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
Sir my name is harshdeep from pathankot. I had applied for study visa but refused in April 2023 due to lack of sufficient funds. Sir can I appeal as I am having sufficient funds but not previously told by the agent to show such funds. Can I appeal for this guide me my visa was for Australia study visa. University cleared all the dues
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. you can’t appeal.
2. even if appeal was an option, in cases like yours, you should apply again and confront the earlier refusal reasons head-on.
3. The risk if refusal is often higher after a previous refusal so be careful or get help.
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.
Hey,
My parents visitor visa got refused recently. The reason was political unrest in Pakistan. It wasn’t sponsored visa. Should I reapply family sponsored visa or I should go for AAT? What’s the best option ? And can I reapply straightaway? Thanks.
My sister visa got rejected today. Reason: Migration act. What should she do next? Can she reapply?
I applied for Australia visit visa
My age is 56
I have a good travel history in past
I have valid visa of USA CANADA UK when I applied for Australian visit visa
Demonstrate enough funds
Family ties I showed wife and children at home country
Visited UK turkey fareast Schengen in past
Mentioned my previous refusal of Australian visa back in 1992
But the refused my visa in 2023 staying that I will not come back
May be the officer had a dream that I am going to stay there at the age of 56
Further more I have no right to appeal for that decision may be the officer had fear that if I appeal o will get it and his dream will not come true
What should I do now?
Can somebody tell me?
Hello sir/ madam
I am nima from Kingdom of Bhutan I’m 23 years old.
My tourist schengen visa was refused 6 years back .so do I need to declare while applying for student visa or dependent visa to Australia.
Australia immigration officers do they know ? My schengen visa refusal ?
If I declare my schengen visa refusal while applying to Australia is there any high chances to get reject my Australian visa? Even if I show valid reasons.
And I heard 5 eyes countries usa , Australia, new Zealand, canada, and uk.
If we rejected visa from this countries .
Yes we have to declare visa refusal becuae they shared data information but mine is schengen visa.do they track if schengen visa is refused?
Please If you insights on this question will be more helpful for me before applying to Australia visa .I was really worried , scared and getting more stressed .
Thank you
Nima
I hold a student Visa that expires in October 2023. I got a job opportunity as a chef and decided to apply for a 408 temporary activity visa and it was refused on the basis that I had applied 91 days prior the expiry date of the student visa and not 90 days which is the requirement. My refusal letter says that I need to leave the country in 35 days. I checked my status on VEVO and my current student visa is in effect until October. Can I reapply for the 408 visa again entering the right dates? O do I have to follow the appeal process? Thanks
Dear Respected Sir, I hope you are doing well. I receive an auto visa refusal before my biometric Australian University Master’s degree, I am requesting to university to issue an again COE and then file again study visa but the university does not provide COE. Sir, I want to apply again for in Australian study visa, I meet different consultants in my country, and every consultant says only the college provides COE after refusal, not the university, agent says to apply for a college postgraduate diploma and get COE and then file visa with strong sop and documents. Sir, it’s good for me if I am applying for a postgraduate diploma. Need some guidelines Thanks