Visa After Refusal: What to Do Next
f 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 Affairsdenies 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 tovisa cancellation. If you’ve been granted avisa 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 yourvisa is “cancelled”.
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
Hi, My name is Azham , Before I apply to Australian visa, I would like to clarify a point. My US student visa was rejected by the embassy due to financial instability, will that decision affect my Australian student visa first attempt.
Hello
I applied for visa subclass 300
The issue that the last time i met my fiance in person was before she turned 18
And now we are together in another country
Some lawyer told me that i will get refusal since we haven’t met before she is 18
What should i do
Please advise
Got refused a 408 covid event visa. As I applied on the 20/07 when my visa runs out 20/10. Thought that was within 90 days but turns out was 92 days.
Am I able to just apply for a new one ?
Thanks
Hello Sir,
I just received an email from the Australian immigration stated as visa refusal due to biometrics. My graduation is on the 21st of September which is next month and was looking forward to it until I received this email. I applied for a visitor’s visa and it has been refused. So, is there a chance that I can reapply and if I do, do you think it approves just before the 21st of September or after that date?
Looking forward to hearing from you soon.
Cheers
Ivona
Hello Sir,
I just received an email from the immigration stated as visa refusal due to biometrics. My graduation is on the 21st of September which is next month and was looking forward to it until I received this email. I applied for a visitor’s visa and it has been refused. So, is there a chance that I reapply and if I do, do you think it approves just before the 21st of September or after that date?
Looking forward to hearing from you soon.
Cheers
Ivona
Hi. I am applying travel visa for our vacation in Australia. But application of my daughters was rejected with reason of not fulfilling clause 601.212 . It relates to financial capacity and commitments in our country of residence. I am not too sure what are the documents I am lacking. As I attach my bank statement instead of their bank statement.What will be the next step for me? Can I appeal and reapply? With my other bank statement to prove their financial status ? Thanks a lot for your kind advise
My applied for visitors visa the first time and was refused due to financial issues and applied again with all the requirements asked everything was okay including my bank statement and everything but was still refused! Wonder why? IMI knew they were gonna refuse my visa why continueing with the requirements like asking for my medical so I had to pay another fee to complete the requirements I spend a lot of money not knowing my visitors visa was refused again…I just hope Australian high com have to consider how much money we genuine applicants spend to visit and your in your beautiful Country Australia
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. The request for medicals can give false hope to applicants.
2. Even money might be stated as the reason for refusal, the refusal letter is not conclusive. A lot of (other) factors may have contributed to the negative decision.
3. Yes, Australia is a beautiful country – and it is sharing it with more visitors is only humane. Many refusals are unjust and overly harsh. Unfortunate, but true.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
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