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
Hello sir,
I am refused from australia clause 500.212
Student visa in may 16 2022, in bachelor of IT from cq university . Now I am studying bachelor of business and management in Uk Leicester Global Study centre ( Leicester university ). My 1st year would be completed in April after that i have 5 months holiday . Is there any chance of getting australia tourist visa in this condition.
Hi, dear, I’m Mingfang, a Chinese citizen,29 years old. I have been in Bali, Indonesia since February, 2022. My boyfriend stays in India. His company ANZ will send him to Melbourne, Australia for a business trip from February to April,7,2023. After that he will go back to India. I always wanted to travel to Australia. So I’m thinking about traveling to Australia for one month and then back to Bali, Indonesia. I have savings which can cover one month but I’m a freelancer. Do you think if I will get tourist visa successfully? Thank you very much.
Best wishes,
Mingfang
Hi, my name is bheng. I apply tourist visa then i apply for protection visa. I received bridging A then after more than 2yrs i widraw my application for protection visa, the i got a partner and he put me under his visa 482, but when we applied for permanent residency one of my child got refused on medical since then our relationship broke down, he removed me to his visa, i widraw my application. Then i go back to my country. My question is, can i still apply for tourist visa again or other type of visa?
Hello, I’ve have a question regarding my rejection of TR visa as i didnt apply for police verification when I was in overseas and my bridging B Visa is also expired 15 days back as I applied AAT in Time. What all options I have to come back to Australia to collect all my laguage, original certificates, Gold chain which are safely placed in my locker with my fingerprint so how do I get a chance to collect my things and apply for new visa
Hello sir,
I got visa refusal on tourist visa ,I am to upset with this situation,my mother and me want to meet my sister but I can’t go bcz of refusal.can u help me through this it will be grateful if u help me.
Hi,
My student visa was cancelled 20 years ago for breach of visa condition (below 80% attendance). Can I apply for temporary skill shortage visa or permanant residency visa now? I have an employment offer and the company is willing to sponsor my visa. If yes what are my chances of getting approved if every other conditions are satisfied? Thanks in advance.
Hello sir , my student visa for Australia was rejected in october. I applied for bachelors in Australia . I secured overall 7 bands and my school grades were very good as well . What can i do now ?