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 case is that I am holding a student visa in Australia now, but before applying for the student visa, I applied for the tourist visa on last November as I am not sure if the border will open to tourists first. If the border opens to tourists first, I then have a chance to travel before deciding my study journey here. While later it turns out that border opens to students first, so I applied for the student visa and came to Australia to study now. But I forgot to withdraw my visitor visa application and I received the refusal of my visitor visa this month, 9 months after I submitted the application form, saying that I don't work in my previous company any more and they are suspicious if I will return to my home country or not after the travel. But the reason I resigned from my previous company is that I decided to study in Australia. When I applied for the tourist visa, I did provide all correct information.
So my enquiry here is that how can I withdraw my visitor visa application as I don't want to have this refusal record in my profile. I googled around, such refusal record will impact my applications towards other countries.
Please help to advise what can I do with this case, do I need an appeal process?
Thank you in advance.
Regards,
Dora
Hi Sir, I applied for a Visitor (Sub 600) visa in June month. But I get a refusal letter 3 days before the reason as follows.
"" The applicant's claims
The applicant has applied for the grant of a Visitor visa (subclass 600) to visit Australia for a
temporary stay.
Information and evidence considered
I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my
decision, I have considered the following:
● relevant legislation contained in the Migration Act and Migration Regulations 1994
● information contained in the Department's Procedural Instructions
● documents and information provided by the applicant(s)
● relevant information held on Departmental files.""
So I want to know if can I apply again for a Visitor visa this year or if can I apply for a student visa.
Hello Sir, I am very depressed and asking this question. I got married to an Australian Citizen in Feb'22 and applied for tourist visa 600 family stram in March'22 but got refused in May'22 and after waiting for more than 2 months my husband again applied tourist visa subclass 600(family stream) from australia in Mid July'22 and side by side applied spouse visa 309 application but this time also my tourist visa got refused yesterday..I just want to know should I apply for tourist visa again which give result within 48hrs or what else I can do. The main reason mentioned in both refusal was that my economic circumstances does not satisfy them that I will return to India. Please tell me what I can do now...should I try to re-apply one last time or not ???
Hi sir
On 17th of August 2022
I got a visa refusal to my offshore subclass 485 post study work visa application
And they stated reason behind as;
As my application was lodged on or after 21 September 2021 will need to demonstrate having
completed an eligible qualification in the period of 6 months immediately before the day
the application was made.
Applications lodged on or after 21 September 2021 cannot be
considered eligible for qualifications completed 12 months immediately before the day the
application was made as they were not prevented from lodging their application within 6
months of completing their course. The applicant was not eligible to satisfy the Australian Study requirement in the period of 12 months immediately before the day the application was
made.
Review rights
There is no right of merits review for this decision.
Im trying 😪 explain every consultancy about my visa refusal
Actually no one is caring about me and no one is helping
Please try to understand my problem
Let me know if there is anything i can do.
Thank you sir
Hlo Sir I went australia in 2018 for 3 months and came back to my home country and now I applied for vistor visa in 2022 and i got rejected recently and now i am thinking to apply for student visa postgraduate no gap what are the chances?
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. This is an absolutely impossible question to answer. No one can say With any certainty the chances given the information you have provided. Every case is different.
2. First you applied for a visitor Visa and now you’re applying for a student Visa. This is not as preferable as you having applied for a student Visa from the very outset?
3. When you do apply for a student Visa you will need to prove that you are in fact a genuine student as well as being a genuine temporary entrant meaning that you are only intending to come to Australia for a finite and temporary period of residence. Be careful because this is the most common basis on which an application for a student Visa is refused.
*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
Hi sir,
I recently faced refusal from australia on 11june 2022 (visa subclass 500.212) and now i want to reapply again for australia. Is it possible to reapply for australia.
*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. Yes you can reply.
2. As you have a refusal you need to be extra careful to make sure you cover the role of an criteria for the grant of the next Visa you wish to apply for.
