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.
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”.
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
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:
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.
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.
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.
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.
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.
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 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.
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.
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Hi, I am a doctor in Australia and my PR application, subclass 190 has been refused recently due to an administrative error ( I claimed 80 points by mistake where it should be 75 points). I can't apply to AAT for a merit review of this decision as I am off shore ( boarded international flight on day of visa refusal ). I have been working in the same hospital for 3 years and I have got a job offer for next year. Can I apply for work visa, TSS 482 now?
Any suggestion is highly appreciated.
Hi
My temporary resident visa got rejected last week.
I made a mistake on putting the date of course completion in application. The date I put for my course completion and the date of on my completion letter is different. Is it still possible to get my temporary resident Visa?
What might be the next step?
Thank you
Hi Nilesh,
I came straight to Australia in July 2019, with my wife on her student visa. In January 2021, Police issued the interim intervention order(Domestic violence order DVO) and allegedly charged me with assault. Later, assault charge were withdrawn by the Police Prosecutor and DVO revoked by the Magistrate Court in August 2021.
After that I took out my AFP NPC in which I have 'no disclosable court outcomes' recorded.
After all this happened, Now I wish to go for study(Nursing) and get my own student visa.
Please advice me with your valuable views in my above mentioned case.
Hi,
Me and my girlfriend have been together for 3.5 years however I'm currently back in the UK due to covid implications.
I was previously on 2 student visas whilst I was in Australia and would now like to apply for a partner visa.
I have recently realised that I put my relationship status as never married rather than de facto when doing my student visas as at the time I thought it was for engaged people and only counted if you had already been dating/living together for over 12 months. Will they compare the de facto visa application against my previous student visa applications and if so would they refuse the de facto visa due to this or is there a way around it?
Many thanks,
I need help …. I Want my Daughter to get here in Australia. She’s the only one leave Behind. Please anyone can read my messages really appreciate for all advice , Thank you
Hi there,
This is Elizabeth from Brisbane Queensland… I am over Stressed of what the best visa to apply for my Daughter, She in Philippines atm.
As been Refusal last 2016 for child visa, For the Reason of Study gap.and we do review in AAT Brisbane,still the same outcome refused… after two years I’ll try again another visa , which is Tourist Visa, still refused. Im over stressed thinking what I gonna do. She’s now 25 years old, and she Finish her Degree in University.. I really want her to come over to Australia, she’s the only one leave Behind… I’m very much worry about her as a Mother, to much stressed I’d suffered everyday thinking of my Daughter… Hope. there is way what is the best we can do, … Wish to hear some advice , what we gonna do. This is my email.(clairedacop@gmail.com).. Thank you
Best regards,
Elizabeth D. Taylor
Hi I was on a 482 visa and have find a new sponsor to nominat me the nomination of the new company have been refused and my visa was canceled as they say I have overstay my visa I have appealed my canselation at the AAT and wait for the outcome I am currently on a Bridging visa E and on my cancelation notas I received from migration it stats I have no exclusion and can applied for a visa again can you please advice what it means please as I have a company that are willing to sponsor me now
My protection visa got rejected after a review at AAT and I have appealed to the federal circuit court and it in the process. My question is while I am waiting can I apply for another visa for example skilled working visa or even if I leave on BVB and come back and apply for skilled visa.
Hi Nilesh. Our Protection Visa refused, Tribunal refused , Ministerial Intervention refused, Federal Court refused. On Bridging Visa E on departure grounds. Youngest child Australia citizen. Is there any other visa we can apply?
Hi, just asking the question if can help my problem, my son child 101 denied due to 6 monthd gap in school the case offecer did not consider his short course... since he going to university started 2018 for a bachelor degree can we apply child migration sub class 101 again?