probably because she is in Taiwan at this time.. She is a Filipina working in Taiwan ..
I think it has something to do with her financial situation . I was going to look after all her expenses . Im not flying to Philippines to see her and I hope to get a prospective Marriage visa. will this help?
It makes sense to lodge a more substantial application as I fear that the further visitor application would also be refused.
Do you have the option of lodging a partner Visa application or a prospective marriage Visa application depending on your circumstances. If you would like assistance in relation to each of these applications please contact me.
*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
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Hi
Here Soniya
I had lodge my 485 visa on 2020 but after I was pregnant so I was not done with my medical but ya my husband’s medical Document I was submitted, after baby born I was submitted my medical document on 2021 and AFP 2020. My question is, yesterday I received the mail from immigration department that was refused my file because of I was not submitted the AFP, but I did it on 2020. They required new one but I do not know that the AfP is valid upto 1 year. Can you please suggest me what the next steps? What can I do ?
Firstly can I apologise for the lateness in responding to this rather urgent question. I hope that you have resolved the issue already but for the benefit of all other readers of this webpage I will answer your question.
Firstly if the 485 Visa application is refused then you will have very limited opportunities other than to make an application for review at the administrative appeals Tribunal. When you make such an application you would likely to receive a Bridging Visa “A” Class (Subclass 010) in association with that application. The application must be made within 21 days of the date of decision by the Case Officer.
At the time of application for a subclass 485 you will need to accompany the application with evidence that you have made application for an Australian Federal police clearance wall that you have in fact the certificate already provided by them and the certificate as one which is sufficiently fresh.
Where no evidence of a sufficiently fresh police clearance or the actual police clearance application is provided then you can expect a refusal and it can be extremely difficult to when any appeal against any decision to refuse. Whilst you may certainly obtain an extended period of time until the 80 he is your matter and any further appeal period expires, the circumstances you have explain suggest to me that you’ll need to have a very good Plan B. please do let me know what you ended up doing and provide further information to me or book in a chat with me to discuss the appeal going forward.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute-min
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
*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
Hi,
I am about to lodge a visa 189 with my partner as a dependent. My partner had her tourist visa refused in 2018 due to insufficient evidence but was granted tourist visa after we reapplied. Will this affect the visa 189 application?
Nurul
This is a great question. Of course it would be better if you had never had any refusal and neither had your partner had with REFUSAL whether for an Australian Visa or for any other country.
The good news is I do not expect the prior Visarefusal to have any new negative impact in relation to your subclass 189 Visa application lodgement provided that no fulfil misleading information or incorrect answer although this document has been provided in relation to all previous applications.
It’s great that you had received a grant letter for your partner after first receiving a refusal letter for your partner at all things being equal I would not stress at all about any negative impact on the 189 Visa and look forward to welcoming you here in Australia as an Australian permanent resident in due course.
*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
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
I am onshore and my visa got refused on 14/03 because I did not take medical exam ( I was unwell on that date). However on the 12/03 I rebooked the new medical appointment but my agent forgot to update it. Visa refused because I did not comply pic 4005. Havent got medical exams doesnt mean I am unhealthy. Is there any chances that I can win AAT?
Thank you
My tourist visa was refused recently on basis that I am not a genuine visitor. Previously I applied with the same job letter I was granted but this time no.If I will reapply since I have started my online business and I am director of company will I be able to get visa this time