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 Nilesh Nandan, thank you for your explanation.
In my case, my mum’s visitor visa was refused, because she left Australia without informing the Immigration department.
This was my fault due to the stress of my father’s in law death in Tasmania and a combination of my overseas wedding, unfortunately, I forgot to update the immi account.
She went back to Brazil and she will be there, I am worried if in the future I can apply for a new visitor visa. Should I make an appeal just to justify my mistake?
Thanks kindly
I am looking forward to your comment.
Leticia
I’m responding using your mobile device and cannot see the earlier thread of your message. 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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
Hi, my business visitor visa application for Au was refused due to wrong class. will i be able to reapply? I was supposed to go to au for work for a branch of my current employer to assist them. It was stated in the letter. It was stated in the refusal that the class was wrong
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. Nothing stops you from making a further application. I assume you are overseas.
2. Because you now have a Visa refusal, it may be that a second application could be rejected too.
3. Take care to disclose the fact of the earlier refusal and address the issue raised in the refusal letter. 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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*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.
Hi, my business visitor visa application for Au was refused due to wrong class. will i be able to reapply?
My e visa was refused
I’m British citizen
They never same for my job or anything about me just my passport
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 can’t see why you cannot simply reply.
2. Take care to deal with all the issues raised in the refusal letter.
3. Be sure to disclose the fact of the prior REFUSAL and any other REFUSAL you may have had for any other country.
*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 Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
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
My husband’s visa got refused on 12th January 2023 because he did not satisfy the provisions of the Migration Regulations 1994.
When shall he reapply?
Hi, my name is Leonardo and I’m on the sponsor visa 457 and now I’m going to applying for my PR, but the company I’m working, maybe not going to be approved by immigration to nominate me. Because financial problems. The company wasn’t paying me what’s was on the contract and I believe others financial issues. My question is? if my PR is refused, what’s can I do ? Can I appeal? Because my situation is ok. The problem is my employees.
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. Not the first person to be significantly prejudiced by the acts and circumstances of your employer. Unfortunately you won’t last as this is a very very unfair regulation.
2. You might be eligible for a specific exemption which came to play after 1 July 2022. Whoever you should get a midget advice as the regulation is not well understood.
3. Time is not on your side and you need to take positive action quickly.
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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*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.
Hi there, I’m Sami. My friend tourist visa (600) is being refused on the ground of other circumstances clause 600.211 schedule 2. as she did not produce payslip but monthly salary was bank by employer. In the bank statement system generated random transaction details were given rather employer trading name. On top, I sent her invitation letter with all taken responsibilities including air fare (if needed) during her stay. I’m a NZ citizen live and work in Sydney. I got my own property here. I have included all evidence my income, council rate, bank statements etc to support her visa. It seems they have not taken my support in account while making decision. They made decision purely based on her employment and not have enough strong commitments to return back. My friend is from Bangladesh and she filed online application to nearest branch New Delhi. Her refusal came with No Review merits. Is there any way we can object further rights of review as she is devastated as they question about her employment dignity ?
Would like to hear from you.
Thanks and Regards.
Hi sir, my visitor visa was rejected on July the reason was my spouse visa was on bridging A so that’s y it was rejected and now his visa was inactive status now I had applied for dependent visa is there any visa rejection chances.
Hi,
My wife’s visit visa got refused by Australian Govt recently, can she now apply for student visa to Australia?