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.
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Can I Apply For An Australian Visa After Refusal?
Nilesh Nandan · May 4, 2021
Home » Immigration Guides » Can I Apply For An Australian Visa After Refusal?
On This Page…
What To Expect?
The Reason Your Visa Was Refused Or Cancelled Is Important To Your Case
Take Action Immediately After Denial Whether You’re In Australia Or Offshore
Apply For A New Visa Or File An Appeal With The Department Of Immigration Or AAT
What If My Appeals Are Denied? Do I Have Any More Options To Re-Apply Or Appeal?
It Is Possible To Apply For An Australia Visa After Refusal – Or To Win Your Appeal!
What To Expect?
If you have recently been refused an Australian visa, you may not be sure what you can do to legally migrate and settle in Australia. Can you simply fill out another visa application for a different visa? Is it possible to appeal the denial of a student visa, work visa, or any other visa in Australia?
In this guide, we’ll discuss some of the basics about what you can do after your visa has been denied by the Department of Home Affairs. Let’s get started now.
The Reason Your Visa Was Refused Or Cancelled Is Important To Your Case
The circumstances of your case are what determine whether or not you can reapply after visa refusal or visa cancellation. Your visa application can be denied for a number of reasons, but most of them fall into the following two categories:
– Non-character-related refusal or cancellation – This is the most common type of visa refusal and cancellation. For example, if you unknowingly entered false information on your application, you may be denied – or if you did not meet the criteria required for a particular type of visa, it may be refused.
In most cases, this type of refusal or cancellation will not stop you from filing future applications, though there are some notable exceptions.
– Character-related refusal or cancellation – This type of cancellation is issued if you fail the “character test,” and is a more serious issue. Meeting the character test is provided for of the Migration Act of 1958.
Essentially, it allows the government to cancel or deny a visa to anyone with an extensive criminal record, has committed criminal offences, has broken Australian migration laws, or is otherwise somehow involved in criminal acts.
It is usually more difficult to appeal a refusal or cancellation based on character-related grounds, and this denial can result in your permanent exclusion from Australia. You will usually have difficulty in getting a bridging visa while any decision is pending.
Depending on the circumstances of your case and why you were denied, you may be able to make an appeal – or in some limited access, you may be able to file a new visa application.
For example, if you lost your employer sponsorship visa, you may be able to find a new employer in Australia, obtain sponsorship, and re-apply and gain approval for your new visa. The specifics of appealing or applying for a different visa will vary, depending on your case.
Note also that if you have had a visa application refused or been subject to a visa cancellation in the past, you will be required to declare this when you are applying for future visas with the Department of Home Affairs. This could affect your eligibility for future visas – but failing to disclose past visa refusal or cancellation entirely will usually result in the denial of your visa application.
Take Action Immediately After Denial Whether You’re In Australia Or Offshore
If your visa is cancelled and you are currently living in Australia, you’ll almost always need to apply for a BVE (Bridging Visa E) right away. This visa will give you time to make the arrangements for leaving Australia – or give you time to apply for a limited group of visas. The processing time for a BVE is very short, since it’s an emergency visa – if you don’t have any visa you’ll need to be detained. There is no filing fee for making a BVE application.
A BVE may also be issued if you plan to take your cancellation case to the Administrative Appeals Tribunal (AAT), which was formerly known as the Migration Review Tribunal (MRT), or if you are seeking ministerial intervention in your case after having been to the AAT.
If you are not living in Australia, you do not need to get a BVE visa. However, you should contact a registered migration agent or immigration lawyer right away to begin exploring your options for filing an appeal – or filling out and lodging a different type of visa application.
Apply For A New Visa Or File An Appeal With The Department Of Immigration Or AAT
The proper next step depends on the reason for your visa refusal or denial. In some cases, you may simply need to fill out a fresh (possibly different) type of visa application – and you may be approved.
However, in other cases, your best option may be to work with a migration agent or immigration later lawyer in Australia to appeal your case. Most visa types lodged onshore or if lodged offshore with a sponsorship or nomination involved will allow you to file an appeal with the Department of Immigration.
Filing an appeal in the case of a visa cancellation based on character, there might be an opportunity to have the cancellation decision revoked. This typically involves sending more information about your application to the Department of Home Affairs. Then, your application will be reviewed, and the person reviewing it will make a decision on whether or not your visa was cancelled in error or if there are other reasons why the cancellation decision should be reversed.
If you have applied for a visa in Australia and that visa application is refused then will you please have an opportunity to have that position reviewed via tribunal. You have one more chance to convince a decision maker that you meet the criteria to allow a visa to be granted to you. You might send an appeal to the Administrative Appeals Tribunal. Note that the AAT cannot grant visas. Instead, it will examine your case, and decide whether or not the criteria for granting a visa are satisfied.
Then, the AAT will either find in favour of the Department of Immigration and confirm its decision – or it will find that you did meet the criteria of the visa, and the Department of Immigration will then have to further consider your application with the findings of the AAT in mind. In most cases, this means that you will be approved for the visa.
