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
Hi Sir,
What should I do to book a consultation?
Thank you
Hi Arjun,
You can book a consultation with me by visiting [myvisa.com.au/appointment](http://myvisa.com.au/appointment).
For complex matters, please schedule a formal consultation. For simpler queries, you’re welcome to use my 10-minute service.
Looking forward to helping you further! 😊
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au/
Hi Nilesh.
How are you doing? I’m 40+ yrs old practising lawyer in india and recently I have applied for tourist visa to visit my nephew in summer vacation. My nephew is PR of Australia and he sent an invitation letter and assured to bear my expenses during my stay in Australia. I’m panel lawyer of many government departments, agencies of the Indian government and showed sufficient funds, Share Holding amounting xx lakhs rupees. It is pertinent to mention that we Indian lawyers generally accept fee in cash. How can we give each and every details ? In the refusal letter they mentioned that my funds are fine but source of income is not shown. How can a lawyer show source of income? I generally accept fee in cash and deposit in my account. I’m paying income tax on regular basis. Even I gave my last 3 years bank statements. What else I can do ? They have spoilt my travel plans this summer. Shall I send documents showing my empanelment with govt departments , asset Like car, property papers etc ?? Kindly guide.
Dear Vipin,
Thank you for reaching out.
I understand the frustration you’re facing. In situations like yours, even though you’ve demonstrated funds and bank statements, the Australian Department of Home Affairs is often very particular about the source of income. Since your income comes largely from cash payments, it’s essential to provide a clear, traceable link between your earnings and your deposited funds.
Here are a few suggestions:
1. Evidence of Empanelment: Sending documentation showing your empanelment with government departments could strengthen your case by establishing that your source of income is legitimate and ongoing.
2. Additional Documentation: Providing property papers, car ownership, or investment documents may help show your financial stability.
3. Income Documentation: I would also recommend submitting detailed records of your income, even if it’s cash-based, along with proof of tax filings. If possible, try to connect your cash deposits to your legal work, such as issuing receipts or invoices, to show the direct link between your work and the cash deposited.
If you’d like, we can arrange a quick chat to discuss this in more detail. I can explain how we can approach your next submission and assist you with the process moving forward. You can book an appointment directly here: MyVisa/appointment.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi sir I applied for Australian transit visa and it declined saying that produces ticket or documents and not satisfied. Applicant has not demonstrated strong financial employment or other commitments in nz. Well I provided ticket, payslip and etc. Is there any way I can appeal or reapply. As I am flying to India on 18th June next month. And will I need biometric if I reapply and whom should I email about this also. Please guide sir
Dixit vaidya
kumarvaidya285@gmail.com
203.109.154.184
Hi sir I applied for Australian transit visa and it declined saying that produces ticket or documents and not satisfied. Applicant has not demonstrated strong financial employment or other commitments in nz. Well I provided ticket, payslip and etc. Is there any way I can appeal or reapply. As I am flying to India on 18th June next month. And will I need biometric if I reapply and whom should I email about this also. Please guide sir
Dear Dixit,
Thank you for reaching out. I understand how concerning this situation must be, especially with your travel plans fast approaching. If your transit visa has been declined due to insufficient evidence of strong ties, it may be worth reapplying with additional or clearer documentation that addresses their concerns. You will want to ensure that all documents, including your ticket and financial details, are fully detailed and well-presented.
Unfortunately, there is no formal appeal process for a declined transit visa, but reapplying is certainly an option. As for biometrics, this requirement depends on your specific case, but it’s common for them to be requested upon reapplication. You can contact the Australian Department of Home Affairs for further clarification on biometrics.
If you’d like more personalised guidance or assistance with reapplying, I recommend booking a quick chat with me to go over your case in detail. You can schedule an appointment 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.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hello Nilesh Sir,
I had a refusal of tourist visa subclass 600 last week.And refusal decision mentioned was “applicant doesn’t have strong commitments in home country and not officer not satisfied with financial statements”
Can you plzz guide me how to reapply in this case
ear Ratna,
Thank you for reaching out.
When reapplying for a tourist visa (subclass 600) after a refusal, it’s important to address the specific concerns raised by the Department of Home Affairs in their decision. Since the refusal was based on insufficient evidence of strong commitments to your home country and concerns about your financial statements, here are a few suggestions:
1. Demonstrate Strong Ties to Your Home Country: You will need to provide evidence that shows your intention to return to your home country after your visit. This can include documents such as proof of employment, property ownership, family ties, or other commitments like ongoing education or business.
2. Clarify Financial Situation: Ensure that your financial statements are clear and show that you have sufficient funds for your stay in Australia. It may help to include detailed explanations of your financial situation, supported by evidence such as bank statements, savings, or proof of any sponsorship or financial assistance you will receive during your visit.
If you’d like more detailed advice on how to strengthen your reapplication, feel free to discuss your current situation 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
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au