Visa Refused or Cancelled? Here's What You Can Do Next
Receiving a notice that your Australian visa has been refused or cancelled can be incredibly stressful — especially if you're already in the country, separated from loved ones, or your plans have been put on hold. But it’s important to know this: you may still have options.
Below, we break down what a visa refusal or cancellation means, what you can do next, and how a registered migration agent can help.
What’s the Difference Between a Refusal and a Cancellation?
Visa Refusal: This means your visa application has been refused before a visa was granted. It could be due to incomplete information, failure to meet eligibility criteria, health or character concerns, or failure to satisfy subjective requirements like the Genuine Temporary Entrant (GTE) criteria.
Visa Cancellation: This means a visa that was already granted has been cancelled, usually due to a breach of visa conditions, new information about your eligibility, or character grounds (under section 116 or section 501 of the Migration Act).
Step 1: Read the Decision Letter Carefully
The refusal or cancellation notice from the Department of Home Affairs will include:
The reason(s) for the decision
Whether you have a right to review
The timeframe in which you can lodge an appeal
This letter is critical. Keep a copy and do not ignore it.
Step 2: Do You Have Review Rights?
In many cases, you can apply for a review of the decision through the Administrative Appeals Tribunal (AAT) — but not always.
You may be eligible for review if:
You applied onshore (from within Australia)
You hold a visa with review rights
You have been nominated or sponsored and the sponsor also has review rights
Time is crucial – most appeals must be lodged within 21–28 days of the decision, depending on your circumstances.
Step 3: Consider Your Options
Depending on your case, here are the typical options:
Merits Review (AAT)
If eligible, you can request a review. The AAT will assess whether the Department made the correct decision and can overturn the refusal.
Ministerial Intervention
In exceptional cases, you may apply for ministerial intervention after an AAT refusal. This is only granted in unique, compelling, or compassionate circumstances.
Leave Australia and Reapply
If you're not eligible for a review, or your appeal rights have expired, you may need to depart the country and reapply from offshore — though this may trigger re-entry bans (e.g. section 48 bar or 3-year exclusion periods).
We recommend you seek the advice of a Registered Migration Agent or lawyer to help understand which option is most suitable to you.
Common Reasons for Visa Refusal or Cancellation
Not meeting visa criteria (e.g. financial capacity, skills, English level)
Providing false or misleading information
Failing to respond to a request for further information
Breaching visa conditions (e.g. working when not permitted)
Character concerns, including past convictions or police checks
How a Migration Agent Can Help You
Having your visa refused or cancelled doesn’t mean it’s the end of the road — but it’s crucial to act quickly and get accurate advice.
A registered migration agent can:
Review your decision letter and explain your options
Lodge an AAT appeal on your behalf
Prepare submissions and gather supporting evidence
Guide you through the hearing process
Explore alternative visa pathways or exemptions
Need Help? Get in Touch
We’ve assisted clients with everything from student visa refusals to character-based bans. If you’ve had a visa refusal or cancellation, reach out to our team today for a confidential consultation — the sooner you act, the better your chances.
Ingrid Parry-Hayden
MARN #2318165
Email: ingrid@haydenmigration.com.au
Phone: + 61 (3) 8679 2298