Australian Student visa refusal and AAT application

Most students wish to study in Australia. But having good credentials, passport and funds are not enough. One of the most crucial documents is the student visa. No matter how carefully one applies for the visa, it can get denied. There are several instances of Australian student visa being refused. Unfortunately, student visa refusal will delay their travel plans and may risk the individual’s eligibility to get other visas. If you experience a case of visa refusal in Australia, here is something you can do. In such cases, you can submit an AAT appeal letter Australia for the visa appeal.

How does one appeal in case of an Australian student visa being refused?

Here are the steps to follow for a student refusal visa appeal

Apply at the Administrative Appeals Tribunal (AAT) –

– If the Australian student visa is refused, apply in AAT which will review the decisions made by the federal government. It is the only institution that is authorized to examine the merits of visa applications.
– They review the visa application being submitted afresh by reviewing documents, evidence, forms and all the information provided.
– Refusal appeal can be applied either online or sent through a paper application. If there is any nominee, they can submit the application on the applicant’s behalf.
– The duration for AAT appeal is limited and one has to apply in writing in 28 days of receiving the decision notice.
– In case the person is in immigration detention, the time of appeal is reduced to 7 days.

Pay the Appeal Fee –
– The appeal application requires one to pay an additional fee of about AUD 1,826. Fees can be reduced up to 50% if it causes financial difficulty.
– Fees are required to be paid before the due date of sending the appeal.
– Payments can be made through credit cards, cheques, and money orders.
– The AAT will return the money in case the appeal decision is not in your favour.
– If the decision is positive, 50% of the fee will be returned either from the full fee or the reduced fee.
– To get a refund, you will have to fill a form provided by the administration.

How does one know that AAT received the appeal request?

After complaining, AAT will send a confirmation mail presenting their confirmation about receiving the appeal request. The mail will include additional information about the request you have made and the likely procedure to be followed.

What documents are required to be submitted with the Appeal Request?

– Normally an individual does not need to submit any other extra documents.
– AAT will get in touch with the department of foreign affairs and will inform them about visa appeal requests, for which the department will send all the relevant documents.

How much time is required for the Appeal Process?

– Usually, the processing time will be different based on the case category, however, on average it takes between 12 and 18 months of time.
– It will take around 530 days for student visa refusal and 450 days for student cancellation.

How does AAT work through an appeal hearing?

– Hearing occurs at the AAT hearing room in the candidate’s nearest state capital.
– AAT will contact the person and inform him or her about the date, time and location of the hearing.
– Mostly AAT appeals take place in person as they can narrate their side of the story and why they found an issue with the department’s student visa refusal.
– The candidate needs to be well prepared with supportive documents and ensure all legal criteria have a positive result.

What Can be the result?

– Affirm – This status means AAT will agree with the judgement of the department for refusing the visa. The department’s call is final and the refusal stands.
– Vary – This status means AAT will disagree with the department’s decision of refusing the visa. The set of feedback with recommendations and additional information is resent. The application is then forwarded for further review and evaluation to the department of immigration.

What is the scope if the appeal fails at AAT?
If the result of the appeal is “affirm”, then the person has 2 options-
– Application to Federal Court – It can be taken forward in certain cases following any legal error found in the verdict taken by the AAT.
– Application for Ministerial Intervention – By writing an appeal to the minister for a personal favour to grant the visa by offering some strong justification. Although, there are not many instances of successful requests. Yet, in case the minister gets involved, the chances of getting the positive responses are high.

So, if you are planning to study in Australia but dealing with the visa refusals, then you must try these steps. You can make your dream come true, you are just a few steps away! GTE Experts are happy to assist you in this journey.

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