Four Steps to Secure your Study after Student Visa Extension Refusal in Australia
Why do you need to extend your student visa? Study and personal circumstances around an international student studying in Australia are most likely to change, including the duration of your study. Extending your study duration would require you to extend your Student Visa from Australia. A student visa extension process in Australia must not be underestimated. Any points missed may lead to a student visa extension refusal in Australia. It is a BIG NO as it may disrupt all your initial study plans, and even your future! But what happens next when your visa gets rejected while you are in Australia? In this article, we will give you insights on what you should do if your Australian student visa gets refused inside Australia, and outlining the steps you should take in addressing this situation.
Be mindful that each case is different, and the right course of action will depend on the personal circumstances of each person. There is no one-size-fits-all approach as each case needs to be carefully examined to determine the best and right course of action to take regarding your visa extension refusal. Learn on how you can still secure your study, even your visa, after student visa extension refusal.
Below are the 4 steps to do if your student visa get refused by the Immigration:
- Understand the reasons for your visa refusal;
- Seek for professional assistance;
- Reapply for your visa; or
- Appeal for visa refusal.
Find yourself in the above situations? Please send us a message or contact us here for advice to save your study and remain lawful in Australia.
It would be great if the Department of Immigration approves your next student visa application. However, nowadays student visas have a complex set of requirements. Hence, there are possibilities that the Department will refuse your student visa extension.
You’re going to have to tick them off if you want to get that coveted student visa approval.
Then what happens if you fail and your student visa extension gets refused?
If you lodged your student visa application in Australia, you will receive a letter advising you with the reasons for such refusal and details on your options.
The letter will advise you of your review rights and the time limit for lodging an appeal. However, you will not have a right to review the merits of the decision if you lodge your student visa application from outside Australia.
If you are in this situation, you are not the only one. You might get devastated and confused after the refusal, especially if you are already in Australia, and have a course to finish.
Should you immediately leave the country, and forget your dream of getting an international qualification from Australia for good? Or are there any solutions so that you do not have to leave Australia and continue your studies? You can find the answer below!
Four steps to do if your student visa get refused by the Immigration
1. Understand the reasons for your visa refusal.
Once you got a student visa extension refusal in Australia, you must know precisely why your visa application was refused.
A student visa refusal can be made under various grounds so that you’d better check the exact reasons for your refusal diligently.
Usually, you can find the reasons for the Australian Student Visa extension refusal decision in a letter sent by the Immigration. The letter gives you the reasons why your visa application was refused. There may be one reason, or maybe several reasons. Make sure you understand what the letter is saying so that if you choose to reapply, you can get it right.
As rare as it is, you may find that the reasons for your student visa extension refusal are based on a misunderstanding, and you can get your visa granted once you clarify.
Here are some examples on student visa refusal ground:
- Unclear Motives
- Your GTE statement does not provide evidence that you have strong reasons to extend your stay in Australia as a student. You did not demonstrate a clear reason to return to your home country post-study after you extend your stay.
- Financial Reason
- You do not show a sufficient amount of money which can support your study in Australia as requested by Australian Immigration.
- Uncertain Reason
- You have not indicated how your study by extending your visa will drastically improve your future. You should give your reason on why you are extending your student visa clearly.
- Information Mismatch
- All the documents provided on your visa application should satisfy the Australian Immigration. Thus, the failure to provide it will lead to a visa refusal.
- Missing a Required Document
- You have to show all the necessary documents that the department needs. If it’s incomplete, your visa application may face the visa refusal.
- Non Attendance
- In this case, when you already study while you are applying for Student Visa Extension and then you are not studying or meeting the minimum attendance. This may lead The Department of Home Affairs to Notice of Intention to Consider Cancellation (NOICC) or even refuse your visa.
2. Seek for professional assistance
You must be extra careful when reapplying for a visa or making an appeal after refusal. Otherwise, your application may be refused, again.
After you have done the first step, and understand the grounds for the refusal, you must make sure that you provide sufficient and relevant information as to why the Immigration should consider granting you a Student Visa and that you could prove that their statement was not true.
Sometimes, you need to include tons of supporting documents to your statement. This could be very stressful because you only have limited time to lodge your next application to not overstay in Australia.
Given the complex nature of the migration laws, we highly recommend that you first speak with a professional. You can contact Education ONE, we work hand-in-hand with ONE derland Consulting, a well known registered migration consultancy here in Australia.
We have more than 10-years experience in handling complex cases such as student visa refusal or cancellation.
We can assist you with your visa issues by explaining what options you may have, the potential benefits and down-sides of each alternative course of action, the estimated time and costs involved, and which option is likely to get you the ultimate outcome that you are hoping for.
