What Next?
If you have recently been refused an Australian visa, you may not be sure what you can do next. Can you simply fill out another visa application for another visa or a different visa? Is it possible to appeal the refusal? Does it matter if you are inside Australia or overseas? Must you have a sponsor in order to appeal?
In this guide, we’ll discuss some of the basics about what you can do after your visa has been denied by the Department of Home Affairs.
Refusal Is Different To Cancellation
If you apply for a visa that is not granted, then, unless it’s withdrawn or approved, your application will be “refused”.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 these circumstances, the Department of Home Affairs will tell you that your visa is “cancelled”.
Who Can Cancel My Visa?
Your employer or your partner cannot cancel your Visa. Visa cancellation is only effected by the Department. Certainly, the Department can rely on information shared with them by your employer or your partner in order to then cancel your Visa, but it is wrong for any employer-sponsor or partner-sponsor to threaten that “they” will cancel your Visa. They can’t. Only the Department can.
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.
The circumstances of your case are what determine whether or not you can reapply after visa refusal or visa cancellation. Your visa application can be denied for several reasons, but most of them fall into the following two categories:
Non-Character-Related Refusal or Cancellation
This is the most common type of visa refusal and cancellation. For example, if you unknowingly entered false information on your application, you may be denied – or if you did not meet the criteria required for a particular type of visa, it may be refused.
In most cases, this type of refusal or cancellation will not stop you from filing future applications, though there are some notable exceptions.
Character-Related Refusal or Cancellation
This type of cancellation is issued if you fail the “character test,” and is a various serious issue. Failing the character test usually allows the government to cancel or deny a visa. This is relevant to anyone with an extensive criminal record, who has committed criminal offences, has broken Australian migration laws, or is otherwise involved 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 will be required to declare this when you are applying for future visas with the Department of Home Affairs. The previous adverse decision will almost always affect your eligibility for future visas.
Failing to disclose past visa refusal or cancellation decisions is not a smart thing to do. Immigration will find out if it doesn’t know already. So be upfront. Serious consequences flow from misleading the Department about your immigration history.
Take Action Immediately
If your visa is cancelled and you are currently living in Australia, you’ll almost always need to apply for a BVE (Bridging Visa E) right away. This visa will give you time to make the arrangements for leaving Australia – or give you time to apply for a limited group of visas or possibly appeal.
A BVE may also be issued if you plan to take your cancellation case to the Administrative Appeals Tribunal (AAT), formerly known as the Migration Review Tribunal (MRT).
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 cases, you may simply need to fill out a fresh (possibly different) type of visa application – and you may be approved.
However, in other cases, your best option is to appeal the adverse in your case. Most visa types lodged onshore will allow you to file an appeal with the Department of Immigration. Some visa applications lodged offshore with a sponsor involved can also have appeal rights.
Revocation of Cancelled Visas
The term revocation is usually associated when a Visa has either been mandatorily cancelled because of the operation of section 501 of the Migration Act or, if a Visa is cancelled was somebody is abroad. In particular circumstances an application is required to be made for a revocation of the cancellation decision, and this needs to be done within the specified period and the submission needs to address a particular set of points.
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.
Sir,
My son got his visa refusal last week. The reason cited was the assessor’s dissatisfaction on the applicant’s adherence in line with the provisions of the Migration Regulations 1994.
can he appeal with necessary changes made in his GTE?
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. there are no appeal rights for any offshore application for a student visa.
2. Even if there were, why not simply apply again.
3. Get some advice regarding GTE – it has been a problem for many people and hopefully will this rule will be chnaged soon!
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
XXX xr xpay97 xdisc8
Hello
This evening I was notified my visitor visa application has been refused/declined. My health examination is scheduled next week. In these circumstances, could you kindly let me know if I should cancel my health examination? Your advice on this matter would be appreciated.
Thanks
No, unless you expect to be refused again.
Note it will expire after 12 months, so get approved fast!
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
*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.
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 https://myvisa.com.au/
*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.
Sir my name is harshdeep from pathankot. I had applied for study visa but refused in April 2023 due to lack of sufficient funds. Sir can I appeal as I am having sufficient funds but not previously told by the agent to show such funds. Can I appeal for this guide me my visa was for Australia study visa. University cleared all the dues
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. you can’t appeal.
2. even if appeal was an option, in cases like yours, you should apply again and confront the earlier refusal reasons head-on.
3. The risk if refusal is often higher after a previous refusal so be careful or get help.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*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.
I hold a student Visa that expires in October 2023. I got a job opportunity as a chef and decided to apply for a 408 temporary activity visa and it was refused on the basis that I had applied 91 days prior the expiry date of the student visa and not 90 days which is the requirement. My refusal letter says that I need to leave the country in 35 days. I checked my status on VEVO and my current student visa is in effect until October. Can I reapply for the 408 visa again entering the right dates? O do I have to follow the appeal process? Thanks
Dear Respected Sir, I hope you are doing well. I receive an auto visa refusal before my biometric Australian University Master’s degree, I am requesting to university to issue an again COE and then file again study visa but the university does not provide COE. Sir, I want to apply again for in Australian study visa, I meet different consultants in my country, and every consultant says only the college provides COE after refusal, not the university, agent says to apply for a college postgraduate diploma and get COE and then file visa with strong sop and documents. Sir, it’s good for me if I am applying for a postgraduate diploma. Need some guidelines Thanks