Student visa refusal appeal proceedures in Australia

Is your student visa rejected?
Was your GTE statement not good enough?
Are you currently based in Australia?
Are you a student and wish to appeal to the Administrative Appeals Tribunal (AAT)?

If your answer for all four questions is a “Yes”, then you are on the right page!

Most students wish to study in Australia. But having good credentials, an eligible passport, and funds are not enough. One of the most crucial documents is the student visa. No matter how carefully you apply for the extension visa, it can get denied. There are several instances of Australian student visas being refused. Unfortunately, student visa refusal will affect your career and future plans. If you experience a case of visa refusal in Australia, here is something you can do – you can submit an appeal to AAT (Administrative Appeals Tribunal).

Reading this article further will save you at least $1000.

Sounds like a good deal, right?

Although before moving on to this, you need to check if your existing visa is still valid or not. In case it’s under the validity period, you will have the option to re-apply for the student visa. This will help you save AUD 1500 required additionally on the AAT application fee. Although, it’s recommended for you to seek a visa application from a professional who would take care of the GTE statement along with other supporting documents.
If your Australian student visa is refused inside of Australia and you wish to appeal, you must follow these steps:

  1. The first step involves submitting your appeal in AAT. This process isn’t as easy as it seems to be. If your visa status is Bridging Visa, then your only way is through AAT and that too in a specific period.
  2. In order to appeal, you need to pay a certain fee amount which is AUD 3000 at present. The students can also apply for a 50% reduction. So you should be prepared financially as well as emotionally because appealing for a visa again can turn out to be time-consuming.
  3. Now comes the part where you have to prepare the appeal letter. The appeal letter to AAT is quite like the GTE statement, however more detailed and answering case officer concerns. If you are appealing to AAT, you need to provide them with thorough information about your case, including the circumstances, migration history and other revelation information necessary for the appeal. Being a genuine student and performing all the requirements on time is crucial to enhancing your chances at AAT.
  4. Once you have applied, the AAT officer will send their decision regarding your appeal and will also invite you to share more information and fill the forms. You will have the option to review the application process with or without hearing.
  5. You have to be patient with the process, as it is usually time-consuming. Once all the documents are submitted, the hearing date will be announced. The deadline of appeal is usually 28 days from the day of visa refusal.
  6. AAT usually takes the decision regarding the case by gathering information about the applicant. This includes their circumstances in their home country, how they favour their stay in Australia, the value of the course in future, and their immigration history.
  7. You should always provide them with correct information and evidence of the facts mentioned in the letter as it helps in getting decisions in your favour.
  8. If a hearing date is announced, you are allowed to bring documents and get witnesses or people to present genuine intentions at the hearing. One thing you need to take care of over here is that you must not speak more than you are asked.
  9. The decision is quite straightforward after the AAT hearing. If the AAT decision comes in your favour, all of the appealing money will be returned, but if the decision stays the same i.e. refusal of the student visa, then half of your appealing money will be returned.
  10. Lastly, be prepared for the appeal and their decision as it may or may not turn out to be in your favour.

If your visa refusal appeal gets denied by AAT, don’t lose hope, you can still try through these two ways:

  • Application to Federal Court – It can be taken forward in certain cases if a legal error is found in the verdict taken by the AAT.
  • Appeal for Ministerial Intervention – By writing an appeal to the minister for a personal favour to grant the visa by offering some strong justification. If your circumstances are genuine and exceptional, you may get help from the minister.

It is advised to thoroughly collect all the information, documents that have led to visa rejection in the first place. You must review your mistakes and make sure that you do not repeat them. This is crucial because there is no way out if the visa gets rejected again.

What to do for students out of Australia? Click here to read the article.

Passing through the AAT process is very difficult and tiring. Rather than taking risks, it is is always advisable to consult with a GTE expert and pass through all the procedures and prove genuine intentions to study in Australia.

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