Don’t underestimate the complexity of student visa extension after refusal
After your Australian student visa application is rejected, this increases the likelihood of your next application being rejected.
It is really important to hire a visa agency like our sister company, ONE derland Consulting, who is an expert in immigration law..
Some of you may think hiring a registered migration agent is an extra cost because neither he or she, nor anyone can provide a 100 % guarantee for approval.
It is INDEED more costly to get help from a registered migration agent, especially the one with years of experience when compared with an education agent or any other person.
Despite such facts, you will be surprised at how much time, energy, and even costs that you can save by hiring a Registered Migration Agent.
An Australian Registered Migration Agent is bound by a professional code of conduct. They are legally allowed to offer immigration assistance and advice.
While on the other hand, a Registered Migration Agent undertakes continuing professional development to maintain their knowledge.
They have information about the most recent migration policies and regulations. Ultimately, they have good and up-to-date knowledge of the latest immigration procedures and laws.
At ONE derland Consulting, they will let you know the areas your case needs strengthening and point out things you hadn’t even thought of.
Even if you don’t hire an agency, it is worth just having an initial consultation.
You can book a consultation with our in-house Registered Migration Agent. During the first meeting with our Registered Migration Agent, Indah Melindasari, she will let you know the visa options that are best for you and help you understand your particular case’s challenges to go away and work on the application yourself.
And if you do decide to hire us, we will do all the heavy lifting for you.
All you would need to do is send us all the information we ask for, and we do the rest.
We review all the paperwork, create and submit your next visa application (which after a rejection is a substantial amount), do all follow-ups with the Immigration, and keep you calm while waiting for your visa to be granted!
3. Reapply for your visa
Is it possible to reapply for a Student Visa after refusal? Yes, it is possible. However, you have to consider that your student visa extension refusal history will be taken into account by the Immigration when deciding on your next visa application.
Check here if cancellation or refusals affect you.
If you are outside Australia or if you do not have the right to have the refusal decision reviewed by the AAT, you may consider applying for another visa outside or whilst you remain in Australia.
Your options will be severely restricted in this case, based on the following considerations:
Section 48 of the Migration Act
This provision applies if you do not have a substantive visa (which includes any visa excluding a bridging visa, criminal justice or enforcement visa) and since last entering Australia, your visa has been refused (except on character grounds). If you are subject to section 48, you can only apply for a visa from a prescribed list while you remain onshore (including a Bridging Visa).
If your student visa is refused based on failing to satisfy Public Interest Criteria (PIC) 4020, you will be subject to an exclusion period of either 3 or 10 years. This means you will be unable to be granted a further visa to Australia for the duration of the exclusion period. You can apply to have this waived in certain limited circumstances.
Gather the information that was lacking in your first visa application
Suppose you want to try for an Australian student visa again. In that case, you must ensure that you focus on the reasons the Immigration gave for refusing your original application, and convince them that they made the wrong decision.
The case is often that Immigration doesn’t believe that you have enough incentive to go back home once your Australian visa has expired.
In this case, you will need to gather more evidence that you have reasons to return home e.g. close family bonds, a family business waiting for you to take care of, house rental/ownership, pets, job, friendship group, your favourite sportbike, or other suitable reason!
Literally, anything you can think of. There is no silly answer here.
It would be best to convince them that you will return home, or your student visa application is refused, again.
Ensure you are eligible for this visa before you apply
Are you sure you’ve chosen the right visa?
Many people apply for a visa, not realizing the choices and options they have. For example, even for the Student (Subclass 500) Visa, there are seven different streams that you should choose from, based on your proposed study program in Australia.
Immigration will not grant you a particular visa if they think another one will meet your needs and Australia’s needs.
Contact us to make sure you understand the options available for your circumstances.
4. Appeal for visa refusal
Besides the student visa re-application, you have the option of making an appeal upon your visa refusal decision to the Administrative Appeals Tribunal or AAT.
The appeal is preferable if you made the student visa application and received the refusal while you were in Australia.
You have a maximum of 21 days to appeal against refusal. The AAT will review the decision made by the Department of Immigration.
You will be subject to pay the application fee of AU$ 3,000 before the deadline for lodging the application. The process could take months, even years (average of 552 days for student visa refusal), and you should provide additional documents to contest the decision to refuse by the Department of Immigration. During the process, you are allowed to continue your studies while waiting for the AAT decision.
However, it is important for you to understand the likelihood of achieving a successful result.
How likely is the AAT to decide the case in your favour?
Do you have good arguments and facts to present?
