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 sir, recently my visa got refused due to GTE which is the return incentive. should I reapply again? but the problem is university is not giving an offer letter. i have enough funds and sponsors sir. please enlighten me on this? for my next step
Hi, my 18 year-old brother’s visitor visa was refused due to less evidence to return home country (no jobs , no sufficient funds ) and requested documents were not received within the given time (we uploaded and notification said received , no clue why they said did not receive).
So , is it posiible to apply for student visa again changing the visa type. Or will it be another refusal reason ?
How long after can we apply again after refusal ?
Thank you so much for replies
Sir my name is Joshua, my student visa got refused due to lack of documents. I am currently on shore, I was given an option to appeal but appeal would take a long time. Can I just re apply immediately and address the grounds for refusal in my re application? I was told that I’m not allowed for re application when on shore, only for appeal. If I want to reapply, I need to go out of Australia first. Is it true?
I was in 408 covid visa. That is still on active.
I applied for a student visa planing to get my wife from srilanka. But that got refused 2 days before. They say can appeal. But i thought without appealing to continue apply for covid visa which getting expired in November 2023.
Is that ok to do.
Please advice.
I can meet you in the office if you give an appointment.
Thanks
Ruvishka
I am Australian citizen, very naive and unaware how difficult getting a visa to Australia. I have fallen in love with a Kenyan woman online. We applied for a tourist visa thinking it would be straight forward and we would get a chance to meet, make sure we really suited each other even though we know, I have proposed and used this as our evidence of staying with me as a sponsor. I did highlight in the proposal that hopefully we can get you out here as a tourist visiting family and friends, but you would then need to return home per the visa requirement and we could commence planning for a Partner Visa. i was honest and upfront about our intentions, and to have it refused because he didn’t believe she genuinely intended to leave, means he didn’t believe what I said in the proposal, and that makes me quite angry. How dare he question my integrity, if I said she would leave, she would leave. The repurcussions are so big and these people with their red pens simply destroy dreams without even a phonecall to us to measure our integrity.
Hi Nilesh,
My mom’s tourist visa which was for 12 months was rejected based on health report. Could we apply for 3 months one that does not require health requirements?
Sir i have applied for business visa with an invitation letter form Australian company and a letter from my company with the purpose of visit.They have refused my request and send me a refusal letter.Reason of refusal was not very clear.They mentioned that applicant don’t have much commitements in india and they doubt applicant is travelling for temporary visit.they also mentioned that onus is on the applicant to demonstrate their own circumstances but in my company letter,it was clearly mentioned that all the expenses will be borne by the company.
should i re apply business visa with express visa option or re apply can affect me in future?