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
Hey I just got my visa refusal for sub 600, now can I apply for student visa??
Hello. I have invited a friend to visit Australia. I have guaranteed all costs. His visa was refused on two grounds. 1. He did not show he had enough funding, and 2. He did not show reasons that he would return to Indonesia at the end of his trip. He has traveled to Australia 5 or 6 times already, and has always complied with his visa conditions, leaving on time or earlier. We are applying again, and have written a statement addressing the concerns. Where do we attach the statement in this new application. Are we doing the right thing?
Did the tourist visa(600) refusal will affect the application of Subsequent 485 visa application? Thanks a lot in advance
If my protection Visa been refused and I made an Appeal, then withdraw the application and left Australia, am I able to apply for Student Visa in Australia?
Hi Steve
I see my question is that you wish to apply whilst outside of Australia for a student Visa to come to Australia to study.
If this indeed is the correct question in the answer to this is yes. You can apply for a student Visa whilst outside of Australia in the circumstances.
Another question which you must turn your mind to is whether or not your student Visa has any prospects for success. In circumstances where you have lodged a protection Visa but you have then seen the light and withdrawn that application and there may be a basis for you to argue but not with standing the lodgement of a protection Visa, your circumstances are such that you are in fact a genuine temporary entrance and that you otherwise meet all of the other criteria required to be met in order to be granted a student Visa to return to Australia.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
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Hello Sir,
My agent mistakenly lodged my 482 visa application with an expired ACS skill assessment and this assessment was not mandatory at all for this type of visa lodgement.
Is it possible to reassess an assessment by case officer or case officer will reject my visa?
Best Regards,
Reza
Unfortunately it is not possible to take back something from the Department after you have provided it to them.
This means that you cannot take back your expired ACS skills assessment. Let me proceed on the basis that there is no false or misleading information or bogus element to that skills assessment…
If you apply for a further ACS skills assessment, be very careful to ensure that consistent supporting materials are provided. IMMIGRATION is likely to compare the two skills assessments and if you are seeking to provide alternative reference letters (for example) then this is likely to be very problematic for you. It would be a case of providing inconsistent information and you might expose your application to a pic 4020 issue and the resulting exclusive period and refusal.
Given your question I cannot see why they would reject your application solely for the reason that you have provided an expired skills assessment in circumstances where a skilled assessment is not a mandatory requirement. What I would expect a reasonable Case Officer to do is to request from you an updated skills assessment if indeed the case officer wishes to exercise their personal discretion to request a skills assessment.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
*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.
Assuming that the only issue with your previous ACS skills assessment certificate is that it is outdated then obtaining a fresh a C a skills assessment makes perfect sense to me.
Given that the skills assessment is indicated by you to be something which is not mandatory then it could well be that the department Case Officer is not at all concerned that a new phone expires I see a skills assessment is provided.
Hi Nilesh,
My mother’s tourist visa got rejected because she left australia on bridging visa A. Will this affect future visa processing if we reapply?
Hi Nilesh
I applied a sponsor 600 visa for my in laws but got rejected stating in law relationship is not immediate and is not eligible to apply for this visa.
My question is:
Can we reuse the same medical and biometrics? If yes how?