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, thank you for your free advice. Your article is very Instructive.
I’m a asylum seeker currently in Australia. I’m from Haiti. When I came here, I had a student visa. Before, I applied for subclass 866, I tried to apply for a visitor visa for my wife and son together. They got refusal. Last March I reapplied for them, they got refusal again.
The reason of the first refusal is same the second.
In the application, she put: work certificate and leave, property title, bank account certificate, business paper and other documents.
This is the reason the DHA gave to refuse the visas:
My decision is based on the following factors In establishing whether the applicant is a genuine temporary entrant, I have considered the applicant’s circumstances, purpose of travel, and ties to their current country of residence. The applicant declared that they are travelling to Australia for tourism. In their application, the applicant declared that they have been employed by Silo Complex Medical since March 2018. After consideration of this information, I am not satisfied that the applicant’s employment is of itself a substantial tie to their country of residence that would encourage them to depart Australia after the proposed visit. 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.
I got my student visa rejected offshore. Is it safe to apply again after few months with stringer application this time ?
Hi there,
My aunt’s visitor’s visa application was refused with the reason that “she does not meet the genuine entrant requirement (she does not genuinely intend to stay temporarily in Australia). She is a 58 year old woman with a stable employment over 20years. She provided payslips, a letter from her employer indicating she has a job to return to, Evidence of travel history and that was not enough to prove that she will return back to Ghana her home country. She works for the government and has no intension to prolong her stay. What can I do next? Should I re-apply?
PS: The refusal letter stated that there is no right of merits to review the decision.
Hi there, I was in Australia on student visa and then I applied for student visa extension which was refused by home department and I left Australia like 2 years ago. So can I apply tourist visa for Australia if had a student visa refusal in past.
were applying for subclass 400 visa° and got refused,is it OK to apply for another type of visa like subclass482? we’re outside australia
Hi.
I got refusal. I applied for a Visitor (class FA) Visitor (Tourist) (subclass
600) visa
. Did not satisfy the provisions of the Migration Regulations 1994.And didn’t satisty under clause 600.211.
They have made their decision based on the following factors:
The applicant declared that they are travelling to Australia for tourism purposes. In their
application, the applicant declared that they have been enrolled at a University since
April 2023. After consideration of this information, I am not satisfied that the applicant’s
enrolment is of itself a substantial tie to their country of residence that would encourage them
to depart Australia after the proposed visit.
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.(It was Their decision)
I would like to mention that,I am a citizen of Bangladesh.Currently stay in canada for study purpose.In my summer vacation, i want to visit australia.Can i reapply within 2-3days?And what to do now?
Sorry for long.Plz help me with proper guidelines
Hello,
I have applied for my sister’s and her husband visitor visa under sponsored stream. They grant my sister’s visa but refused my brother in law visa and mentioned there is no holiday evidence or financial statements to satisfy he will return. As a sponsor, they mentioned that I can apply for merit review but I want to ask how long it takes before I can relodge the visa as review itself is about $3000 fees