Four Steps to Secure Your Study After Student Visa Extension Refusal in Australia
Are you an international student studying in Australia and intend to extend your student visa due to certain reasons? A visa extension in Australia might be tricky for you. 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 plan, but what happens next when you experience this? This article will give you insights on what you should do if your Australian student visa gets refused, 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 case. 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. Learn on how you can still secure your study, even your visa, after student visa extension refusal. Read till the end and become worry-free!
Running on a tight schedule? Here what this article highlights:
- Some research and understanding of the reasons for your student visa extension refusal will help you ‘get your next application right’.
- You have the chance to reapply for a Student Visa or to send an appeal for student visa refusal to the Tribunal in 21 days.
- It is very likely for your visa application to be refused again after the first refusal, don’t risk it and why you should hire a professional.
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.
So you decided to migrate to Australia to study. You got a student visa approved, but then something happens during your studies. Suppose you are in a situation where you cannot finish your study on time before the end of your first student visa. In that case, you must apply for a student visa extension.
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. 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 got 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!
Generally, you have these four options should you end up in this kind of situation.
1. Do some research and understanding.
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 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.
2. Seek professional assistance
As discussed previously, 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 to grant you a Student Visa and that you could prove that their statement was not true. Sometimes, you need to include tens of supporting documents to your statement. This could be very stressful because you only have limited time to lodge your next application to not overstaying 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 for we work hand-in-hand with ONEderland Consulting, a registered migration consultancy 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. Being well informed will give you your best chance of achieving this. providing advice and solutions. All you need to do is send us the information required, and we will handle the rest.
3. Send another application for Student Visa or appeal to the Administrative Appeals Tribunal (AAT)
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.
Besides the student visa reapplication, 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$ 1,826 before the deadline for lodging the application. The process could take months, even years (average of 497 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 AAT application is unsuccessful?
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.
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.
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.
Special Return Criteria (SRC) 5002
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.
Here are some points you may wish to consider at this stage:
1. 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.
2. 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.
3. Get advice from a certified Australia migration agent.
Because 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 Perth, who knows what they are doing. 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. They are better equipped to cope with them.
At ONEderland Consulting, we can 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 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!
4. Waiting for decision
Whether you choose to reapply for a student visa 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. Besides that, our sister company, ONEderland 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 +618 6102 1118 (Perth Office), +612 800 54777 (Sydney Office), or +613 9010 6100 (Melbourne Office). Our professional consultants, along with our in-house Australian Registered Migration Agents, ONEderland Consulting, will give you helpful insight into the possibility of your next visa application.
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.