Had a Visa Refused? What Happens Next?

Receiving an email from the Department of Home Affairs advising that your visa application has been refused can feel devastating. Panic often sets in, and many people immediately assume it’s the end of their Australian journey.

But it’s important to pause — a refusal does not always mean the end of the road. In many cases, there are still options available.

Below is a clear breakdown of what a visa refusal means, and what steps may be available to you next.

1. First things first: why was the visa refused?

When a visa is refused, the Department will issue a written decision letter outlining the reasons for refusal. This letter is critical and must be read carefully.

The decision will:

• Explain why the application was refused

• Refer to the specific legislation and criteria that were not met

Common reasons for visa refusals include:

• Not meeting key requirements such as:

  • Age

  • English language

  • Health insurance

  • Character requirements

  • Work experience or qualifications

• Providing false, misleading, or bogus documents, including altered employment or education evidence

• Failing to respond to requests for further information within the required timeframe

Missing deadlines is particularly risky — if the Department requests documents and they are not provided on time, refusal is often automatic.

2. What options are available after a refusal?

Your options depend on the visa type, where you applied from, and your visa status at the time of refusal.

Generally, you may be able to:

• Appeal the decision to the Administrative Review Tribunal (ART), if review rights exist, or

• Lodge a new visa application, if eligible and not subject to any visa bars

Your refusal letter will clearly state whether you have appeal rights.

If you do not have review rights, you cannot appeal the decision. In these cases:

• A new visa application may be possible, provided you meet the criteria

• You may need to apply offshore, depending on your circumstances

This is where tailored advice is critical — lodging the wrong visa or applying in the wrong location can create further complications.

3. Appealing a visa refusal (ART)

If you have review rights, you may be able to appeal the refusal to the Administrative Review Tribunal (ART).

To lodge an appeal, you must:

• Submit the appeal application (usually online)

• Lodge within the strict deadline stated in your refusal letter

• Pay the required appeal fee

Most visa refusals are reviewed by the ART, though in limited circumstances matters may proceed to:

• The Federal Circuit and Family Court

• The Federal Court

• In rare cases, the High Court of Australia

4. What happens once an appeal is lodged?

If you are onshore, lodging a valid appeal will usually result in the grant of a Bridging Visa A (BVA), allowing you to remain lawful in Australia while awaiting the outcome.

Once lodged:

• The appeal is placed in a queue for allocation to a Tribunal Member

• You will be required to submit additional written submissions and evidence, explaining why the original decision was incorrect

• The ART may request further documents before the hearing

Preparation is crucial. A poorly prepared appeal significantly reduces the chances of success. A registered migration agent or lawyer can assist in building a strong, well-structured case.

At the hearing:

• The applicant is interviewed directly by the Tribunal Member

• Any representative (agent or lawyer) attends in a support role but cannot answer questions on behalf of the applicant

5. What happens after the hearing?

Following the hearing, the Tribunal will issue a written decision, either:

• Setting aside the refusal and remitting the application back to the Department for reconsideration, or

• Affirming the refusal, meaning the refusal stands

If the refusal is upheld and the applicant is on a bridging visa linked to the appeal:

• The bridging visa will be given an end date (usually 28 or 35 days)

• During this period, the applicant must:

  • Depart Australia, or

  • Lodge any further lawful visa or appeal options (if available)

Failing to act within this timeframe can result in becoming unlawful, which can have serious long-term consequences.

Final thoughts

A visa refusal is stressful — but it is not always the end of your Australian journey. Many refusals are successfully overturned, particularly where:

• The refusal was based on incorrect assumptions

• Evidence was misunderstood or incomplete

• Strong submissions are provided on appeal

The key is acting quickly, understanding your options, and ensuring your next steps are strategic and compliant.

At Shamrock Migration Services, we assist clients who have received visa refusals and guide them through appeals or alternative visa pathways.

If you’ve received a refusal and are unsure what to do next, reach out to discuss your situation.