Can I Apply For An Australian Visa After Refusal?

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

Who Can Cancel My Visa?

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

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

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.