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
I am permanent resident of Australia. My husband visitor visa got rejected(July). We have been married less than 1 year. Is my husband is eligible for 803 visa? In website I saw that to be eligible visa should not be canceled or refused. But I’m not sure if any visa refused or it means previous 803 refused. Please let me know what are the option?
Hi sir i got my visa extension refusal on july 1st but my course cookery finished on july 3 . I had already applied for AAT review . Agent told me it takes long time and also they said i can apply 485 from offshore is there a risk applying from Offshore .is there any other way i can do if i apply 485 from offshore can i come back to australia as soon as i apply and i am working as a cook in restuarant for 8 month . Please give me some idea for this case
Hello sir
My student visa has been refused few days ago and I want to reapply it.
What are the possibilities I have .
Hi, This is regarding adding a baby born in Australia to TSS 482. Baby born in Nov 2020 while I was on 457 visa. Baby has Birth certificate from VICBDM. My new TSS visa applied in 2021, Baby did not have passport then and was not included in TSS application. Could not apply for Indian passport as VFS offices were closed due to COVID and lockdown. My TSS visa granted in June 2022. Baby got the passport in Mar 2022. I submitted the relevant documents to Immigration to add baby to TSS 482. I was told my immigration that I should apply for TSS 482 subsequent entrant as baby’s name was not present in initiall TSS application. TSS 482 has a condition that if applied from Australia, person should have substantive visa or Bridging A or Bridging B or Bridging C visa. Baby does not have any. Can you please let me know what the options available for getting a visa for the baby?
HinSir. My husband applied for a 400 visa to get to Australia ASAP as the company he is working for wants him there ASAP. Me and the kids were part of the 400 visa application, however we were refused. The agent we are working with suggested that we apply for a visitors visa in a months time, then go over to Australia at the end of November to join y husband and then they will be able to apply for our 494 visas, which means we will be in Australia when they apply for that visa and we will also be able to get a bridging visa. 3 – 4 months is a long time without my husband. Is this the only way? Is there another way o get into Australia quicker? Do I have to wait a month before applying for the visitors visa? If I received a visitors visa earlier, and I went to visit my husband, after 3 months I need to get out of the country, how long do I have to stay out before I can return again?
Hi Nilesh,
If a subclass 600 visa got refused to australia recently will that be a problem when i apply for a 482 visa? Please advice
I applied my student visa sub500 from pakistan on 19 January 2022 in VET stream. After all the biometric and medical procedures i received my interview call on 12 may 2022. They interviewed my employee and me about my job and all the questions were regarding my job duties, salary, timings etc. After that interview the departmental officer found some inconsistencies in statements of employee and me and gave me S57 (Natural Justice) on that behalf of that interview on 14 July 2022 and gave 28 days to respond to it . I gathered all the documents and I applied my student visa sub500 from pakistan on 19 January 2022 in VET stream. After all the biometric and medical procedures i received my interview call on 12 may 2022. They interviewed my employee and me about my job and all the questions were regarding my job duties, salary, timings etc. After that interview the departmental officer found some inconsistencies in statements of employee and me and gave me S57 (Natural Justice) on that behalf of that interview on 14 July 2022 and gave 28 days to respond to it . I gathered all the documents and proof to support my justification and to clear the doubts that were observed by the officer and submitted my justification on 30 July 2022. On 19 August 2022, unfortunately i received my Refusal letter with decision that “TO DATE NO RESPONSE HAVE BEEN RECEIVED” they did not received my justification and on that note they refused my visa application in-spite i had send my justification and had PIC 4020 on my refusal letter. I want to know is there any chances that i can review my visa file as i have provided all documents and was waiting for my visa from past 8 months and as of today i got this result. to support my justification and to clear the doubts that were observed by the officer and submitted my justification on 30 July 2022. On 19 August 2022, unfortunately i received my Refusal letter with decision that “TO DATE NO RESPONSE HAVE BEEN RECEIVED” they did not received my justification and on that note they refused my visa application in-spite i had send my justification and had PIC 4020 on my refusal letter. I want to know is there any chances that i can review my visa file as i have provided all documents and was waiting for my visa from past 8 months and on 19 August 2022 i got this refusal.
It would be very kind of you to guide me how can i get my visa as its been almost 9 months of untiring efforts i gave into this process.