3. I cannot determine where you are from or what visit you hold if any but you should be aware a different risk profiles apply just different nationalities. Whilst there is real little evidence of this all knowledge meant of this I believe that there must be some protocol by which nationals of certain countries are particularly advantaged or disadvantaged by the Australian government in order to bring them about a migration outcome.
Hi sir i applied for 600 tourist visa of my famiy and todaybi got refusal…i hav attached so many documents and proper evidence of everything…can i re apply .for tourist visa?
Hi Nilesh,
I applied 485 in 2021 Jan, Home affair request medical in Aug 2021, due to lockdown I got appointment on 14 april 2022.
On 12 April 2022, I tested positive to Covid so I have rescheduled the appointment to 20 May 22. On 19 may, department refused my application, applied AAT.
AAT advised department to activate my HAP ID. Medicals done on 7 June 22
Waiting for the decision, how long will it take for the decision ?
Can I apply for 190?
Thanks in advance
*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 have no idea how long it will take for the AAT to make a decision in these particular circumstances. It could be several months and it could be with the need for a hearing or it could be simply disposed of without any hearing. You can write to the Tribunal and confirm with them that the medicals have been done and request them to make a decision “on the papers” which means without a hearing, provided you are absolutely sure that there is no other issue adverse to your application.
2. Be very careful that the health issue is the only issue because it is open to the Tribunal to refuse the application for another reason not simply the failure to meet the health criteria in the initial application.
3. Yes you can lodge a subclass 190 application as this is one of the limited class of applications you are now able to lodge even though you hold a bridging Visa and since last arriving in Australia you have been refused to Visa.
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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
I went to Australia in 2007 for diploma in IT leading to bachelor course. After completing I joined for bacholer and before completion 1st semester I changed to diploma of management leading to bachelor while studing due to back pain health issue I returned back to my home country in 2010 without completing and never returned to australia. After returning I joined bacholer and completed sucessfully and working from 2015 till date and last march 2022 I have applied for student visa with my spouse and got rejected in which office mentioned that due to course change from bachelor to diploma which shows intention to live in Australia my visa was rejected. But if that was my intenstion i won’t returned at that time. Right now my query is that can I apply again for student visa or not and what will be chances of getting visa. and any option to apply for sutudent visa with spouse in 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. There is nothing stopping you from making a further application from offshore for another student Visa either as the primary applicant or the dependent of your spouse.
2. I get the point you are making about genuine intention. This can be quite problematic and it is farcical to say that all of the people who are granted temporary visa for Australia are granted in the absence of any intention to then make an application for permanent residence. The fact of the matter is every student coming to Australia does in fact want or have some broader hope to have an opportunity to make a permanent residence Visa application if they could do so. Following this logic every temporary entrant on a student Visa should denied the Visa because I have this other ancillary intention for permanent residence. Laughable isn’t it!
3. There might be different ways for you to get a Visa for coming to Australia and you need to weigh up whether the path of least resistance is for your partner to be the primary applicant or for you to be the primary applicant. There are multiple considerations here and you should think about this decision as the biggest decision you need to make at the present time.
*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
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi Sir,
Good day!i got faced refusal from australia today 2nd of September 2022 (visitor visa 600) and now i want to reapply again for australia. Is it possible to reapply for australia.
Hello sir. I and my husband applied for Australian visitor visa to my brother who is not student visa. Our visas have got refused. The agent did not add the statements as well as details of my PF account. He said only certificates will work. Also, we have added only 1 year ITR’s. We both are teachers with tue salary of 30 K each. Now. My parents also have the visa of Australia. Can I apply my visa again? The reason of refusal was we will not return back due to not being economically stable here. Also, should I apply alone or for both?
*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. Yes you can apply for another visitor Visa again.
2. There is a risk that a new application for a visitor Visa will be refused unless the application is of course stronger than the previous application and addresses any issues which have been raised by the decision-maker in the application that has just been refused.
3. There is no waiting period for making a further application for a visitor Visa from outside of Australia and you can do this immediately.
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
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472