Are these well-observed and supported with relevant case law, regulation and/or Immigration policy?
The decision should not be taken lightly and should be made in a considered and informed manner taking into account several factors which become integral.
Sometimes, it is better not to proceed with the AAT, and instead take another course of action, even if that means departing Australia.
You need to consider other factors too, which extend beyond migration matters. For instance, are you comfortable with the uncertainty that a merits review would involve; do you prefer the matters to be resolved quickly?
How will proceeding with a review affect your life in more general terms? Consider also that you are likely to hold a Bridging Visa whilst you remain in Australia awaiting the AAT’s decision.
What happens if your Student Visa Appeal – AAT application is unsuccessful?
1. Applying to the Minister to personally intervene
If your AAT appeal is unsuccessful, you may be able to apply to have the Minister personally intervene in your case.
The Minister has powers under the Migration Act 1958 to change a decision of a merits review tribunal (AAT) on a person’s case with a decision that is more favorable to that person if the Minister thinks it is in the public interest to do so.
Your circumstances would need to be unique or exceptional for the Minister to consider the matter personally.
Despite such facts, you should not assume that your request for ministerial intervention will be referred to the Minister. The Minister does not have to look at your case and does not have to intervene. The Department finalizes most requests in accordance with the Minister’s guidelines. Only a few of requests are referred to the Minister.
The Minister’s powers are not available in the following circumstances:
- There is no review decision by a merits review tribunal
- A Minister has already intervened to grant you a visa
- A tribunal has found that it does not have jurisdiction to review a decision
- A tribunal has found that the review application was made outside the time limits
- A tribunal has returned your case to us for further consideration and one of our decision-makers has made a subsequent decision on your case.
2. Applying for a judicial review
Another potential pathway is to appeal the decision to the Federal Circuit Court of Australia if your AAT review is unsuccessful.
This right to appeal also extends to refusal decisions made on character grounds, including where they are made by the Minister personally.
An appeal to the Federal Court of a decision must be made within 35 days of the date of decision notification.
Be aware also that the court can only decide whether a jurisdictional mistake has been made by the Department, which means the court will see if the decision was made according to the applicable law, and they will not consider the merits of your application and whether you should be granted a visa or not.
3. Departing Australia
If you have no further options available to you to stay in Australia, your only available approach is to depart Australia. If it is necessary for you to do so, it is crucial to ensure that you leave Australia by the requested date.
Failing to do so can result in the imposition of an exclusion period, which will restrict when you can be granted a new visa to Australia. Consider the following:
Under this provision of the Migration Regulations, if, as a result of the visa refusal you depart Australia in one of the following circumstances, you will be unable to be granted a further visa for 3 years (this can be waived in certain limited circumstances):
- As an unlawful non-citizen (meaning you do not hold a valid visa); or
- As the holder of a Bridging Visa C, Bridging Visa D or Bridging Visa E.
When you are removed from Australia (meaning you are deported as an unlawful non-citizen) as a result of failing to regularize your visa status or proceed with another option within the time-limit imposed after having your student visa refused, you will be subject to a 12 month exclusion period from Australia (this can be waived in some limited circumstances).
What will all these mean for you and what rights will you have? These are important questions which an experienced professional can help you with.
Be Patient When Waiting for decision – Don’t be Unlawful
Whether you choose to reapply for a student visa extension after refusal or make an appeal to the AAT, you will have to wait for the decision.
If you choose to reapply for a visa online, you could add some more documents that may support your on-going application. During this stage, it is also essential to maintain enough funds in your account or add up.
All in all, if you find yourself in a student visa extension refusal situation in Australia, you should fully understand the reasons for such refusal so that you can be more prepared for your next visa application or appeal, OR you can get professional assistance to do it for you.
Here at Education ONE, our consultants can advise you on your eligibility to maintain your study in Australia, as well as the current available options and resources based on your personal situation especially on student visa extension after rejection. Besides that, our sister company, ONE derland Consulting, is offering complimentary visa consultations for international students in Australia affected by the coronavirus as a way to assist our community.
Stay safe, and reach out to us, education ONE Australia through email at [email protected] or via phone at 1300 083 663. Our professional consultants, along with our in-house Australian Registered Migration Agents, ONE derland Consulting, will give you helpful insight into the possibility of your next visa application.
Share This Article, Choose Your Platform!
Most of our clients’ problems start because they started their study plan in Australia without anybody telling them what they need to do and prepare.
By joining our free phone session, we will help you plan your journey and recognize obstacles so you can avoid problems that could jeopardise your chances to study in Australia. And we are offering it to you FOR FREE.