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 Nilesh sir,
My name is phub thinley.
Can we apply for spouse visa once we got reject in student visa?
Hi Nilesh
Can you apply for another type of visa (eg, Sponsorship through Work) while your initial visa application (Protection) has been refused and is on appeal? The refusal letter/email was received 11th Dec 2022. We have 28 days to appeal. My current employer is willing to Sponsor me. Appreciate your reply. Thank you.
Hello.
I was on a student visa on 2018 Nd my coe was cancelled due to insufficient funds .this was happened due to my family tragedy back in my hometown.i put AAT on the circumstances but refused some time later.i decided to withdraw application and return back home in 2020.my wife was also in australia at that time but we went both together ..and now my wife want to reapply her student visa and put my status as spouse. Can you please guide us what are the chances of getting of visa .
Hi,
I applied for my parents and brother’s visitor visa (Visa subclass 600). My parents visa’s got granted but my brother’s visa got refused. Can I apply again for my brother’s visitor visa?
Thanks
Hello, recently i have receive 189 invite and currently i am in 482 visa. I accidentlt claimed 5 points now before applying for 189 can i arrange supporting documents to proof the 5 points?? Also if my 189 visa refused what will happen to my 482 visa and will I be able to reapply 189 again after a refusal?
Hi Nilesh, I am in student visa currently and my husband applied subsequent entrant visa which got rejected recently stating clause 500.312 in schedule 2 of the migration regulations is not satisfied(intention to return back to home country). Do you think we can reapply immediately? Is there anything I can do? Worst case I am thinking of quitting my studies and going back.
Hello,
I applied for an immigrant visa last 2017 but it was refused because my son has autism and they said we didnt meet the critera and would bear substantial cost there. Is it possible to make an appeal bases on that? Im already 49 yo, and my son in his 20’s but he is graduating in his engineering course already.
Seeking for a response, thank you.
Hi Georgia
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 are very strict time periods in which an appeal can be made, even if an appeal right is available. Sometimes an appeal right is not available for example, when an independent offshore applications made, usually, there is no right of appeal.
2. If there is no appeal right, then your left with either applying for a Visa yourself, or for applying for a Visa in your son’s own right. Of course there are significant hurdles in your case because you are over 45 years old and your sons case as his autism is likely to be present and problematic, even though a degree has been completed.
3. I’m curious as to why you have lost that for such a long time since the last refusal to make further inquiries. It would be useful to put the entirety of your circumstances into context when speaking to your next legal representative. 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/
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