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
Hi, my partner has been refused a working visa due to being in jail a total of 1 year and 12 days due to drink driving. Had he of only had the 1 year he’d of been ok.
Suggestions on what he can do, to hopefully get approved next application. I’m an Australia citizen, he is New Zealander. Please help, I need him back here with me 🙁
Hlw sir, yesterday I got my student visa (subclass 500) rejected and the reason was Migration act 1994. So, I want to know whether I can reapply or not. And what are the visa chances?
Sorry there was the mistake. It was under section 65 of the Migration act 1958.
Hi sir ,
I had my student visa extension refused on july 1st . I lodged my visa on 23 march 2022 ,Reason for visa refusal was financial criteria was not satisfied on my application , my migration agent didnt attach any bank balance statement and balance certificate they never ask and remind me to give this which cause refusal. All i want to know is i am finishing my course on 14 july am i eligible to apply for TR or i have to apply for AAT ? Please give me some idea so i can stay in australia . My workplace was ready to sponsor me and i was nearly ready for my skill assement . I have certificates of my course am i eligible for TR?
Thanks looking for your advice
Hello Sir,
My 485 visa got refused in 2019 and the AAT affirmed the decision already in 2022. Currently, I’m outside Australia. My question is is it possible for me to apply for 485 visa again in the future if I go back to Australia and finish my future study (Master Degree for example) ? Or if I apply for 491 visa(offshore), will my 485 visa refusal affect my chances of a visa grant?
I had applied for ETA 601 visa and was rejected on the basis that the reviewer is not been convinced that I am coming to Australia as a tourist. As the Itinerary for the trip is only conceptual up till today such as driving around and staying in AirBnB. Can I reapply with more supporting documents such as 2-way air tickets, which I had neglected in my application?
Hey do you have your refusal letter
Can I apply for 494 Visa from offshore if I had previous visa refusal in the past onshore and I also lost a MRT appeal onshore in the past?
My visa got refused because of Migration Regulations 1994. Should I apply or lodge a visa again quick??