Receiving news that your Australian visa application has been refused, or that your existing visa has been cancelled, can be one of the most challenging and unsettling experiences you face. It’s not just a bureaucratic hurdle — it often feels deeply personal, disrupting your plans, hopes, and sense of security. You may be asking yourself: Can I still apply again? What are my options? What should I do now?
Understanding what to do next is crucial to protect your rights and explore possible pathways forward. This guide explains the essential steps you should take after a visa refusal or cancellation decision by the Department of Home Affairs (DOHA).
Understanding the Difference Between Visa Refusal and Visa Cancellation
Visa Refusal happens when your visa application is not granted. You will receive a formal notice explaining the reasons, which could range from incomplete documents, failure to meet health or character requirements, insufficient evidence, or incorrect information.
Visa Cancellation means that a visa you previously held has been revoked. This can happen if you breach visa conditions, fail character tests, or if the Department later discovers false information provided in your application.
While the reasons and consequences of refusal and cancellation differ, both can significantly impact your legal status in Australia.
Step 1: Carefully Review the Official Decision
The Department of Home Affairs will provide a written notice detailing:
- The specific grounds for refusal or cancellation
- Whether the decision can be reviewed or appealed
- Important deadlines for taking action
It is vital to read this notice carefully and understand the reasons behind the decision.
Step 2: Seek Expert Migration Advice Immediately
Australian immigration law is complex and constantly evolving. To avoid missing crucial deadlines or making mistakes, it is strongly recommended that you consult a qualified migration lawyer or registered migration agent as soon as possible.
A migration professional will:
- Analyse the reasons for refusal or cancellation in your case
- Explain your rights and possible next steps
- Help you prepare and lodge an appeal or review application if eligible
- Advise on options for reapplying or applying for a different visa
- Represent you in communications with immigration authorities or tribunals
Step 3: Explore Your Appeal and Review Rights
Many visa refusal or cancellation decisions can be challenged through the Administrative Review Tribunal (ART), which provides an independent review of immigration decisions.
Key points to remember:
- You typically have 21 days from the date of the decision to lodge an appeal.
- Not all decisions are reviewable — your written notice will clarify this.
- Appealing allows you to stay lawfully in Australia on a Bridging Visa while your case is reviewed.
- Legal assistance is strongly advised to present your case effectively.
Failing to lodge an appeal within the required timeframe may mean losing your right to challenge the decision.
Step 4: Check Your Visa Status and Maintain Lawful Stay
If your visa has been cancelled or refused and you have no other valid visa, you may become unlawful immediately. This could lead to detention or removal from Australia.
If you have lodged a review or appeal on time, you will usually be granted a Bridging Visa allowing you to remain lawfully in Australia while your case is considered.
Ensure you fully understand your current visa status and comply with any conditions to avoid further complications.
Step 5: Prepare for Potential Departure
If your appeal is unsuccessful or not available, you may be required to leave Australia within a set timeframe.
It is important to:
- Make necessary travel arrangements early
- Notify your employer, education provider, or landlord
- Settle personal affairs before leaving
- Understand how leaving voluntarily can positively impact future visa applications
Step 6: Consider New Visa Applications or Alternative Pathways
In some situations, you may be eligible to apply for a different visa, either while your appeal is underway or after departure.
Possible options include:
- Applying for a different subclass better suited to your circumstances
- Lodging new applications with stronger supporting evidence
- Family reunion or humanitarian visas, if applicable
Your migration advisor can help identify suitable alternatives and assist with new applications.
Step 7: Always Be Honest and Transparent
When dealing with the Department of Home Affairs, it is critical to provide truthful and complete information. Concealing a previous visa refusal or cancellation on future applications can result in more serious consequences, including visa bans.
How NB Migration Law Can Help
At NB Migration Law, we understand how overwhelming visa refusals or cancellations can be. Our expert migration lawyers provide compassionate, clear guidance tailored to your unique situation.
From reviewing your case to assisting with appeals and new visa applications, we support you every step of the way to help you navigate this difficult time with confidence.
Book Your Complimentary Consultation Today
If you’ve received a visa refusal or cancellation notice, don’t delay. Contact NB Migration Law now to schedule a free consultation and learn how we can help you explore your options and protect your future in Australia.