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
my husbands visa got refused ,he applied for the subsequent entrant(subclass 500) visa, the officer stated that he is not satisfied with clause 500.312 in schedule 2 of migration regulations. he concluded that his intends to genuinely stay in Australia is temporarily which is definitely not. the officer mentioned that my husband has provided limited evidence of economic ties to their home country and wont be strong enough to depart Australia upon completion of my studies. But the fact is he has already provided his moms business evidences and his fathers land to be looked after when he gets back and showed enough bank details around 55 thousands AUD attached with his visa application.
Hi, can you please give me some advice, if possible?
I booked a ticket that had more than 8 hrs of layover in Sydney, so I applied for Australian Transit Visa. I was refused because I could not provide the requirement within the specified timeframe, such as biometrics. Suppose I book another ticket with only 2 hours layover in Australia and don’t need a Transit visa. Can I still transit to Australia even if I have a record of refused Transit visa?
just got my student visa refused due to the reason that we are not satisfaction our migrations rules 1994 , i want to apply next intech what are the process and how i apply again
Hello,
My visa application is denied under clause 600.211. In my opinion, there was no significant issue regarding my application. Steady work, real estate, family, kids, mortgage, savings etc. And I don’t have intention to overstay in Australia.
In this case, is it easier to appeal or apply again for tourist visa.
Hi there,
I hope you are well. I applied for a visitor visa and was refused due to the fact that I have not been working in my current job for long enough and that I may not have sufficient incentive for me to return to my country of residence I was applying to go over for the weekend for my birthday to visit some family.
Is it possible to appeal against my visa decision and state that my family will support my weekend stay? If this is possible how do I go about the process ?
Thank you so much for help and for this very informative website and information that you have provided.
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. It is clear to me that your Visa has been refused because you have failed the genuine temporary entrant requirement. The first thing tonight is that different nationalities are scrutinised differently when it comes to being granted a visitor Visa to enter Australia because Australia is conscious of the fact that people wish to flee their country and over stay in Australia.
2. You must demonstrate that you have a very good reason to come to Australia and that you are not likely to overstay after your Visa permission has expired
3. The department will weigh up on the one hand factors that may drive you to over stay in Australia and on the other hand factors which would drive you to return to your home country and comply with the terms of any visitor Visa granted to you.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hi my TR is refused due to submitting the pte old score card which is below 50.
I applying the AAT still they refuse I got the decision in 3 months and my work rights also gone.
And after I apply federal I got some health issues so I’m come back to home country. should I apply for PR please let me know
Thanks
Hi .my visa was refused they gave me a link for biometric and schedule it on july 4,2023 then after an hr they told me that may visit visa was denied? Im confused bec. They lodge may document yesterday and now i was denied? Is this possible?
Hello,
I got resa refusal last week, though I don’t have time for travelling now since I have missed the last schedule time, In case I want to apply when next I have time, How can I do it not to end up with visa refusal again.
I just got my visa refused due to the reason that I did not submit my biometric within the specified period of 14 days. My last day of submitting biometric is on 26th May but I only got the available schedule by tomorrow, 30th May.
Please advise if I will do appeal or better do another application.
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you 🙂
1. May I assume this is NOT an application for a protection Visa. Important because if it is a protection Visa, then usually your application will not be refused, but rather it will be returned as invalid. And something that it is a refusal in relation to some other sort of Visa, then will you appeal not will depend on the Visa you currently hold.
2. I buy the holder of a bridging Visa and you receive a refusal then you were affected by the operation of section 48 of the migration act, which limits the type of applications you’re able to make whilst you are in Australia. It does not limit any application, you wish to make whilst physically present outside Australia.
3. Are appealing a Visa Refusal will cost you $3000 approximately in government fees when you make an application to the Administrative Appeals Tribunal (the “AAT”). I get that rather than spending this money in application fees for the review application at the tribunal. You may wish to invest the same amount towards making another sort of application such as a partner Visa if that is applicable to you or a protection Visa if that is applicable to you etc.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hi, I got refusal from my 485 visa can I file a new application for 485 to correct the error on my first application
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. Yes you can subject to…
2. you meet criteria for making a valid Subclass 485 Temporary Graduate Visa application
3. you meet time of application criteria and time of decision criteria. The big one is that you’ll need to do so within 6 months of course completion.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/