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
im malaysian citizen and apply for tourist visa subclass 601 4 january 2023 n got refusal and then i apply again visa subclass 600 and also get refusal and my question is
when can i apply again for my tourist visa? kindly please assist me asap
Hi I’m sarmen suman and from fiji my student Visa was refused for Australia on 24/1/2023 what can I do next plz
Hi Nilesh,
My brother had two student visa refusals last year. The first application was DIY, and the second one was with the help of a migration agent. The first refusal reason was the economic situation back home. The second refusal reason was a family tie in Australia and the economic crisis back home. Tho his GTE has explained well his plans after obtaining his studies to go back to working as a seaman with a higher position due to his qualification in Australia. But the CO mentioned that there was no convincing evidence to prove this. Now, my Question is?
What are the chances of getting approval for a visa for the third application?
If he ever gets a third refusal, what are the circumstances?
What should we do to defend the family ties here in Au and the economic situation back him? What are the documents that we should submit?
My brother finished his BS in Marine engineering. What other Vet course could he enroll in because the school he enrolled in before is not accepting him anymore? It is hard to find a school with the same course he took as his previous one.
Hi, my name is Diana, i applied for a visitor’s visor to Australia which was rejected on 12 January 2023, this the reason that i did not satisfy the provisions of the Migration Regulations 1994, the review rights says “there is no right of merits review for this decision” what am i supposed to do in this case?
Hi, my name is Diana, i applied for a visitor’s visa which was rejected on 12 January 2023 reason being that i did not satisfy the provisions of the Migration Regulations 1994, and further says thee is no right of merits review for this decision. what am i supposed to do in this case?
HI,
I applied for Australia tourist visa through an agent who missed to mention about US tourist visa refusal in 2018 in the application. I was granted a tourist visa and travelled to Australia with my wife (a holder of TR visa and currently residing in Australia). My visa was cancelled as per Sec 116(1)(d) for incorrect information before immigration clearance and turned around to India. Can I now apply for another tourist visa or spouse visa to rejoin my wife living and working in Australia. Your response in this regard will be really helpful, thank you.
Hi sir, i am working in Australia as project manager. I have 400 visa for short term (6month) visa
My wife applied for visitor visa , but got the refusal so can you help me ? I want her to be here for 1 month so we both will explore the Australia . I have return ticket as well . I don’t have any intention to stay here . I came here for project only . After completing the 6 month I will go back. So is there any possibility to get approval after resubmit the application again for wife.
Reason of refusal was:
The applicant claims to travel to Australia to visit spouse.
In assessing these criteria, I have taken into account the information provided by the applicant in their visa application form and the supporting documents. I find that the information provided is not sufficient to satisfy me of their genuine temporary stay intention, and the applicant has not demonstrated that they have sufficiently strong commitments in India that would be an incentive for them to return to India.
The applicant claims to be employed with Sri Sri Ravishankar Vidya Mandir. I also note their employment documents, financial documents and other supporting documents.
More specifically, I have considered their economic circumstances and find that their claimed income, as per their employment documents, cannot be considered significant in the context of overall economic conditions and cost of living in India. As such, it cannot be considered as a strong incentive to return to India at the end of their proposed stay in Australia.
I further note that the applicant has also provided evidence of financial support from their spouse. While I have taken the offer of support into consideration, I have attached less weight to this evidence as this is not in itself sufficient evidence of a genuine visit. The onus is on the applicant themselves to provide evidence of their circumstances in India that would demonstrate that intention.
Australian High Commission, New Delhi
OFFICE:1/50G Shantipath Chanakyapuri New Delhi 110021
PHONE: 0091 022 67866006 CONTACT VIA: http://www.homeaffairs.gov.au/about/corporate/information/forms/ online/australian-immigration-enquiry WEBSITE: http://www.homeaffairs.gov.au, http://www.india.embassy.gov.au
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After considering the information provided, I am not satisfied that the applicant genuinely intends to stay temporarily in Australia for the purposes set out above.
Therefore, I am not satisfied that the applicant meets the relevant criteria in clause 600.211 in Schedule 2 of the Migration Regulations.