What to Do After an Australian Visa Refusal or Cancellation

What could be more devastating than receiving a visa refusal? Encountering a visa refusal or having your Australian visa revoked is more than just a bureaucratic setback – it's a deeply personal and often disheartening experience. It shatters expectations, disrupts plans meticulously laid out, and introduces a whirlwind of uncertainty about the future. You may be wondering, ‘can I still apply for an Australian visa after refusal?’ or ‘can I try again?’ or perhaps you’re simply wondering, ‘what now?’

Once the Department of Home Affairs (DOHA) has cancelled your visa or refused your application for a visa, you will be given notice about the visa refusal or cancellation in writing, including whether the decision can be reviewed.

At Migration Downunder we recognise the profound impact of visa setbacks and the inherent complexity of navigating the aftermath of these decisions. In the midst of this confusion and disappointment, the need for clarity, guidance, and a steadfast roadmap becomes paramount.

Our team are ready to provide compassionate support, expert guidance, and tailored solutions to individuals grappling with the aftermath of refusal or cancellation. That’s why we’ve broken down how to navigate the aftermath of a visa refusal or cancellation.

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Understanding the Distinction

Visa Refusal

Refusal refers to when a visa application has not been granted.

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Reasons for visa refusal

Generally, we see applications refused due to:

Non-character-related reasons, for example:

• Failed to complete the application form;
• Provides insufficient or false information;
• Has a damaged or invalid passport;
• Cannot establish sufficient financial resources
• Health issues

Character-related reasons, for example:

• Failing the character test
• Has a serious criminal history;

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Consequences of visa refusal

If you are in Australia at time of your visa refusal, you may also become an unlawful citizen and be detained or deported.?

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Visa Cancellation

Cancellation refers to when your visa has been granted and the permission is then taken away from you.

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Reasons for visa cancellation

Generally, we see applications cancelled due to:

• Non-compliant with visa conditions
• Not meeting the character requirements
• Provided false information through visa application process

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These are just some common reasons why a visa application has been refused or cancelled; however, it is important to note that each individual case is different.

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Consequences of visa cancellation

If a visa is cancelled by the Department, you immediately become unlawful. ?

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My visa has been refused/cancelled. What are my next steps?

Potential Options

However, amid all this uncertainty, it is important to note that such a decision is not necessarily the conclusion in your migration journey to Australia. Generally, there are three options for a review or an appeal after a visa refusal or cancellation.

The options available after your visa is refused or cancelled are:

1. A merits review through the Administrative Appeals Tribunal
2. A judicial review through the Federal Court
3. Intervention by the Minister for Immigration

There are strict time limits on your right to review or apply for an appeal. If you do not act in time, you will lose your right to review.

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What next?

Act fast!

If your visa is refused or cancelled, make sure you respond quickly by getting the assistance of a registered migration agent, as there are strict timelines for you to respond to your visa refusal or cancellation.

You become unlawful immediately upon the visa cancellation, it’s important that you legalise your status in Australia through the review and/or appeal process. The legalisation process would involve in application/s for a bridging visa.

You would become unlawful in a short period of time upon receiving your visa refusal, if you are on a bridging visa at time of receiving the refusal notice; or you proceed in a merit review through the Administrative Appeal Tribunal (AAT) within the specified timeframe, you would be able to stay on the same bridging visa granted on your visa lodgement, through the review process.

Don’t conceal your refusal or cancellation.

It is important to disclose any previous visa refusal or cancellation decisions when applying for future visas. It is a requirement to declare this and failing to do so may result in serious consequences.

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How we can help.

Your next steps depend on your reason for refusal or cancellation and your individual circumstances.

At Migration Downunder, we specialise in navigating individual and complex visa challenges. Our experienced migration agents have a proven track record of assisting clients through the review process, particularly with the AAT.

Don't let a visa setback derail your Australian aspirations. Contact us today to discuss your options and regain momentum towards realising your immigration goals.