Visa After Refusal: What to Do Next
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 Affairsdenies 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 tovisa cancellation. If you’ve been granted avisa 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 yourvisa is “cancelled”.
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
Sir i got rejected beacuse of immigration act beacuse i had 4 years study gap which became the reason of my visa denial. Why is it thet you are saying i will get refused again if my sister is going to post an application there that she wants to see her brother beacuse its been 2 years and wants to celebrate bhai duj which is one of the biggest festival of Nepal
I’ve already answered this question.
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
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1300558472
Hi. My Visa Application for subclass 101 was refused last November 2020 because we didn’t able to provide a DNA sample in the deadline provided by home affairs because we didn’t notice the email they’ve sent to us. We appeal for a tribunal review last January 2021. Last April 2022, we got an email from AAT giving us an opportunity to provide DNA sample, we accomplished the DNA sample last May and I match the result with my father you is currently a permanent resident in Australia. It’s been two months already after we accomplished the DNA sample, just wanna ask if I still have a high chance to get and approve a PR visa?
Sir i got my student visa reject a month ago and now my sister who is in Australia but isnt a PR holder is going to call me for Bhai Duj festival. What are you views on it and what are the chances of my visa getting approved as i have show that i have enrolled in a college in my home town and have proper bank statement and business properties.
I think you are dreaming.
You need to understand the refusal of the student visa and address that issue first.
An application for a visitor visa now will get refused and then you’ll have two refusals without much hope then of getting any future visa for Australia!
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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
Hi, I was denied a tourist visa (600) on grounds of not having ties back home, no travel history and no properties listed; this is despite being invited by my fiancé and we stated this and provided all necessary documents. However, the agent that lodged the visa for me made the mistake of not including my parents or (any) of my siblings here in my home country on grounds that it is not necessary since its just visitors visa. Now my question is, how possible is it that can I apply for a new tourist visa and list my parents and siblings, will the initial error affect me this time? If I make a tourist trip to another country before the application will it be recognised? How soon can I apply again for another visa to Australia?
Here are my answers:
“How possible is it that can I apply for a new tourist visa and list my parents and siblings”
Very possible. You should do this immediately. You should also consider whether or not the correct application is a visitor Visa. Your fiancé is an Australian citizen or permanent resident in the correct application might be a prospective marriage Visa rather than a visitor Visa.
“will the initial error affect me this time?”
No. I think the application was refused for a range of reasons whether or not stated in the discussion record. It is not possible to blame the agent for the outcome without seeing the entire application made. Certainly having a Visa refusal and then lodging a new Visa application does mean that any new application will suffer a heightened level of scrutiny by departmental case officers.
“If I make a tourist trip to another country before the application will it be recognised?”
This is a great suggestion. Travel to another country and return back to your home country could suggest a history of immigration compliance whoever this might not necessarily be conclusive on its own.
“How soon can I apply again for another visa to Australia?”
Immediately there is no waiting period. The answer to this question would be different if the Refusal was based on public interest criteria 4020.
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!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
*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.
Hi there,
Really useful article. I’m looking to apply for a e-visitor visa but am concerned it could be rejected and then affect future visas. I have previously been on a 482 that ended in March, I then applied for a tourist visa in Australia (600). I went onto bridging visa C because it was a few days after my 482 expired. I then left Australia whilst on the BVC and am now in the UK. If the e-visitor visa gets rejected could that affect future visa applications?
Hi Georgia
The first issue which comes to mind is whether or not you are affected by any special return criteria. This is a unfortunate way of referring to a ban on exclusion period. If you applied for the 600 Visa only a few days after the expiry of your 482 Visa then I can see their issue with any ban or exclusion period. But this is my first question any time somebody leaves Australia as a hold of Bridging Visa “C” Class (Subclass 030) or Bridging Visa “E” Class (Subclass 050).
The second issue is whether or not the Visa you propose to make now is the appropriate Visa. I’m assuming that it is and that in particular you want to return to Australia as a visitor only. It is not uncommon for Visa holders to have one intention when applying for the visitor Visa and then changing that intention after arrival into Australia.
Finally your question asks whether or not any refusal with affect any future application. To this I answer yes. I decisionmaker looking at any application will indeed consider the fact that a previous application had been made and the previous application had been declined. Having said this you should be brave! You do need to lodge something and he will have paralysis without action. I would lodge!
I trust this answers all of the questions raised by your question. I hope that you have no issues in seeking re-entry and I’m sure things will work out just fine.
*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.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
My partner visa was refused just because me and my husband had small wedding not showing many people and few other reasons.i also was hospitalized due to injury nearly a month by my self because i dont have any family members but still my application was not considered. What are the chances if i reapply and will get visa approved.i am getting depressed like hell.
I’m very sorry to hear about your hospitalisation. Your question depends on a number of things and I recommend for this particular question what sort of questions that you book in a 10 minute chat with me to discuss properly. I will however try and then for some issues at this time. Firstly there is a different approach to be used of the Visa reviews was a partner Visa or whether in fact it was a dependent Visa by virtue of the fact that you were the partner of another applicant for a temporary Visa.
The second issue is was when did the refusal occur. This is important because you might have an appeal right. There are strict time deadlines for making an appeal against the refusal if an appeal right is available. Remember also that even if there is no rights of appeal to a tribunal there still might be an opportunity of making an application to a court for judicial review of the decision made by a decisionmaker.
Finally if it is the case that a fresh application is affordable for a partner Visa at this time, consideration should be given as to whether a fresh application should be lodged or whether some other steps like the registration of the relationship or marriage etc should be perfected before any proposed Visa lodgement. Once again I think the circumstances you have raised a little complex to resolve in this forum properly mould recommend that you get some advice before taking your next step.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
*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.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi, I’m Canadian and I already had a working holiday visa in 2015 (can’t remember the one but I didn’t complete my rural/regional work). I’m hoping to move back to Aus with my boyfriend in about 1.5 years, what would be my options? Is there another working holiday visa I can get, or would I have to go through the PR pathway?
Cheers
Hi Rachel I think you might have been on the subclass 417 Visa but you will need to check this and investigate whether you are eligible for another 417 Visa.
The most common option is to return on a student Visa or a work visit if you are coming back as a temporary entrant.
Of course you could come back on a visitor Visa but the problem with that is all you will not have any work rights.
Do you have Notprovided in information about your partner but you must investigate whether you can simply jump on as a dependent applicant to any these replication that he wishes to make in the case of a temporary Visa. It is not clear whether he is in fact in Australian permanent resident or an Australian citizen in which case he could sponsor you for Partner Visa (Temporary) Subclass 820.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
*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