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
Hello Nilesh, can we apply for Skill Nomination Visa (subclass 190) if our Protection Visa is being refused .
Hello sir
My sister’s visa got refused after 2 months of visa launch.
The reason they stated for the refusal is that she don’t have biometric .
What happened is that when she launched her visa she got HAP ID for e medical and for biometric system couldn’t fetch up.when enquired to immigration office she was told they ll call her to add if it is required but then after 2 months she receive the visa refusal notification. Which we feel it is system error .
For this case is it good to reapply and relaunch the visa or to appeal ?
Your suggestion will help me .
Thank you .
Hi Sir,
I applied Tourist Visa (subclass 600) for my mother which has been rejected on the grounds that “she does not have any strong economic/family commitments which would be an incentive for her to go back”. I am an Australian Citizen and my mother has been to Australia twice before and has always complied with all the visa conditions.
Could you please advice if I should file an appeal with AAT or can if I can reapply for visa again.
Many thanks for your help with this.
Hi Sir, i recently applied visitor visa for me and my daughter I got my visa but my 1 year daughters’s visa got rejected . now i can’t. travel with her since she is still small kid without mother together it will be tough for her. Could you tell me what i should do ? can i re-apply the visa ? what is the time period i have to wait for reapply after refusal .
Many thanks for your advise in advance !
Hi, I had my Remaining Relative (subclass 115) visa refused on 16/8/22. Application lodged in January 2020. The reason for refusal was, criteria not met. In our application it was stated for my son who is over 18 yrs, that he will apply separately & had done so. Currently he lives, work & resides in Sydney since 19/12/21.under subclass 482 visa & will be transitioned into subclass 186 by his employer prior to expiry.
I think this satisfies the criteria “usually resident in Australia” . When he went to Australia this information was not updated by us in the application.
The notification letter that we received says that my sponsor is entitled to apply to AAT.
Can we appeal providing the evidence that can satisfy the requirement of my son is “usually resident in Australia”
Hi Sir
My brother recently applied for working holiday visa and he got the refusal. Later, I turned out that it was he who filled in the wrong option so refusal. What should we do in a situation like this? Is he possible to reapply?Thanks
Have a nice day
Tobey
Does my tourist visa refusal few years back affect my current visa application?
Am trying to apply as a dependent