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, I am dependent with my wife to be student and lodged 500 subclass visa. We provided all the needful additional documents but I doubt about the loan disbursement we did as per our tuition fees but we didn’t know we had to do with living costs and travel expenses. Is it gonna be refused decision are not yet done and if refused can we reapply?
Hi Prashant
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.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. It is not too late now to provide the additional supporting materials in relation to financial resources. I would provide that information of the list opportunity in respect of the current application before it it is refused.
2. If you’ve really made a mess of the first application you should seriously give thought to withdrawing the first application before it is refused and lodging a fresh application with better quality information.
3. If you do suffer a Visa refusal decision then there is of course the opportunity for you to reapply again with additional information addressing the concerns raised in the refusal letter however it will be much harder to do this after you have a history of the prior visa Refusal.
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Hi sir,
Me and my husband is an Australian citizen. He have applied tourist visa for my brother and sister in law for a short visit to us here in Australia. They are newly married couples. My brother run his own business back in India and my sister in law also helps him with that.
Their tourist visa got refused today stating that they don’t meet the economic criteria and immi have a doubt they won’t go back.
Unfortunately We haven’t kept any papers from their business for the previous application. Now we are in a dilemma.
1. Should I reapply for the same tourist visa for them straight away with their employment paper and sufficient bank balance. If so, how much it should be ?
Or
2. Should I apply for a merits review to AAT witb these documents. If so is there a cost associated with it?
Thanks in advance sir
Hi
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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. I think you should re-apply and not waste your money on the tribunal application fee which is more than $3000. Additionally you should note that there is a considerable stress associated with the appeal in terms of waiting and potentially also legal fees payable to lawyers like me.
2. You can apply straight away with additional support and materials but be careful that the new materials are not inconsistent with the materials previously provided. Of course your intention is to make sure that IMMIGRATION has no doubt that your family will comply with the terms of any Visa granted to them and they will return to India after their proposed visit has come to an end and they will not overstay.
3. As you have already received everything is all you can expect that the process and Thomas might be a little bit longer on this next occasion. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
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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X10
Hi,
I got my BVB refused because I left Australia on my BVA before I got the answer for my BVB. Can I apply for a student visa while I’m outside Australia ?
Hello Nilesh Nandan
I applied for a working holiday visa and planned to work as a nurse in Melbourne, my visa got rejected as I didn’t file my health declaration on time can I reapply for the same type of visa or a different visa if possible ?
The visa was rejected in March 2022
Hi Ruth
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’s nothing stopping you from making a fresh application. Provided you are overseas.
2. Check to see that you meet all of the other criteria for the grant of the Visa including age in particular. I note that you have told me that your application was rejected in March 2022.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
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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*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you very much for your response
Would I am overseas and plan to work as a nurse over in Australia
Would you recommend reapplying for the working holiday visa or a different visa type
Ruth
I see no issues in applying for the same Visa again subject to my earlier comments.
The subclass 417 Visa is great for you can get it. If you wish to speak to me about other Visa options after arrival don’t hesitate to contact me.
Use this link to book your consultation with me: https://myvisa.com.au/consultation/
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hello sir
How long do I have to wait before re applying for a working holiday visa as my first time applying it got rejected as I was planning to work as a nurse over there, or would you recommend another visa for an Irish nurse seeking to move to Australia
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. Reapply now.
2. Make sure that there is no inconsistent information but only additional information addressing the issues raised in the Refusal position record.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
I am an Indian citizen, married an Australian citizen in January 2022 . Second marriage for both of us. I applied for partner visa which is under process. I applied for visit visa 3 times and got refused. Reason- unemployed, no strong ties to India. My spouse is a nurse, has shoulder injury, needs my help. I am a dentist, was working in Oman, resigned just before the marriage . Her younger son is autistic. Our marriage was delayed by 1 and half year due to Covid border shutdown. Should i appeal, the cost and time taken to process?
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.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. Three consecutive refusals makes life very difficult for anyone making a fourth application. Of course you can’t turn back the clock and you were stuck with these 3 refusals.
2. I am astonished that you do not get proper advice earlier as my advice would certainly have been to change the Kama and to watch a different sort of application, particularly the family sponsored stream of the visitor Visa.
3. I do not see any benefit emoji fresh application for another visitor Visa now are you must’ve pocket application for a family sponsored stream followed by an appeal against any negative decision, if one is received.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello sir
How long do I have to wait before re applying for a tourist visa as my fiance got refused due to unemployed, but regarding the reason he is now employed and we can attach documents that he is now employed and has a reason to go back to his country.
Hello,
have a good day!
My tourist visa rejected yesterday Sept 12,2022.can I re-apply again for same tourist visa. I have my fiance as a sponsor, some say better to apply family stream sponsor visa at the beginning, can I re-apply of visa after the refusal?
Thank you giving time to answer my concern.
Hi Yvonie
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. Yes you can reapply again for the same tourist Visa.
2. The tourist stream is the correct stream. You are not get married and the family Sponsor stream is not appropriate.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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Hi sir
In May 2021 I got student visa refusal for Australia that time i am apply for undergraduation course and now I want to reapply for Australia study visa for postgraduate courses . I passed my +2in 2019 from haryana board and recently I have done my BSC from Himachal board
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 absolutely nothing stopping you from making a fresh application again at this time.
2. Be very careful not to put any information in this new application which is at all inconsistent with what you put in your previous application.
3. Since you were refused your previous student Visa for Australia make sure that if you were refused a student Visa for any other country, that such information is fully disclosed in your next application. Consequences for not disclosing this are very severe.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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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I am an Indian citizen, married an Australian citizen in January 2022 in India . Second marriage for both of us. I was working in Oman as a dentist. Resigned just before travel to India for the wedding. Wife is a nurse in Oz. . I applied for partner visa which is under process. I applied for visit visa 3 times and got refused. Tourist stream 600. Reason same- unemployed, no strong financial and other ties to India. My father and daughter from first marriage in india. Nre, no income tax slips, but enough FD proof provided. This is a temporary unemployment. I could easily join another job in Oman in a few days. I won’t be able to travel to oz if i start working again, lack of leave. My spouse has shoulder injury, needs my help . Her younger son is autistic. Our marriage was delayed by 1 and half year due to Covid border shutdown. Should i appeal, the cost and time taken to process? Was tourist stream wrong? Family joining stream better? We had registered our relationship in Australia last year October.
Hi
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. If you have already married (or as in your case registered your defacto relationship) then I think the most appropriate Visa is the family sponsored Visa rather than the tourist Visa.
2. I would apply again as the time and cost associated with a feeling are prohibitive in most circumstances.
3. Thought should be given to how you could ensure that no unnecessary delay in counted in terms of the offshore partner Visa processing. This could be devastating for you both.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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Hlo sir I applied Australia study visa. I got refusal today. They refused my visa due to insufficient funds. I showed 28 lakh funds. I applied spouse visa. Please suggest me can I reapply again if I clear everything.
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. Yes you can re-apply straight away.
2. Make sure that the financial statements are not inconsistent with each other. Immigration will check the financial statements provided in relation to your new application against the financial statements provided with the previous application and if there is a discrepancy, it should be explained.
3. The great correct name for what you are applying for is a “student dependent Visa”. I prefer not to use the word “spouse Visa” in these circumstances as “spouse Visa” relates to Visa applications where one spouse is an Australian citizen or permanent resident or eligible New Zealand citizen sponsoring the other spouse for a permanent residence Visa.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan