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 sir
My first nomination was refused but the second nomination was approved. The lawyer said it’s gonna link to my application but does not so my visa was refused. Now my case is with AAT since Jan 2019. I’m thinking about apply another visa which is 491. If’s that possible? Please advice
Regards
Pat
Hi
I came in to australia as a student and i was lodge protection visa that was refuse ,then i was go through MRT, federal court ,high court ,and finally minster international appeals all are refused ,then i was come back to home country..so if any chance come back again in australia , as a spouse visa , student visa or even any other visa?
Any law bars apply to me to if i apply again to australia ?
If i can apply again what type of process i have to follow ?
Hoping you can help advise.
My mother was refused a Tourist Visa extension/application while here in Australia. (She was a tourist for 11 mos. and we tried to apply for another 12 months). Because the tourist visa was refused. She left before the current visa expiry and remained lawful. That was 4 years ago.
Can I still apply for a Parent 103 visa for her? Or a partner visa via my father here?
Thanks so much
Hi, are you able to find out if my partner has a travel ban? He was refused entry (back in to Aus. long story but not his fault. (Told he was being sponsored but wasn’t,Genuinely)
He wasn’t told he was banned but we want to check.
He can get a permanent work sponsor for Aus from his NZ current employer (large Rail construction company) but we are scared to travel there.
I hold Aus PR
Thanks
hi, My student’s dependent visa got cancelled 2 year back because i worked more than 40 hours. now my partner about to get PR in Nursing in Australia. can i apply for Australian visa again and what’s the chance if getting my visa as my partner is already in Australia about to apply for her PR.
in 2019 i applied first for tourist visa just myself after my high school with help of family members and no experts so they refused my visa for various reason major ones are being that I’m unemployed and GTE and after few months I have applied for student visa after getting my CoE, they again refused u due to GTE concerns so my agent told me you have to prove them you are a genuine student like you are serious about your studies so I’ve enrolled in Swinburne University (branch campus in Sarawak) its been almost two years I’ve completed my foundation course and 2 years of my civil engineering course I would like to know given how much my circumstances have changed will I be granted a student visa when I’m applying in the year 2022?
Hi Nilesh,
After Finishing 485 visa, I have applied for student visa again, got rejected and Im on now federal appeal after AAT hearing rejected. I m planning to move to regional for 491 regional visa. Is student visa rejection going to effect on my 491 visa application ? M i eligible for 491 visa after previous visa rejection?