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 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 to 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 “cancelled”.
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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Hello Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia - couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
Hi Akash
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. Some Australian decisionmaker simply don’t get how important the matches are in Australia this summer particularly the India Pakistan match. This is very frustrating not just for your family but for other Abbott cricket lovers around the world. Australia needs to wake up to the fact that people want to come here to visit only and to return after their visit and the very good reason for their visit is to watch is excellent matches on Australian pitches.
2. It appears you have done the correct application. Unfortunately your only recourse at the present time is to redo the applications admittedly with additional fees but on this next occasion to ensure that you address the very crucial issue and that is that you have no intention to not comply with the temporary nature of the visitor Visa. Unfortunately there is a large cohort of travellers to Australia who use the World Cup and similar events to secure a Visa and then over stay without having any intention of returning from the very beginning.
3. 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.
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Hello Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia - couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
This appears to have been a duplicate question on this website and has been already answered.
Hello Sir,
I am from India. 2 of my friends and myself have planned for the t20 Worldcup in Australia, set to begin in october.
We have our Match tickets booked, Flights with return booked, Hotel acomodation booked as well.
We had submitted all these proofs and yet our visa has been rejected. We are working in Chennai, India in reputed firms.
Please advise
Hi Ashwath
I have already answered similar questions from many cricket fans in this thread. Please review and if you have any unique question then please take post it here provided it is unique.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hi Nilesh,
I hope you’re doing well.
My husband applied for visitor visa from India to join me on my graduation ceremony in December and it got refused after a week of filing visa.
The reason is, immigration department thinks he does not have a strong reason to go back to India.
What should I do? I really want him here with me on my graduation.
Hi Mahak
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. I do understand your kindness to have your father attend your graduation ceremony. Equally IMMIGRATION must be sure that your father intense to return after the short visit.
2. As you have a refusal then it is clear that a conclusion has been drawn that your father will overstay or at the risk that he might overstay is at such a level that it is unacceptable for the decision maker.
3. There is nothing stopping you from making a further application with further supporting material. The material should provide new and well argued points as to why it is unrealistic for the conclusion that he will overstay to be made on this new Visa application. You should read carefully the letter sent to you as it will give you clues as to what concerns the delegate has. Be also very careful to make sure that no new information is inconsistent with information previously provided and of course be sure to acknowledge the prior Refusal rather than sweep it under the table as IMMIGRATION will definitely know that you have been previously refused a Visa for him.
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Hello sir, I am dependent with my wife to be student and lodged 500 subclass visa. We provided all the needful additional documents but I doubt about the loan disbursement we did as per our tuition fees but we didn’t know we had to do with living costs and travel expenses. Is it gonna be refused decision are not yet done and if refused can we reapply?
Hi Prashant
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. It is not too late now to provide the additional supporting materials in relation to financial resources. I would provide that information of the list opportunity in respect of the current application before it it is refused.
2. If you’ve really made a mess of the first application you should seriously give thought to withdrawing the first application before it is refused and lodging a fresh application with better quality information.
3. If you do suffer a Visa refusal decision then there is of course the opportunity for you to reapply again with additional information addressing the concerns raised in the refusal letter however it will be much harder to do this after you have a history of the prior visa Refusal.
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Hi sir,
Me and my husband is an Australian citizen. He have applied tourist visa for my brother and sister in law for a short visit to us here in Australia. They are newly married couples. My brother run his own business back in India and my sister in law also helps him with that.
Their tourist visa got refused today stating that they don't meet the economic criteria and immi have a doubt they won't go back.
Unfortunately We haven't kept any papers from their business for the previous application. Now we are in a dilemma.
1. Should I reapply for the same tourist visa for them straight away with their employment paper and sufficient bank balance. If so, how much it should be ?
Or
2. Should I apply for a merits review to AAT witb these documents. If so is there a cost associated with it?
Thanks in advance sir
Hi
*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. I think you should re-apply and not waste your money on the tribunal application fee which is more than $3000. Additionally you should note that there is a considerable stress associated with the appeal in terms of waiting and potentially also legal fees payable to lawyers like me.
2. You can apply straight away with additional support and materials but be careful that the new materials are not inconsistent with the materials previously provided. Of course your intention is to make sure that IMMIGRATION has no doubt that your family will comply with the terms of any Visa granted to them and they will return to India after their proposed visit has come to an end and they will not overstay.
3. As you have already received everything is all you can expect that the process and Thomas might be a little bit longer on this next occasion. 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.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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X10
Hi,
I got my BVB refused because I left Australia on my BVA before I got the answer for my BVB. Can I apply for a student visa while I’m outside Australia ?
