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 sir
My student visa has been refused few days ago and I want to reapply it.
What are the possibilities I have .
Hi, This is regarding adding a baby born in Australia to TSS 482. Baby born in Nov 2020 while I was on 457 visa. Baby has Birth certificate from VICBDM. My new TSS visa applied in 2021, Baby did not have passport then and was not included in TSS application. Could not apply for Indian passport as VFS offices were closed due to COVID and lockdown. My TSS visa granted in June 2022. Baby got the passport in Mar 2022. I submitted the relevant documents to Immigration to add baby to TSS 482. I was told my immigration that I should apply for TSS 482 subsequent entrant as baby's name was not present in initiall TSS application. TSS 482 has a condition that if applied from Australia, person should have substantive visa or Bridging A or Bridging B or Bridging C visa. Baby does not have any. Can you please let me know what the options available for getting a visa for the baby?
HinSir. My husband applied for a 400 visa to get to Australia ASAP as the company he is working for wants him there ASAP. Me and the kids were part of the 400 visa application, however we were refused. The agent we are working with suggested that we apply for a visitors visa in a months time, then go over to Australia at the end of November to join y husband and then they will be able to apply for our 494 visas, which means we will be in Australia when they apply for that visa and we will also be able to get a bridging visa. 3 - 4 months is a long time without my husband. Is this the only way? Is there another way o get into Australia quicker? Do I have to wait a month before applying for the visitors visa? If I received a visitors visa earlier, and I went to visit my husband, after 3 months I need to get out of the country, how long do I have to stay out before I can return again?
Hi Nilesh,
If a subclass 600 visa got refused to australia recently will that be a problem when i apply for a 482 visa? Please advice
I applied my student visa sub500 from pakistan on 19 January 2022 in VET stream. After all the biometric and medical procedures i received my interview call on 12 may 2022. They interviewed my employee and me about my job and all the questions were regarding my job duties, salary, timings etc. After that interview the departmental officer found some inconsistencies in statements of employee and me and gave me S57 (Natural Justice) on that behalf of that interview on 14 July 2022 and gave 28 days to respond to it . I gathered all the documents and I applied my student visa sub500 from pakistan on 19 January 2022 in VET stream. After all the biometric and medical procedures i received my interview call on 12 may 2022. They interviewed my employee and me about my job and all the questions were regarding my job duties, salary, timings etc. After that interview the departmental officer found some inconsistencies in statements of employee and me and gave me S57 (Natural Justice) on that behalf of that interview on 14 July 2022 and gave 28 days to respond to it . I gathered all the documents and proof to support my justification and to clear the doubts that were observed by the officer and submitted my justification on 30 July 2022. On 19 August 2022, unfortunately i received my Refusal letter with decision that “TO DATE NO RESPONSE HAVE BEEN RECEIVED” they did not received my justification and on that note they refused my visa application in-spite i had send my justification and had PIC 4020 on my refusal letter. I want to know is there any chances that i can review my visa file as i have provided all documents and was waiting for my visa from past 8 months and as of today i got this result. to support my justification and to clear the doubts that were observed by the officer and submitted my justification on 30 July 2022. On 19 August 2022, unfortunately i received my Refusal letter with decision that “TO DATE NO RESPONSE HAVE BEEN RECEIVED” they did not received my justification and on that note they refused my visa application in-spite i had send my justification and had PIC 4020 on my refusal letter. I want to know is there any chances that i can review my visa file as i have provided all documents and was waiting for my visa from past 8 months and on 19 August 2022 i got this refusal.
It would be very kind of you to guide me how can i get my visa as its been almost 9 months of untiring efforts i gave into this process.
Hi Nilesh,
My partner got invited to apply for 189 visa this week,
but when we started the application on page 7, we got an issue message for my self is the following: "The applicant ' My name' is not eligible to be included as a family member due to one of the following issues:
- They have a previous visa cancellation
-They don't hold an appropriate visa
-They have a condition in the current visa
-Their location can't be confirmed
The application will not be able to continue until the family member that is not eligible is removed from the application. The applicant should review the eligibility information on our website. "
We "including my partner" are currently in Australia on Bridging visa A for 485 visa.
Please note, that I had a refusal visa for 485 visas in 2019, because I applied after the 6 months period. But, then I applied for a student visa to continue my master's degree which has been successfully granted and expired in March 2022.
Is this issue can be fixed?
Hello Nilesh,
I and my wife applied for visitor visa subclass 600 for World Cup and got refusal on 26th Aug 2022 with reason economical conditions.
I want to re-apply for the same. Can you confirm the success rate of getting visitor visa if in case i re-apply for me only or with family again.
What do you suggest on above that i should apply for me only or can re-apply with my family?
Regards,
Gourav Batra
Hi there i went to australia on 2018 jan while holding visit visa after that i applied bridging to stay and permanently exited from australia so can i apply visit visa again
Hi sir, I wonder if you could help, give advice on my partners and I circumstance. Her visa was refused due to not showing she has any economic reason to return to Bali, as she is unemployed there and currently on a holiday visa there in Bali. The details are
Applied: 04/07/2022
Notification of refusal: 26/08/2022
Visa: tourist 600
Length: 3 months, single entry
I am Australian citizen and my partner is Russian living in Bali; Indonesia. She currently is unemployed and I’m am fully employed with a major airline in Australia as a pilot.
We supplied all documents
-her passport
-birth certificate
-photo
-previous travel history visa in her passport
-current visa in Bali
-ownership of house in Russia
-my letter of invitation
-planned tourist activities letter
-my passport
-proof of my residential address (utility bill and tenancy agreement)
-4 months pay slips
Can you provide any advice on what best to do next who in this situation with regards next application and how to make it better to be successful. Should we register the relationship and do a sponsored visa (is that possible?), or any other visa considering this end considering she is unemployed and I stated I would be supporting her while she is her financially (living with me, paying for her and she also stated she does have funds as well).
Thank you
Hi siir in 2017 i habe travelled to australia while holding tourist visa so i have applied bridging visa after applying bridging visa within 7 months i have travelled 2 times to india while having bridging b later again in 2018 i have travelled india again but in 2021 due to health worst conditions have exited from australia without informing immigration and left to india so can i apply tourist visa again or after marriage with dependent of wife i can travel to australia ?