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 Australian Study Visa(without any study gap – 12th pass-out) and got refusal after 3 days of medical coz of missing docs in my profile. Is there any chances if I full-fill missing requirements and reapply the visa within 24 hours?
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 immediately.
2. Be careful to cover all criteria not just the medical issue that was raised on this occasion as like a good reviews the application again but for a different reason to the reason for refusal in your first application.
3. Always make sure that document in your second application I consistent with documents provided support your first application.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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My student visa was rejected due to no strong reason of returning
Is there away to be accepted in next try? Is it okay to reapply immediately after refusal?
I studied in Australia in 2018 and 2019 as a student. Now 3 years later I want to go as a visitor. But my visa was rejected based on low funds but in addition to my own funds my aunt is also providing enough money to help to this trip. They say I didnt show enough reasons to be a genuine tourist. I am a english teacher here in Brazil. What can I do?
Dear Sir,
I have apply for RRV (resident return visa) in March 2020 but it was refused by immigration department with comment “the applicant did not satisfy the provisions of the Migration Regulations 1994 The Department cannot consider your visa application any further. However, you are entitled to apply to the Administrative Appeals Tribunal (AAT) for a merits review of this decision. An application for merits review of this decision must be given to the AAT within 21 calendar days after the day on which you are taken to have received this letter, You may only seek merits review of this decision with the AAT if you were **PHYSICALLY** present in Australia at the time this decision ”
Since I was not present and after 1 week Australian border was closed due to COVID and now I am seeking how can I appeal in AAT as I m still not present. Please advise how you can assist in my case.
Hello Sir, My visa application for a Student (Temporary) (class TU) Student (subclass 500) visa was refused on August 31, 2022. The GTE statement that I didn’t meet the requirements and the Migration Act and the Migration Regulations are not satisfied is the reason given for the refusal. Therefore, should I submit a new visa application right away or must I wait for the cooling off period? Although I have a bachelor’s degree, I chose to pursue a diploma in hospitality management instead. I even mentioned this in my SOP; was my visa refused as a result of this?
Hi sir, my student visa sub 500 got refused recently. Is it possible to reapply right away after getting the refusal notice or should i have to wait some more years
Hello Nilesh,
My brother’s family, along with his wife and two children, recently applied for a tourist visa subclass 600, but their visa was denied because the officer was not satisfied with their financial and strong commitments, genuine temporary stay intention. However, me as an Australian permanent resident, my brother’s decision records have the right to apply for a merits review of this decision to the Administrative Appeals Tribunal (AAT).
Since, my brother’s business financial documents were based on 2021 financial year when we applied. Now Recently his 2022 business financial documents were completed with 25% increase in business.
As, my brother has no desire to remain in Australia. Could you please suggest me whether my brother should reapply for a tourist visa again, or he should apply for AAT?
I would be grateful if you could please recommend me.
Bishnu