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 V866 has been refused and I return to my country .
Can I apply for V600 to reenter Australia?
Thanks
Tan
My brother’s tourist visa got refused about 2 days ago on the act of migration.. how quickly or how long i have to wait to reapply tourist visa for him? is there any waiting period to apply again?
Hi,
My name is Harshpreet, I applied for student visa for in University of Tasmania. I got refusal. For February intake. Can I reapply for student visa. If yes, Should I change the University? Or state.
Looking forward to hear back from you.
Thank you
Goodmorning sir,
I want to apply for a medical treatment visa to Australia, I havnt been refused an Australian visa application before, but I have been denied a US tourist visa with an old passport, and this my new passport is Virginia, does it require me to state that I have been refused a US visa before in the question below?
“Has the applicant ever had a visa for Australia or any other country refused or cancelled?”
Please help me to answer.
Hi,
I have a question to ask you. My Sister-in-law’s student visa for Australia is refused and the reason is given that they think student and spouse might not return to home country after study. What is the next option to come to Australia in this circumstances? Please let me know.
Hi Nilesh,
My wife and I are on a 485 visa with my wife as the primary applicant, We have also secured an employer sponsorship for a 482 visa as we just need to bridge a 6 month gap before we can apply through a direct entry stream. I have had an intervention order for family violence which was issued for 9 months with the only condition ‘ no family violence to be committed’ as the intensity was low I was allowed to go back to my family. I have never had any brushes with the law in my life before, not even a parking ticket. The intervention order has expired in Sept 2021 and I have also voluntarily completed a behavior management program, and taken other steps to manage stress and hypertension like meditation and exercise ( lost 35 Kgs too!), I have contributed towards community work as well and have proof of all my activities. Given your experience and the information I have provided where do you put my chances of getting my visa approved. Please note I am still the secondary applicant and my wife is a primary applicant on the employer sponsorship visa.
Hello,
I just wanted to enquire about the offshore partner visa and to see if it would be worth applying for in our circumstances…
A little bit of background info: my name is Emma (Australian citizen & sponsor) my partner is Alex (British citizen) we are both currently living in London. – (we have been together for over 2 years now).
Alex has previously lived in Australia on working holiday visas, student visa etc but nearing the end of his time there he was refused a visitor (tourist) visa, because he didn’t provide a police check and then he overstayed when he was meant to leave and received a 3 year ban… (due to covid and lack/ cost of flights). Obviously this can make applying for a new visa difficult but is there a chance it will still be accepted or should we just not bother?
I look forward to hearing from you and potentially moving forward with our application for the partner visa.
Hi Emma
Great question. Your partner is subject to a risk factor consideration.
This means that he’s normally not able to make an application successfully for a period of three years, without coming within a special exemption. The good news is that the risk factor does apply to temporary visas like student visas or Visitor Visa’s but does not apply in relation to any of your partner Visa.
I would certainly be taking steps now to make an application under the more favourable rules currently in place for Partner visas.
Nothing is preventing you from making the application now and your partner although he has been naughty he’s not disadvantaged in any material way in respect of any partner Visa permanent residence strategy.
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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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