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, have you seen cases where the tourist visa was rejected first time (due to officer not seeing enough ties back to India for the applicant) but got approved the second time? We have provided enough documentation and reasons for return for my brother’s application this time but I am worried that since it got rejected first time, it might create an hindrance the second time.
Hi! I have been applying for my mother’s Tourist visa. But we missed the Biometric application at the time requested. In the Immi platform do not appear it has been refused. We applied on the 06 of September and we needed to provide this information within 14 days which already passed. What can I do? Could I continue to apply the biometrics? Or do I have to wait for the refusal?
Hi my visitors visa 600 family sponsored was rejected, reason sponsor was not Australia citizens. He was NZ citizens and is TR in Australia. Can I reapply for my visitors visa without sponsor. And in how many days
Sir, Recently, I got refusal from Australia on student visa.(Subclass 500 TU).
The reason was Migration Act 1994 , Clause 500.212 Schedule 2. I also acknowledge that the applicant has family ties to their home country and place some
weight on that in favour of the applicant. However, I have concerns that these ties may
not be a strong enough incentive for the applicant to depart Australia upon completion
of their studies. I give more weight to consideration of the applicant’s potential economic
circumstances in their home country compared to Australia and the value of the course to the
applicant’s future.
While I accept that obtaining qualifications from an Australian educational institution may
positively influence employment and remuneration prospects in an applicant’s home country,
I am not satisfied that the applicant demonstrated how they would achieve this against the
background of prevailing economic circumstances in their home country. The applicant
implied a career pathway intention in their home country and how this would be an incentive
for them to return, but did not provide any convincing evidence to support this. I have
considered the applicant’s likely earning capacity in Australia and in their home country.
Based on the information before me, I am not satisfied the financial incentives to return home
outweigh the financial incentives to remain in Australia. I therefore place little weight on the
applicant’s implied intention.
Can I Re-apply for Australia Student visa after Justifying this reason because, i reckon that I’m being misunderstood by embassy, I’m a geniune Student, please Help me .
Hello sir
My visit visa (subclass600) refused in sep 2019, I applied it along with my mother and my brother sponsor us. Australia Home and affairs denied my visa, but, my mother got it. I want to apply study visa now, I complete my btech mech recently, i have no gap also have desired score in PTE overall 65 and not less than 65 and 70% aggrigate in my engineering i also have one more issue i completed my 11th in second time. So, tell me am I eligible for applying and how much chances i have to get the visa.
Hi sir. My husband lodged my visa from Australia I was studying in university in Pakistan at that time.
First he lodged visit visa which was refused and then student dependent visa after one year which also got refused.
After that we came to know by somebody that my husband was no illegible for applying visit visa for me which our agent didn’t tell us.
Now for the third time we are trying I have completed my graduation. Kindly guide which visa or what should we do so our visa gets approved. Kindly help.
Hi sir, 2 weeks ago my causin student visa refusal from India. His course cookery diploma. So please let me know i can agin apply in same course or degree. Thanks