Visa Refusal & Cancellation

Visa refusals and cancellations can happen for several reasons, such as failing to meet visa requirements, breaching a visa condition, submitting a bogus document, or providing misleading information. Whatever the reason, the outcome can affect your ability to stay in or return to Australia. That is why it is important to understand your situation and know what options may be available to you

Our visa refusal and cancellation lawyers help clients respond to Department of Home Affairs decisions, protect their visa status, and pursue review where it’s available

What Counts as a Visa Refusal

Your visa is refused if you don’t satisfy the case officer that you meet the criteria set out in Australian migration law. Refusals relating to character, medical requirements, fraud, or misleading information are treated seriously and can carry long-term consequences beyond the current application.

Public Interest Criterion (PIC) 4020 – Bogus Documents or False Information

The Department of Home Affairs can refuse your visa under Public Interest Criterion (PIC) 4020 if you, or a member of your family unit,

• Do not satisfy the Department of Home Affairs as to your identity
• Provide a bogus document, or information that is false or misleading, in your current application
• Provided a bogus document, or false or misleading information, in a visa application held in the 12 months before your current application

The consequences depend on which limb applies:

• 10-year exclusion if the Department of Home Affairs is not satisfied with your identity
• 3-year exclusion if the issue is a bogus document or false/misleading information

Because a Public Interest Criterion (PIC) 4020 finding can affect every visa in your family unit’s application, it’s worth getting advice as soon as you receive an s57 natural justice invitation, raising these concerns before you respond.

The Character Test

You won’t pass the character test if you fall within any of the following:

• Substantial criminal record
• Conviction for an immigration detention offence
• Association with people suspected of criminal conduct
• Past or present criminal or general conduct
• A significant risk of certain future conduct

Restrictions on Applying After a Refusal

If your visa has been refused while you are in Australia, you can only apply for certain specified visas from within Australia. You do not have unrestricted access to every visa subclass.

Visa Cancellation: Grounds and Process

Department of Home Affairs may cancel your visa where you:

• Did not comply with your visa conditions
• No longer meet character requirements
• Provided false information in your application
• Paid for your sponsorship
• Breached a work-related visa condition
• Made unauthorised changes to your study
• Breached biosecurity requirements
• Attempted to import objectionable goods

If you’re in Australia or at immigration clearance, the Department of Home Affairs will usually issue a Notice of Intention to Consider Cancellation first, giving you the chance to explain why your visa shouldn’t be cancelled.

Only the Department of Home Affairs can grant, refuse, or cancel a visa, and cancellation may be discretionary, mandatory, or automatic by operation of law. In some cases, you can request cancellation yourself.

Department of Home Affairs generally won’t process cancellation requests for:

• Visitor visa (subclass 600)
• Electronic Travel Authority (subclass 601)
• eVisitor (subclass 651)
• Working Holiday visa (subclass 417)
• Any permanent visa
• Any visa with less than six months’ validity remaining

If your visa is cancelled, any visas held by your family members may also be cancelled. Your employer, sponsor, or family member cannot cancel your visa. However, a parent or guardian can request the cancellation of a visa held by someone under 18.

A cancellation can also bar you from making further visa applications or being granted certain visas in future.

Review of a Refusal or Cancellation Decision

If the Department of Home Affairs refuses or cancels your visa, you may be able to apply for merits review through the Administrative Review Tribunal (ART), which replaced the former Australian Administrative Appeals Tribunal (AAT) in October 2024. You cannot appeal a decision made personally by the Minister. In these cases, ministerial intervention may be the only available option.

Review applications have strict time limits that vary by visa subclass. You must apply in writing within the timeframe stated in your decision notification letter. There is no general extension to this deadline.

The ART can:

• Affirm the decision: No change is made.
• Vary the decision: Part of the decision is changed.
• Set aside and substitute the decision: The original decision is replaced with a new decision.
• Remit the decision: The decision is sent back to the Minister for reconsideration.

If you believe the decision wasn’t made lawfully, you can also seek judicial review through the courts.

Talk to a Visa Refusal and Cancellation Lawyer

A refusal or cancellation notice comes with a deadline, and missing it can close off your options. If you have received a notice from Home Affairs or are concerned that one may be coming, speak with Ghothane Lawyers before you respond.

Our team can review your notice, explain what it means for you and your family, and help you understand the fastest realistic path forward.

Book a confidential consultation or message Ghothane Lawyers directly. We act quickly on time-sensitive Home Affairs matters.

FAQs About Visa Refusal & Cancellation

How long does a visa refusal exclusion period last?

Under Public Interest Criterion (PIC) 4020, refusal for a bogus document or false/misleading information generally carries a 3-year exclusion from most future visas. If the refusal relates to your identity not being established, the exclusion is 10 years.

Can I appeal a visa cancellation?

In most cases, yes. You can apply for merits review through the Administrative Review Tribunal, provided you apply within the time limit stated in your decision letter. However, decisions made personally by the Minister cannot be appealed to the Administrative Review Tribunal.

Will my family’s visas be cancelled if mine is?

Possibly. If the Department of Home Affairs cancels your visa, it may also cancel visas held by family members included in or connected to your application.

What is a Notice of Intention to Consider Cancellation?

It’s a formal notice the Department of Home Affairs issues before cancelling a visa held by someone in Australia or at immigration clearance, allowing you to respond before a final decision is made.

Can I apply for any visa after a refusal in Australia?

Not automatically. If your visa was refused while you were in Australia, you may only be eligible to apply for certain specified visa subclasses from within Australia.