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 Nilesh,
My partner got invited to apply for 189 visa this week,
but when we started the application on page 7, we got an issue message for my self is the following: “The applicant ‘ My name’ is not eligible to be included as a family member due to one of the following issues:
– They have a previous visa cancellation
-They don’t hold an appropriate visa
-They have a condition in the current visa
-Their location can’t be confirmed
The application will not be able to continue until the family member that is not eligible is removed from the application. The applicant should review the eligibility information on our website. ”
We “including my partner” are currently in Australia on Bridging visa A for 485 visa.
Please note, that I had a refusal visa for 485 visas in 2019, because I applied after the 6 months period. But, then I applied for a student visa to continue my master’s degree which has been successfully granted and expired in March 2022.
Is this issue can be fixed?
Hello Nilesh,
I and my wife applied for visitor visa subclass 600 for World Cup and got refusal on 26th Aug 2022 with reason economical conditions.
I want to re-apply for the same. Can you confirm the success rate of getting visitor visa if in case i re-apply for me only or with family again.
What do you suggest on above that i should apply for me only or can re-apply with my family?
Regards,
Gourav Batra
Hi there i went to australia on 2018 jan while holding visit visa after that i applied bridging to stay and permanently exited from australia so can i apply visit visa again
Hi sir, I wonder if you could help, give advice on my partners and I circumstance. Her visa was refused due to not showing she has any economic reason to return to Bali, as she is unemployed there and currently on a holiday visa there in Bali. The details are
Applied: 04/07/2022
Notification of refusal: 26/08/2022
Visa: tourist 600
Length: 3 months, single entry
I am Australian citizen and my partner is Russian living in Bali; Indonesia. She currently is unemployed and I’m am fully employed with a major airline in Australia as a pilot.
We supplied all documents
-her passport
-birth certificate
-photo
-previous travel history visa in her passport
-current visa in Bali
-ownership of house in Russia
-my letter of invitation
-planned tourist activities letter
-my passport
-proof of my residential address (utility bill and tenancy agreement)
-4 months pay slips
Can you provide any advice on what best to do next who in this situation with regards next application and how to make it better to be successful. Should we register the relationship and do a sponsored visa (is that possible?), or any other visa considering this end considering she is unemployed and I stated I would be supporting her while she is her financially (living with me, paying for her and she also stated she does have funds as well).
Thank you
Hi siir in 2017 i habe travelled to australia while holding tourist visa so i have applied bridging visa after applying bridging visa within 7 months i have travelled 2 times to india while having bridging b later again in 2018 i have travelled india again but in 2021 due to health worst conditions have exited from australia without informing immigration and left to india so can i apply tourist visa again or after marriage with dependent of wife i can travel to australia ?
Hi sir,
My partner visa was refused on grounds of insufficient evidence of the relationship. We are engaged to be married, and about to lodge our NOIM before getting this news.
Am I still able to apply for something like a working holiday or student visa despite my rejection? This way we would have time to get married and try again for a partner visa in the future?
Or are we better off trying to appeal our case? If the appeal fails, how soon after rejection can you apply for another partner visa?
Kindest regards,
Zoe
sir,
I recently faced refusal from australia on 24 august 2022 (visa subclass 600 visitor) and I declare to travel from 15 July to 29 July 2022, ,now the date alrdy expired. they not satisfied that I meets the relevant criteria in clause 600.21. can I reapply again . Is it possible to reapply for australia.