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 sir can I ask in Hindi language ..I am Indian. .. merai husband visa apply kar saktai hai kya vo Australia rahai hai laikin unhai unkai father ki medical condition ki bajh sai yaha rukna pada tha laikin unhonai 2015 mai aik partner visa apply Kiya tha or vo visa apply bhi ho gaya tha laikin Father ki medical conditions thik nhi to unhai vo visa cancel krna pada or yaha India mai shadi bhi ki…..ab kya dobara visa apply kr saktai hai kya Australia….plz suggest me….
Hi
I have traveled to Australia for holidays and short business trips for many many years now and always had multiple visas. My last multiple visa was issued in 2019 for 3 years expired in June last year and since I only used the visa for one visit to Australia I was told I could apply and get 3 years Multiple without any further fees. However, I thought I did not need to submit any documents which I did not when I applied. I did not get any requests for any documents either and my visa was refused.
Can I apply again and submit all documents?
Hi Nilesh,
Can you please guide me here.
What happens if a 190 visa gets refused? Will i be still eligible to apply again with a new eoi?
Also can you please tell me,
I am living in NSW from last 3years, in October i traveled to India and i am in India, working for Australia company and paying all my bills there, now that I have got invitation can I apply for the visa? Will i still be eligible and meet the 6 months stay criteria in NSW?
hi im toni, i apply subclass (600) tourist visitor visa, i got refusal. base on the case officer i just recently employed (8 months), her concerns is i cant provide sufficient incentive to induce to return to my home country because i leave at work for 1 month, even i have enough money in the bank , paid tickets go and back, and accommodation. she said i am not genuine visitors because i just newly hired and because of absence of leave, do you think i can appeal? or any suggestions,
thank you in advance ❤️❤️
Hello, my partner has recently filled in a visa and ticked that she was open to working in childcare, we later found out that u would need a health test to do so, would it be possible to inform them to change this part of the visa ? Or could this be a reason for them to refuse if we do decide to change a small detail like that
Hi Nilesh… I have back to back visitor visa refusals to Australia in 2018.. Now i am planning to apply for student visa in june 2023… Will those previous visa refusals effect my student visa outcome??
Reason for refusal is lack of financial support and lack of travel history..
Hai Sir. My name is Lenna. I have applied and got my bridging visa in 2020. However, I went back to Indonesia. Could you please let me know what type of visa can I apply to enter to Australia once again?