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 i got the visitor visa (600) refusal because i forget to check that they need my passport, so that i failed to send to them. what can i do? This is the first time i got a visa refusal
Hey, my student visa was denied on the grounds that I might not return to my home country after studies. Can I reapply for the same type of visa?
Hello Nilesh,
I hope you are well.
My 408 visa just got refused because I accidentally applied 91 days prior to my current visa expiry and not 90 days which was the requirement.
Can I immediately reapply for the same visa now that I am within the correct timeframe?
Thank you very much for your help and advice in this thread, it is hugely appreciated.
All the best,
Steve
Hello, I was approved for an Australian partner visa. Due to circumstances, the relationship broke down and I left Australia and returned to the U.K. I contacted immigration, and declared this and due to the conditions of my visa was no longer eligible. The visa was withdrawn, I have been to Australia since as a tourist and have not had any issues, restrictions or been queried since the withdrawal of my visa. I am now applying for a student visa and wondering if this will affect my eligibility.
Hello,
So my student visa was refused on the grounds that I didn’t have any intention to come back to my home country after the completion of my studies. Additionally they stated “The applicant did not satisfy the provisions of the Migration Regulations 1994.”
Is it a good choice to reapply?
If so, how long should I wait before I reapply?
i got refusal today for study visa australia saying that i will not return to india after completeing my studies. can i reapply to other universities i have done 12 in 2022 , my ielts score is 7.5 not less then 6.5, 12% is 82, and total funds shown are 30 lakhs INR.
Hi Nilesh, hope everything is good.
I applied for a Visitor (subclass 600) visa, and submitted my application 05 June, 2023 and and has been refused on 08 June, 2023. The decision maker was not satisfied that my employment is of itself a substantial tie to my country of residence, and that would encourage me to depart Australia after my proposed visit. I have submitted documents to prove that I am tied up with my company since I have a contract until December of next year,
I am nearing the 28th day since my visa refusal date, and thinking to submit a review through Administrative Appeals Tribunal. The amount of filling this review is not a joke. So I want to make sure is there any specific information I need to know or to follow? I need help.
TIA
VPR