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 Affairs denies your visa.
If your visa application is not approved and you don’t withdraw it, it will be considered “refused.” Visa refusal is different to 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 “cancelled”.
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
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:
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.
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.
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.
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.
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.
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 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.
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.
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Hi
If a visa is refused on the basis that Home Affairs advising that, 'the applicant did not satisfy the provisions of the Migration Act 1994'.
Home Affairs also further states that, 'The Department cannot consider the application any further. However, your sponsor is entitled to apply for a merits review of this decision to the Administrative Appeals Tribunal.'
Please kindly explain this and the best option going forward in successfully obtaining a visitor visa.
Thanks
Hello I have a strange case, my transit visa was grated however my 15yr old daughters transit visa was denied, she has a shengen visa already in her passport however the Australian side has refused to grant the transit visa based on not satisfying provisions of the Migration Regulations 1994, what is the exact reason and can I do anything about this decision?
A visa cannot be granted unless the relevant criteria specified in the Migration Act and the
Migration Regulations are satisfied.
In this case, I am not satisfied that clause 600.211 in Schedule 2 of the Migration
Regulations is satisfied. This clause provides that:
600.211
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is
granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last
substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 600
visa would be subject; and
(c) any other relevant matter.
In assessing whether or not the applicant genuinely intends to stay temporarily in Australia,
I have taken into account information provided in the application, the applicant's immigration
history and compliance with previous visas. I have also taken into consideration any
supporting documents as well as the applicant's personal circumstances, commitments, and
incentive to return to their country of residence.
My decision is based on the following factors
Before a visa can be issued, applicants must demonstrate strong financial, employment and/
or personal ties which would demonstrate their incentive to abide by the conditions of that
visa, and depart Australia at the end of their authorised temporary stay. I am not satisfied
that the applicant has provided sufficient evidence to demonstrate such ties.
The applicant has provided evidence of previous international travel history however the
countries which were visited do not share a comparable set of immigration laws or framework
as is established in Australia therefore providing little indication of your future compliance
with visa conditions.
I note the applicant has provided some financial documents and ownership of properties.
While I have considered this evidence, I have attached less weight to this information as the
fund can be withdrawn anytime and the properties are transferrable. Therefore, this evidence
is not of itself sufficient evidence of incentive to return to home country.
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.
Decision
As clause 600.211 is not satisfied, I find the criteria for the grant of a Visitor (Tourist) visa in
the Tourist stream are not satisfied. Therefore, I refuse the application by the applicant for a
Visitor (Tourist) visa in the Tourist stream
Hi, I have applied visitor visa for myself and family members including kids. However I received a email stating I need to send further documents for reassessment. Where’s my other family member got refused. Can I reapply for the rest of my family members in family visa again?
Good day,
I have recently applied for a visitor visa - business stream, and have been refused, due to suspicion of working for remuneration.
The only reason I applied for a business stream, is that I was advised to do so by a travel agent, as I would like to attend my VETASSESS Skills assessment while in Australia. Furthermore, the main reason for my intended travel to Australia, would be just to visit friends and family.
Can I apply for a new "normal" visitor visa now, without it having any implications on the decision of this new application and/ or future applications?
Thank you very much for your help and I look forward to getting your advice.
hi
I applied for business visitor visa from Dubai we are taking part in the exhibition which is held in Sydney it has been just 2 months I have been employed with this company. we submitted all the docs the registration for the exhibition, the invitation letter from event company in Australia . NOC company stating they will handle all my expenses.
still it got refused stating that I will not come back and they don't have any evidence.
they stated I have not taken part in any such exhibitions previously or travelled in such exhibitions before so they rejected .
can I re apply and what I need to attach this time to get it approved
Hello sir,
I just got my visa refused due to the reason that I have no strong evidence to come back to home country. so can I apply again immediately after one month or we have to stay under cooling period for 6 months?
Please need your suggestions so that I can apply again immediately.
Hi,
I had a visitor visa rejection in Sep-2022, now if I apply student visa offshore then does the previous visitor visa rejection affect my student visa application?
Thanks.
Hi,
Can I apply for student visa after my visitor visa rejection last year in sep 2022. Does visitor visa rejection will affect the student visa application?
Thanks.
Hi,
My visitor visa got refused last year in Sep 2022. Can I apply student visa now? Does my visitor visa cancellation will affect my student visa application?
Thanks.