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
Dear Sir,
My name is Faizan Naseem. I need to ask would I be able to apply again for visa subclass 491?
I was invited for subclass 491 from Tasmania and I applied for visa 491 while being offshore because I was unable to lodge visa application due to AAT/Federal Review. My visa subclass 491 got refused because I was not holding a valid skill assessment at the time of invitation however I already had a valid skill assessment when I applied for state nomination because mean while waiting for nomination it got expired and I applied for a renewal.
The second thing I want to ask is that I applied for AAT/Federal Review because previously my student visa was refused. So when I got invited for visa subclass 491 and I moved overseas to apply for visa application for visa subclass 491, I withdraw my application from AAT/Federal Review.
I want to ask that if I get invited again for visa subclass 491, would this thing affect my application? Because one of the condition for visa subclass 491 states that “Not have had a visa cancelled or a previous application refused”
I would highly appreciate for your reply.
Hi Nilesh,
I will be more than happy if you solve my query.
My wife visa has been refused twice and she has been banned for 3 years to provide a false information which was actually a mistake. Her 3 years ban is already completed on this year march and currently i am waiting for my 485 visa extension due to living and working in regional.
My company is going to sponsor me for 494 , would i be able to include her as family member in my 494 visa application?
Please note that i was not able to include her on 485 extension also due to error in immi account that “ Family member is not eligible to apply for this visa, please remove the applicant to process further”.
Both 485 visa and 494 visa’s have condition to not have previously visa cancelled or refused.
Please assist me with this.
Can I apply for a 491 visa(offshore) if I have a visitor 600 (offshore) refusal? If yes, is there any negative impact on the 491 decision?
I did not yet apply for a visitor 600 visa but want to apply before July 2022. I just have concern that will there be any negative impact of 600 rejection if apply for 491 in July, because now I am not eligible for state nomination. but maybe I will be eligible after July.
I applied for tourist visa for 3 years for my parents.
My mother got visa approved but my father’s visa has been refused on medical grounds and advised to apply for shorter stay, then we requested for one year, even then it has been refused.
I have two brothers. My elder brother is in Vencouver and younger one is in Melbourne.
I am in Adelaide. So my parents are alone.
Is there any benefit if we appeal as we have 70 days time now to appeal.
Please advise
Helo sir,
My visitors visa in got rejected in January, because I failed to provide them information that I’ll go back to my original country (return ticket) and at that time I just resigned from my job but I do have sufficient amount of money. So in June, I want to apply WHV, do you think my visa will got rejected again?
Helo sir,
My visitors visa in got rejected in January, because I failed to provide them information that I’ll go back to my original country (return ticket) and at that time I just resigned from my job but I do have sufficient amount of money. So in June, I want to apply WHV, do you think my visa will got rejected again?
Hi Nilesh!
I applied for visa 600 last January 2020 which was denied on Feb 2020 given the reason that clause 600.211 was not satisfied(genuinely, I was planning to visit and tour Australia that time). Currently, I have an employer who’s willing to sponsor me and will apply visa 482 soon as a Physio, can I ask if there’s still a chance for me to work in Australia given my refusal history? Is the chances of visa refusal for visa 482 high? (Im an offshore applicant)