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 from pakistan and i‘have a question? Can we apply for student visa imediatly after the rejection of visit visa in Australia? Help me out on this…
Hi, im malaysian citizen, recently i apply tourist visa but got refusal two times, so what i need to know is how long duration i can apply a new tourist visa? Plz answer me asap
Hlo sir,
Yesterday, i got my Australia visa refusal because of my sop. If i want to reapply then when can i apply, i have to wait 6 month or i can apply after 1 month. If i have to apply again then i have to do from first or ? It will affect my Australia visa refusal again? I don’t know! what to do? can you suggest me.
hi! my partner’s tourist visa was refused as below:
The applicant has not provided acceptable evidence that they have access to sufficient funds
to cover the cost of their travel to and stay in Australia. As such, I cannot be satisfied that
they intend a genuine visit to Australia as I find that the cost and duration of their stay in
Australia is not consistent with their personal circumstances. While I note the applicant has
supplied a bank statement, there is no name associated with the account, therefore, I am
unable to verify who the funds belong to. As they have not demonstrated that they have
access to sufficient funds to support themselves during their stay in Australia, I am also of
the view that they may have significant incentive to work in Australia in breach of their visa
conditions.
After considering the likely costs of a temporary stay in Australia and the information
provided, I am not satisfied that the applicant has adequate means or access to adequate
means to support themselves in Australia.
CAN HE APPLY AGAIN ATTACHING ALL THES DOX?
REGARDS
Hi,l everyone,
My employer had received a refusal letter for nomination. (Visa 482). Even though I know my application will be also rejected Im wondering if I’ll get any Feedback on my appl itself anyway. Any suggestions?
Thanks
Barbara
Hi Nilesh,
My visa 189 application was recently refused because my assessed score is less than the score stated on my invitation to apply for the visa. I have unfortunately made an inadvertent error when I completed the expression of interest application which gave me a score of 70 points however my actual assessed score is 65 points. I had mistakenly clicked yes to meeting the Australian study requirement which added 5 points when I completed the EOI. I have submitted the form for notification of incorrect answers to but it didn’t help. Do I have an option to appeal if I made the application offshore? I am intending to reapply otherwise. Thank you for your help!
Can I apply for tourist visa after student my student visa got refused last year?