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, I have recently done my medical assessment as part of my Post graduate work visa 485. We are a couple with a child aged 3 years old. My daughter has a speech delay and the doctor noted about her speech delay in her medical assessment with Bupa. Is it going to be an issue for our visa? Is it going to be a reason for refusing our visa?
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. 485 has no health waiver. You’ll need to get lots of evidence that the health criteria is in fact met. Eg prove no undue cost or prejudice.
2. You’ll need to meet the health criteria as there is no scope for waiver.
3. If one family member fails the health criteria, all will fail and the visa will be refused for all.
*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
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Hi if i had 461 Visa justgot refused , can i still able to apply for 189 Visa New Zealand stream onshore as a dependent applicant? Please
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. No. Because you are caught by the operation of section 48 of the migration act. A 189 Visa is not permitted if you are the holder of a bridging Visa at the present time.
2. Did you appeal the 461 Refusal? Make sure you do not miss any deadline.
3. If you hold a Bridging Visa “B” Class (Subclass 020) to exit Australia for a short period, you might consider making a 189 application from outside of Australia.
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*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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Hellow sir!
I have applied a visitor visa 600 ( tourist stream) on last may. Today i received the rejection mentioning like i don’t have enough bond to come back to my home country sri lanka. my husband is a Australian citizen also our partner visa also on processing. We have provided all the supportive documents as well but without my financial status in sri lanka. Can we reapply again by providing that documents?
Thank you
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. If you had lodged your application for a partner Visa inside Australia there might be scope to lodge an application for a bridging Visa in association with that onshore application.
2. If the application you lodged was made offshore then no bridging Visa in association with that application as possible and you will need to consider getting a bridging visa in association with your application for review at the tribunal in respect of the decision to refuse your visitor Visa, assuming of course that you are inside Australia at the time of decision and the time of application to the tribunal.
3. If you want to invest a duplicate amount in terms of the partner Visa application fee then you should also explore the scope for making an application inside Australia for a partner Visa which does not prejudice your previous application for a partner Visa assuming the previous application was made while you were outside Australia.
*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
Hello sir. I and my husband applied for Australian visitor visa to my brother who is not student visa. Our visas have got refused. The agent did not add the statements as well as details of my PF account. He said only certificates will work. Also, we have added only 1 year ITR’s. We both are teachers with tue salary of 30 K each. Now. My parents also have the visa of Australia. Can I apply my visa again? The reason of refusal was we will not return back. Also, should I apply alone or for both?
Hlo sir my student visa of australia has been refused last week . They put this reason that you are going to settle over there . Please tell me can I reapply for australia and if I can then in which visa I can apply
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Yes, you can reapply whilst you are overseas.
2. You will need to make a stronger application addressing the reasons for refusal provided to you in the decision record you must’ve received.
3. You can reapply immediately and make the same application you made on the previous occasion ie. subclass 500 Student visa.
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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
Hello, I was denied tourist visa and now I m going to apply student visa . Is it important to declare refusal?
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Are you nuts? Of course you must disclose your prior Visa refusal!
2. Did you lie in your previous visa application? If you did then you need to get some advice about this issue as the new application will be compared with the old application in terms of the information provided then and now.
3. There is a real risk that your next application for a student Visa will have challenges given the refusal of the visitor visa so make sure that you address all the issues pertaining to being a genuine temporary entrant thoroughly.
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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 had recently applied ETA 601 visa but was rejected twice ( for not meeting the genuine temporary entrant), I had previously studied in Australia for over two years, my purpose of entry is to attend my upcoming university graduation (a highly reputable university in Melb) and a short trip with my family members. I had attached documents in addition to passport and ID as below:
-3 months bank statements (about $70k AUD funding from parents)
-Financial sponsorship declaration letter
– Graduation letter issued by Uni
– Proof of course qualification document
– Copy of Employment offer letter in my home country
– Birth certificate ( showing ties to home country)
– Itinerary plan/list
– Form 1554 ( Showing that I will be staying over a friend house)
– Cover letter demonstrating my intention of travelling to Australia.
Note: I have never had any misconduct or convictions in Australia, or breached the conditions of student visa during the time, or any outstanding tax balance.
Given this circumstance, would you recommend re apply again, if yes, what other documents should I present to corroborate my purpose of travelling to Australia.
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. It is realistically quite difficult to recover after two visa refusals for the same class of visa and within a short period of time.
2. I feel the pain and frustration you must have for not being able to return to Australia after having spent so much money in your education here, in order to attend your graduation ceremony. Whilst I don’t want to tell you how to suck eggs, you should’ve given thought to making an application inside of Australia after you finished studying so that whether or not that application was approved you would’ve had a basis for staying in Australia until your graduation. Of course, we can not go back in time.
3. While you have shared with me an extensive list of materials you have previously provided or propose to provide, it is not the purpose of this post to determine what else might be necessary in relation to your particular application. You may have different circumstances and a different profile to the next applicant and the question of what else could be provided in terms of documents or arguments is very much dependent on who you are and what you’ve done in the past.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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! https://Buymeacoffee.Com/NileshNandan
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472