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 there,
I’m Australian but my Canadian partner has an outstanding lodgement with the ATO from his time there a few years back on a working holiday permit. He hasn’t lodged the return and there’s no current debt on his ATO account (but there will be once he lodges).
– Will his visa get rejected if he has one unlodged return but no payable amounts yet?
– How long do Canadians usually wait for the approval of a tourist visa 600?
We have flights to go in November so I’d like to get this sorted.
Hi Susan
Thank you for a very simple set of questions. I appear to have all the information I need to give you some guidance. Mostly I get questions without enough information so thank you!
In answer to your first question I don’t expect any problems if the tax return is not lodged at the present time. In relation to your second question please refer to the following link regularly as the processing times do get updated by the department on a regular basis.
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Hello,
I am on Entertainment visa subclass 408 and it has 14 days left to expire.
Can I apply for onshore student visa?
What are the chances of getting the student visa?
Frank
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I’m not aware of any impediment for you lodging a student Visa provided you the other holder of a substantive Visa. Of course you will need to have a statement of purpose that is satisfactory as well as convince of decision-making that you are a genuine temporary entrant. It is necessary to obtain a confirmation of enrolment And submit this at the time of lodging a student Visa application. You should also be aware of the obligation to provide satisfactory information in relation to your finances proposed to support your application and stay in Australia as a student. Your immigration history will also be relevant.
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Nilesh Nandan
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Immigration Lawyer | Special Counsel
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My medical treatment visa application was refused because of insufficient funds to take care of my medical expenses.
Reasons I have assessed the application and the reasons for my decision are detailed below. A valid application for a Medical Treatment visa has been made by the applicant. A visa cannot be granted unless the relevant criteria set out in the Migration Act and the Migration Regulations are satisfied..
In this case, I am not satisfied that clause 602.216 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: 602.216 (1) The applicant has: (a) (b) adequate means to support himself or herself; or access to adequate means to support himself or herself; during the period of the applicant’s intended stay in Australia. (2) However, subclause (1) does not apply if the requirements described in subclause 602.212(6) are met in relation to the applicant. Clause 602.216 in Schedule 2 of the Migration Regulations is a criterion that must be satisfied. It states that the requirements of either subclauses (1)(a) or (1)(b) must be met in order for a visa to be granted.
The applicant provided bank statements from a sponsor for the applicant’s medical treatment. The applicant required AUD 15 500 for his appointment and surgery at Sydney Retina Clinic and also sufficient funds to support his one month stay in Australia. It is noted that the balance on the bank statement of the sponsor drops to low amounts and then a large deposit was made. There is no proof of the source of the deposit or that the level of funds will be maintained. I am not satisfied that the applicant will have access to Access to adequate means to cover the costs of the treatment in Australia and to support period of stay in Australia.
CAN I REAPPLY?
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
We applied tourist visa of our parents but its denied because they will not accepted the spon son in law? There’s any chance can appeal this one? Thank you
Thank you very much for this question.
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Have you considered lodging a fresh application with the correct sponsor nominated as the sponsor in the new application?
I think lodging a fresh application in the circumstances would be preferable to lodging any appeal.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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1300558472
My visa has beed refused few days ago. And they said they cannot consider my visa application any further. Can i apply for visa again? How many days i have to wait for new visa submission?
If you are overseas and you have applied for a visitor Visa or a student Visa then it is likely that you will not have any appeal rights and you can immediately reapply. If however you are inside Australia then it is likely that your refusal will prohibit you from making most other Visa applications whilst you are inside Australia, although a limited number of visas can be applied for whilst inside Australia. Note that you may have a right of appeal to the tribunal and usually if you are in Australia at the time of decision then you will have a window of 21 days in which to make an application for review to the tribunal.
This is the case we should get some specific advice particularly if you are inside Australia at the present time.
I hope this helps!
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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
Hello..my visa application for tourist were denied due to my status as unemployed….they think i might not comehome …i didnt give assurance on my application that i have my 91years old mother here in philippines to be care of…..can i have appeal for it?
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You can only appeal a sponsored family visitor Visa. If it is simply a visitor Visa without any sponsorship and your overseas then there is no appeal right. It is not such a big problem because nothing is stopping you from making a fresh application providing the complete and correct information. Please be aware that having a grandmother you’re taking care of is not conclusive evidence that you will go back to the Philippines. I expect that you may have other challenges in proving that you are a genuine temporary entrant. Each case is different.
I do wish you the very best with the next application.
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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
Hi,
I got my SECOND WORKING HOLIDAY VISA refused becouse the payslips and other documents I used to apply for weren’t in the right format to prove the job I did.
Can I apply again with new proper documents?
Thank you.
*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.
Two thoughts immediately come to my mind.
Firstly whether or not you provided for some misleading information in relation to the first application in which case you might suffer an exclusion period because of the operation of what is called PIC 4020.
The second thing that comes to mind is that you might be prohibited from making a further application for this type of Visa in Australia if you are caught by the operation of section 48 of the migration act. Do you hold a substantive Visa now or a bridging Visa? If you hold a bridging Visa now then you’re not able to lodge any fresh application for a work and holiday Visa in Australia. Of course are the eligibility criteria for a second 417 Visa will need to be met.
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