Hello Nilesh Nandan
I applied for a working holiday visa and planned to work as a nurse in Melbourne, my visa got rejected as I didn’t file my health declaration on time can I reapply for the same type of visa or a different visa if possible ?
The visa was rejected in March 2022
Hello sir
How long do I have to wait before re applying for a tourist visa as my fiance got refused due to unemployed, but regarding the reason he is now employed and we can attach documents that he is now employed and has a reason to go back to his country.
Hi Ruth
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. There’s nothing stopping you from making a fresh application. Provided you are overseas.
2. Check to see that you meet all of the other criteria for the grant of the Visa including age in particular. I note that you have told me that your application was rejected in March 2022.
3. 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.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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I am an Indian citizen, married an Australian citizen in January 2022 . Second marriage for both of us. I applied for partner visa which is under process. I applied for visit visa 3 times and got refused. Reason- unemployed, no strong ties to India. My spouse is a nurse, has shoulder injury, needs my help. I am a dentist, was working in Oman, resigned just before the marriage . Her younger son is autistic. Our marriage was delayed by 1 and half year due to Covid border shutdown. Should i appeal, the cost and time taken to process?
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. Three consecutive refusals makes life very difficult for anyone making a fourth application. Of course you can’t turn back the clock and you were stuck with these 3 refusals.
2. I am astonished that you do not get proper advice earlier as my advice would certainly have been to change the Kama and to watch a different sort of application, particularly the family sponsored stream of the visitor Visa.
3. I do not see any benefit emoji fresh application for another visitor Visa now are you must’ve pocket application for a family sponsored stream followed by an appeal against any negative decision, if one is received.
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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
Hello sir
How long do I have to wait before re applying for a working holiday visa as my first time applying it got rejected as I was planning to work as a nurse over there, or would you recommend another visa for an Irish nurse seeking to move to Australia
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. Reapply now.
2. Make sure that there is no inconsistent information but only additional information addressing the issues raised in the Refusal position record.
3. 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.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
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Thank you very much for your response
Would I am overseas and plan to work as a nurse over in Australia
Would you recommend reapplying for the working holiday visa or a different visa type
Ruth
I see no issues in applying for the same Visa again subject to my earlier comments.
The subclass 417 Visa is great for you can get it. If you wish to speak to me about other Visa options after arrival don’t hesitate to contact me.
Use this link to book your consultation with me: https://myvisa.com.au/consultation/
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hello,
have a good day!
My tourist visa rejected yesterday Sept 12,2022.can I re-apply again for same tourist visa. I have my fiance as a sponsor, some say better to apply family stream sponsor visa at the beginning, can I re-apply of visa after the refusal?
Thank you giving time to answer my concern.
Hi Yvonie
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. Yes you can reapply again for the same tourist Visa.
2. The tourist stream is the correct stream. You are not get married and the family Sponsor stream is not appropriate.
3. 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.
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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Hi sir
In May 2021 I got student visa refusal for Australia that time i am apply for undergraduation course and now I want to reapply for Australia study visa for postgraduate courses . I passed my +2in 2019 from haryana board and recently I have done my BSC from Himachal board
I am an Indian citizen, married an Australian citizen in January 2022 in India . Second marriage for both of us. I was working in Oman as a dentist. Resigned just before travel to India for the wedding. Wife is a nurse in Oz. . I applied for partner visa which is under process. I applied for visit visa 3 times and got refused. Tourist stream 600. Reason same- unemployed, no strong financial and other ties to India. My father and daughter from first marriage in india. Nre, no income tax slips, but enough FD proof provided. This is a temporary unemployment. I could easily join another job in Oman in a few days. I won't be able to travel to oz if i start working again, lack of leave. My spouse has shoulder injury, needs my help . Her younger son is autistic. Our marriage was delayed by 1 and half year due to Covid border shutdown. Should i appeal, the cost and time taken to process? Was tourist stream wrong? Family joining stream better? We had registered our relationship in Australia last year October.
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. If you have already married (or as in your case registered your defacto relationship) then I think the most appropriate Visa is the family sponsored Visa rather than the tourist Visa.
2. I would apply again as the time and cost associated with a feeling are prohibitive in most circumstances.
3. Thought should be given to how you could ensure that no unnecessary delay in counted in terms of the offshore partner Visa processing. This could be devastating for you both.
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.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
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. There is absolutely nothing stopping you from making a fresh application again at this time.
2. Be very careful not to put any information in this new application which is at all inconsistent with what you put in your previous application.
3. Since you were refused your previous student Visa for Australia make sure that if you were refused a student Visa for any other country, that such information is fully disclosed in your next application. Consequences for not disclosing this are very severe.
*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
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan