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
My partner visa refused, and just wondering if I can apply for visitors visa or anyway I can travel overseas after I get into AAT. Currently I have bridging E non Travel.
Hi Nilesh,I am Agnes from the Philippines.I want to tell you my situation.I came here as a student last May 2019 whilst we were on a student visa a friend of a friend introduced us to his friend.We were new in this country on that time and we do not have any idea about this .This man or recruiter told us to apply for a protection visa as this visa can help us in our situation.He told us all the pros of this visa and all of us were totally have no idea about this such as we do not need to study,no need to pay our tuition fees and we will have a full working rights.We easily trust this man without any hesitations to cut the story short, we applied for the protection visa last June 2019 paid him $1,500 each.At first,we were so happy however,as the time goes by we found out this visa will lead us into trouble because this is not the right visa to get for us.We are stressed about this and we regrets about this as we don’t know the cons of this visa before.We feel very stupid about trusting someone easily and applied this.To be honest,If we just knew it before we will not apply for this protection visa.I withdrawn this visa and I really want to go back as a student here.I am on a Bridging Visa E now.I would like to ask,if there is any way to bring us back to student visa?Hope to hear your reply with regards to this matter Sir.
Hi,If I get student visa refusal by Pic 4020, can I apply for partner visa after that? Or wich visa options do I have un this case. Thanks
Hi, my husband was working in New Zealand with a open work visa. But unfortunately he couldn’t return and now the open work visa is expired. Is there any other way to renew the visa and even his employer is willing to help him out to get him there since his position is vacant.
Please advice me on this and what is the best possible solution.
Respected Sir,
I need an information. In visa conditions of Subclass 476 visa, it is written that you will not be ellegible for this visa if your visa had been cancelled or previous application refused. My question is that:”If spouse visa of USA of a person gets cancelled with stamp “Cancelled without prejudice”. Is he ellegible for subclass 476 visa or not?
Hi sir! I just had my 186 DE visa( chef) refused today on the basis that I did not meet the work experience requirement of 3yrs. I came here Aug 2016 on 402 visa for 1 year then got a 457(cook) visa on Jan 2018 for 2 years. Since 2018 i was promoted to sous chef position so I have been working as a chef since then. I provided promotion letter, CV & payslips as a proof that I am working as a chef. I also have a cert IV from TRA granted last feb 2020. DOHA refused it saying that I didn’t satisfy the 3 years work experience just because the duties and responsibilities written on my statement of service from the company did not specifically(word by word) listed the duties of a chef.
I am told that I can apply for the appeal. And I am considering that already but I am afraid for another refusal.
My question is will I still be able to apply for another visa like 494? or section 48 applies to me?
We have applied for Protection Visa 866 from Australia and we have a Bridging Visa A with full work rights.
We left our single child in home country . Now is it possible to apply for student visa / any other kind visa to bring our child to Australia .
We don’t have a Visa rejection History .