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
Hi sir i applied for 600 tourist visa of my famiy and todaybi got refusal…i hav attached so many documents and proper evidence of everything…can i re apply .for tourist visa?
Hi Nilesh,
I applied 485 in 2021 Jan, Home affair request medical in Aug 2021, due to lockdown I got appointment on 14 april 2022.
On 12 April 2022, I tested positive to Covid so I have rescheduled the appointment to 20 May 22. On 19 may, department refused my application, applied AAT.
AAT advised department to activate my HAP ID. Medicals done on 7 June 22
Waiting for the decision, how long will it take for the decision ?
Can I apply for 190?
Thanks in advance
*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. I have no idea how long it will take for the AAT to make a decision in these particular circumstances. It could be several months and it could be with the need for a hearing or it could be simply disposed of without any hearing. You can write to the Tribunal and confirm with them that the medicals have been done and request them to make a decision “on the papers” which means without a hearing, provided you are absolutely sure that there is no other issue adverse to your application.
2. Be very careful that the health issue is the only issue because it is open to the Tribunal to refuse the application for another reason not simply the failure to meet the health criteria in the initial application.
3. Yes you can lodge a subclass 190 application as this is one of the limited class of applications you are now able to lodge even though you hold a bridging Visa and since last arriving in Australia you have been refused to 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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I went to Australia in 2007 for diploma in IT leading to bachelor course. After completing I joined for bacholer and before completion 1st semester I changed to diploma of management leading to bachelor while studing due to back pain health issue I returned back to my home country in 2010 without completing and never returned to australia. After returning I joined bacholer and completed sucessfully and working from 2015 till date and last march 2022 I have applied for student visa with my spouse and got rejected in which office mentioned that due to course change from bachelor to diploma which shows intention to live in Australia my visa was rejected. But if that was my intenstion i won’t returned at that time. Right now my query is that can I apply again for student visa or not and what will be chances of getting visa. and any option to apply for sutudent visa with spouse in australia.
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. There is nothing stopping you from making a further application from offshore for another student Visa either as the primary applicant or the dependent of your spouse.
2. I get the point you are making about genuine intention. This can be quite problematic and it is farcical to say that all of the people who are granted temporary visa for Australia are granted in the absence of any intention to then make an application for permanent residence. The fact of the matter is every student coming to Australia does in fact want or have some broader hope to have an opportunity to make a permanent residence Visa application if they could do so. Following this logic every temporary entrant on a student Visa should denied the Visa because I have this other ancillary intention for permanent residence. Laughable isn’t it!
3. There might be different ways for you to get a Visa for coming to Australia and you need to weigh up whether the path of least resistance is for your partner to be the primary applicant or for you to be the primary applicant. There are multiple considerations here and you should think about this decision as the biggest decision you need to make at the present time.
*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.
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
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1300558472
Hi Sir,
Good day!i got faced refusal from australia today 2nd of September 2022 (visitor visa 600) and now i want to reapply again for australia. Is it possible to reapply for australia.
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 due to not being economically stable here. Also, should I apply alone or for both?
*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 apply for another visitor Visa again.
2. There is a risk that a new application for a visitor Visa will be refused unless the application is of course stronger than the previous application and addresses any issues which have been raised by the decision-maker in the application that has just been refused.
3. There is no waiting period for making a further application for a visitor Visa from outside of Australia and you can do this immediately.
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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
I m Australian citizen and I applied tourist visa for my brother, but got refusal due to ( visa application form and the supporting documents. I find that the information provided
is not sufficient to satisfy me of your genuine temporary stay intention, and you have not demonstrated that you have sufficiently strong commitments in India that would be an incentive for you to return to India.
More specifically, I have considered your economic circumstances and find that your claimed income cannot be considered significant in the context of overall economic/employment conditions and cost of living in India. As such, it cannot be considered a strong incentive to return to India at the end of your proposed stay in Australia.
I note that you have provided further evidence of financial support from your relative in Australia. While I have taken the offer of support into consideration, I have attached less weight to this evidence as this is not in of itself sufficient evidence of a genuine visit. The onus is on you to provide evidence of your circumstances in India that would demonstrate that intention.)
I did show $25000 from Australia and 4 lacs from india. Rest, what ever agent told me, means documents, i provided, still got refusal.
Can we apply again tourist visa? How long after i can apply?
I got rejected same reason sir can you give me your instagram id so we can talk please
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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 Sir,
I got exactly the same case and same comments from the decision maker. My brother is in Nepal but the decision maker mentioned didn’t find the genuine reason to come back India. Instead of Nepal she was mentioning India everytime. Do i have to wait to apply again? He will be here for like 1 month .On my next application can i assure that he will.leave australia and happy to put security bond as well. I will.be happy to know what other things do i have to be alert on next application.
Thank
Hi Sir
This is exactly the same case that happened to me and the comment made by the decision maker is exactly the same as well. My brother is in Nepal but everytime decesion maker was mentioning India. She also mentioned she didnt find the genuine reason to return to india but my brother is in Nepal. Do i have to wait to apply again? He will stay for only 1 month to celebrate the festival and he will return back to Nepal. While reapplying can i assure i am happy to.deposit security bond until he returns back. Can you please what you suggest about it?
Thank you
I have nothing to share as such but it makes me so happy to see people like you helping out needy ones. You are amazing.
Haha I can you buy you 10 cups of coffee 😂
My 461 visa was refused for administrative reasons, would I be able to apply for a Working Holiday Visa (417) offshore or would I be ineligible due to the previous refusal?
Thanks
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. The fact of refusal will not affect any offshore application.
2. Why not appeal the 461 refusal?
3. Are you eligible for the 417 offshore. Eg age?
*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.
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