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.
My visa got refused because 600.211 clause was not satisfied. Will i be able to apply for tourist visa again, if so after how many days?
Is there possibility to get refund for the paid amount if visa gets refused?
Hi Sir, I got my Protection visa refused by Australian immigration and appealed to the tribunal. Is there a chance I can go back here in Australia if ever I got refused again? Thank you
Hello sir,
I just got visa refusal on 2022 ,Jan 21 from Australia High Comission.
So my question is this Can I re apply my visa.because it’s being more then 4 month.
By taking same course, in next clz but making some changes in financial documents and additional valid sponsored in that…
Give me genuine suggestions sir in Rply??
On the basic of this reason:
The applicant did not satisfy the provisions of the Migration Regulations 1994.
The attached decision record provides detailed information about this decision as it applies to
this applicant.
Review rights
There is no right of merits review for this decision.
Decision
As clause 500.212 is not met by the applicant, I find the criteria for the grant of a Student visa
are not met by the applicant. Therefore, I refuse the application by the applicant for a Student
visa.
Assessment against the criteria of other subclasses in class TU
As the application was not made on Form 157G (Application for a Student Guardian visa), I
have not considered the application against the subclass 590 Student Guardian visa criteria
Hi Nilesh
I have just applied for my mothers Australian short stay tourist visa.
Myself & my sister are citizens of Australia. My mother has visited my sister previously on tourist visa without any problem. My question is that, my mother’s USA tourist visa was refused few years back. The interviewer at the US embassy wanted more info on her partner. My mum said that they are still married but not living together, it’s complicated. The councillor wasn’t satisfied with that. So she reapplied after Few years and explained the situation again to the lady councillor this time and she understood. She was granted US tourist visa of ten years.
Now in the current Australian tourist visa application where it asks whether your visa has ever been cancelled or refused by Australia or any other country?.
We ticked YES & mentioned, my mum didn’t get the US tourist visa the first time & she applied again & got it the second time. Is this reason enough?.
Your quick reply back would be much appreciated.
Bunty.
My partner tried to get a tourist visa from Philippines and was refused as she didn’t have strong enough ties to return home in their opinion. If I apply for a fiancé visa will her original tourist visa refusal be taken against her when they consider it?
hi sir,
I applied business visit visa in April and the same ejected the following reason
Having assessed their application I find that the date of the meeting has already passed, thus the stated travelling purpose no longer exists. At the time of this decision, the applicant has not provide updated information provided to demonstrate the purpose of the proposed trip to Australia. Therefore, I am not satisfied that the applicant has provided sufficient information to demonstrate incentives to depart Australia at the end of the trip.
Can you please advise i can get a refund and i can apply a fresh visa immediatly
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!