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 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 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”.
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 sir. Im jayanthi from Malaysia recently my Australia tourist visa refused with invatation letter. They are refused my visa because not proper proof for attachments with invatation letter. So can i reapply my tourist visa again?
Dear Jayanthi,
Apologies for the delayed response, but I hope this information will help you and others in a similar situation.
Yes, you can reapply for a tourist visa to Australia after a refusal. However, it is important to address the reasons for the previous refusal in your new application. If your visa was refused due to insufficient proof of attachments with the invitation letter, you will need to strengthen your application by providing clear and compelling documentation. This could include more detailed evidence of your relationship with the inviter, proof of your ties to your home country, and financial support documents.
It’s essential to ensure that all required documents are correctly attached and presented in the new application to increase your chances of success.
If you need assistance with preparing a stronger application or would like advice on your specific situation, feel free to book a chat with me here: MyVisa/appointment.
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.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi Sir,
My student visa got cancelled because of inactive COE for 7 months and my 189 application is in process, now does this student visa cancellation effects my 189 application. Please suggest any steps.
Thanks
My tourist visa application just got refused. It says that my financial and work and family circumstances don’t satisfy them, And I am planning to apply for a working and holiday visa in three months.
Would it possible work or the refusal will affect the WHV application?
Hello Nita,
I have also received a rejection on my tourist visa application, stating that my economic and personal circumstances are not plausible, and that the decision maker is not convinced that I will abide by the conditions of the visa. Can I check with you if you went ahead and re-applied or did you appeal by chance. Currently I am unsure of what i should be doing as my next step. I really want to re-apply for my visa, but I am uncertain if this would be a good idea or not.
Hi Nilesh,
I applied for a tourist 600 visa and got refused, reason being evidence of self employment not provided despite providing my bank statements and also another reason stating I might not return to my own country as I am 37years and have nothing to prove that am returning home. I want to appeal but this will cost alot of money. Can I reapply? How long should I wait to reapply again?
Can visa 400 reapply again after refusal?
Hi – my sister lives and works in China (she’s in the middle of a teaching contract there and has a lease on an apartment) and was hoping to visit us for two weeks over Christmas (we are both orginally from South Africa but I am now an Australian citizen and have been living here for over 20 year – my sister has visited me here previously but not for many years). Her visitor visa has being refused stating she hasn’t provided enough evidence that she has reason to go back to China. She wasn’t asked to provide more evidence prior to this decison coming through. Should she just reapply? Thanks for your help!
Hello,
My brother-in-law’s visitor visa was refused recently and we’re confused what the next steps should be.
The decision was: “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”.
I was thinking apply again with even more info like a detailed travel itinerary both my spouse and my payslips and savings statements etc.
Please advise.