Visa After Refusal: What to Do Next
If 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 Affairs denies 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 from visa cancellation. If you’ve been granted a visa 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 your visa is “canceled”.
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
My partner Applied for 482 medium term temporary skill shortage visa in Janurary 2022 ( I went as his partner on it) and we have just been notified that it has been refused and we have 28 days to respond or withdraw application. We are currently in Australia on Bridging visa. I tried to apply for my 2nd WHV however it will not allow me. What can I do? Or why won’t it allow me?
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. I think what you meant to say is that the nomination application has been refused and they have given you an opportunity to withdraw the application for the 482 Visa which also must be refused to now given that the nomination has failed?
2. if I have misunderstood you and before 82 Visa it self has been refused then you will be subject to the provision known as section 48 of the migration act. This provision Astrix what other visas you are able to make a valid application for whilst you are still inside Australia.
3. If your application has not been refused and be also aware that the provisions of schedule three of the migration act which require you to make most substantive Visa applications within 28 days of the expiry of a substantive Visa, will ordinarily apply to you. The effect would be that unless you’re able to overcome schedule three with a waiver submission, If indeed one is available for the Visa you next wish to apply for, your next application will be refused.
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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Do the applicant need to resubmit biometrics for 2nd time re-application, if first time application has been rejected? The biometrics have been given recently. It is for visitor visa.
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. The scrutiny of biometrics is related to one’s identity. I can see good reason why the departmental decision-maker would request fresh biometrics to be undertaken in respect of any new application.
2. You will know soon enough whether or not they require a fresh biometric test. The repeat request could possibly be challenged at the time of any such request.
3. I understand that getting re-tested in terms of biometrics can be a great financial imposition, especially if one needs to travel a great distance to have this testing completed, but be careful of raising the issue of financial hardship as it may compromise your claims to be a genuine temporary entrant and one who has financial capacity to visit Australia…and then question sufficient incentive to exit prior to the expiry of any visa granted.
*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
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
How can I reapply for student VISA
Hi Rigzin
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. There is no waiting period you can apply again straight away.
2. Be sure to make sure that no supporting material in this new application is inconsistent with the supporting material provided earlier all of course send as much additional information as you can to address the concerns raised in the prior student Visa refusal.
3. Make sure to make the express reference to the earlier Refusal and to not proceed on the basis that the earlier refusal did not exist. They will know and it will be very bad for your credibility if you omit to declare it – as unfortunately many many stupid Visa applicants for Australia tend to do.
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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 Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia – couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
Hi Akash
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. Some Australian decisionmaker simply don’t get how important the matches are in Australia this summer particularly the India Pakistan match. This is very frustrating not just for your family but for other Abbott cricket lovers around the world. Australia needs to wake up to the fact that people want to come here to visit only and to return after their visit and the very good reason for their visit is to watch is excellent matches on Australian pitches.
2. It appears you have done the correct application. Unfortunately your only recourse at the present time is to redo the applications admittedly with additional fees but on this next occasion to ensure that you address the very crucial issue and that is that you have no intention to not comply with the temporary nature of the visitor Visa. Unfortunately there is a large cohort of travellers to Australia who use the World Cup and similar events to secure a Visa and then over stay without having any intention of returning from the very beginning.
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.
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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 Mr. Nilesh,
Let me first appreciate that your answers to all above queries are handled promptly and to the point.
I have a similar query w.r.t to tourist travel visa that is rejected due to Sub class 600.211 stating that weak employement / finances
1.officer finds not demonstrated sufficient strong employment, economic, family commitments in home country.
2. Not strong financial or other ties in home country
3. Not satisfied that the intend of stay is temporarily in Australia – couldnt umderstand this
We 4 (includes self, spouse & my 2 brother in laws) are IT/Banking professionals; planned travel to watch World cup in perth amd return after visiting gold coast and sydney.
We applied in family / group category, and now we want to re apply and need your advise whether we should apply in Family group visa only or seperate individual visas
Your quick revert will help us to visit australia
This appears to have been a duplicate question on this website and has been already answered.
Hello Sir,
I am from India. 2 of my friends and myself have planned for the t20 Worldcup in Australia, set to begin in october.
We have our Match tickets booked, Flights with return booked, Hotel acomodation booked as well.
We had submitted all these proofs and yet our visa has been rejected. We are working in Chennai, India in reputed firms.
Please advise
Hi Ashwath
I have already answered similar questions from many cricket fans in this thread. Please review and if you have any unique question then please take post it here provided it is unique.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Hi Nilesh,
I hope you’re doing well.
My husband applied for visitor visa from India to join me on my graduation ceremony in December and it got refused after a week of filing visa.
The reason is, immigration department thinks he does not have a strong reason to go back to India.
What should I do? I really want him here with me on my graduation.
Hi Mahak
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. I do understand your kindness to have your father attend your graduation ceremony. Equally IMMIGRATION must be sure that your father intense to return after the short visit.
2. As you have a refusal then it is clear that a conclusion has been drawn that your father will overstay or at the risk that he might overstay is at such a level that it is unacceptable for the decision maker.
3. There is nothing stopping you from making a further application with further supporting material. The material should provide new and well argued points as to why it is unrealistic for the conclusion that he will overstay to be made on this new Visa application. You should read carefully the letter sent to you as it will give you clues as to what concerns the delegate has. Be also very careful to make sure that no new information is inconsistent with information previously provided and of course be sure to acknowledge the prior Refusal rather than sweep it under the table as IMMIGRATION will definitely know that you have been previously refused a Visa for him.
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
If you can’t afford to buy me a coffee, you can still help me and others on this channel by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
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