What If My Appeals Are Denied? Do I Have Any More Options To Re-Apply Or Appeal?
Usually, there are two options. First, you can appeal for ministerial intervention – if your circumstances are very unique and exceptional, you may be able to get help directly from the Minister, but this happens quite rarely.
Another option is to work with an experienced migration agent to scrutinise the decision of the AAT, and identify legal errors that may invalidate the decision. This is an area in which MyVisa® Immigration Advisory specialises. If it can be argued that the AAT decision was in error, a Federal Court Circuit judge may quash their decision – which means the tribunal will need to make another decision, but this time in accordance with law.
Our practice has had tremendous success in scrutinising decision making by members of the AAT review of finding an error in their decision-making process so that orders can be obtained from Federal Circuit Court judges which quash the AAT decision and order them to re-make a decision. This re-making of a decision is done by a fresh tribunal looking at all of the information about your case from the beginning.
It Is Possible To Apply For An Australia Visa After Refusal – Or To Win Your Appeal!
Your personal circumstances will dictate which option is best for you. In some cases, you may be able to legally immigrate by simply choosing a different type of Australian visa – but in others, you may need to appeal the decision of the Department of Home Affairs.
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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Comments
Lloyd says
May 23, 2022 at 2:00 pm
Hi Nilesh,
I have just received a Refusal Notification from Immigration because I sponsored my Mother-in-Law for Subclass 600. The findings was a Son-in-law cannot sponsor for tourist visa, it should have been my wife who should apply. Is it worth appealing or make a fresh application with my wife being the sponsor? Thanks in advance.
Lloyd
Reply
Nilesh Nandan says
May 24, 2022 at 4:00 pm
The answers to your question is to make a fresh application.
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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Rey says
May 21, 2022 at 6:37 pm
Hi,
I recently got refused for 189 visa, would I still be able to apply for a 186 visa because it says on the criteria that I must not have any visa refusals? Thank you.
Reply
Nilesh Nandan says
May 21, 2022 at 7:36 pm
It depends.
Yes, if you hold a substantive visa.
No, if you don’t.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Reply
Anthony Donguya says
May 20, 2022 at 12:57 am
Hi Can I apply another visa like skilled independent visa after refusal?
Reply
Nilesh Nandan says
May 21, 2022 at 4:12 pm
Yes.
190.
491.
494.
Other criteria are required to be met too.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
Anthony, I rely on honest reviews. Could you please review this service?
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Akpede funmilayo says
May 23, 2022 at 8:37 pm
Pls is it possible to sue an education agent for negligence and errors leading to my visa refusal ?
Reply
Nilesh Nandan says
May 24, 2022 at 3:59 pm
The answer to your question is yes.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review
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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Robbie says
June 1, 2022 at 1:19 am
Your comment is awaiting moderation.
Hello, I recently received a refusal notification for a 600 visa tourist stream right after I sent an update that I just resigned from my work last April 2022 but I submitted my application last Feb 2022, as if they waited for me to update them that I resigned from my work. Their reason was that I did not have work in my country hence I have “no significant economic ties to my country”, and saying that after considering my partner’s support, it still doesn’t suffice. My question is, can I apply for an appeal for this? I feel like they didn’t even check my other documents showing my investments and personal savings (which I can say is relatively subtantial). Thank you!
My ETA visa is refused. can i make an appeal for that type of visa? Or i need to make a new ETA visa application?
Hi there,
My partner is bulgarian and he applied for an eVisa.
He has been unemployed for only 2 months and has sufficient funds to support himself during his visit.
He however made the mistake of selecting that I would support him- and i dont think the Department of Home affairs liked that, after he chose this option they didnt ask him for any proof of his funds. So they refused his visa on the grounds that they think he will stay and has no funds.
Can he reapply and this time select he will support himself and then attach his proof of funds? Is this the best way to go forward for his visa to hopefully be approved?
my friend visitor visa from nepal was rejected 2 Years ago.Can i reapply now.
Hi sir! How can I apply for a student visa after getting refused way back in 2013?
Or is it best if I apply for a new visa?
Hi there! I recently had my subclass 801 residence visa (defacto) refused as a result of my ex partner contacting immigration right before I was due my PR and telling them we had broken up after an argument we had.
I had my TR granted back in 2018 and have been waiting for an answer since then. I am 6 months into my enrolled nurse degree and wondered if there’s a chance I can apply for a student visa to continue my studies whilst still in Australia after a visa has been refused?
Hi Nilesh
I applied for visitor visa twice, subclass 600, 3 years ago but they did not grant me, and both times the reason of refusal was, In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration Regulations is satisfied, you didn’t make us sure that you will come back to your home country. Even I had invitation letter from my friend who lives in perth Australia on PR. Kindly suggest me what should I do so that they will grant visa. Thanks