Receiving news that your visa application has been refused can be a distressing experience for many people. Especially if you are an international student who just wants to include your spouse, common-law partner, or children to accompany you during your study journey in Australia but still get their student visa (subsequent entrant) application refused. What can be done after such refusal?? Here we will discuss thoroughly what options you have after getting your student visa (sc 500) – subsequent entrant application refused.
One of the benefits an Australian student visa holder has is being able to include dependent families to migrate to Australia to accompany you during your stay. Your family has the option to migrate together with you to Australia, or to subsequently enter Australia on a later date (subsequent entrant applicant). Usually, subsequent entrant application can be made once the main applicant is already in Australia.
The success of this visa application fully depends on how strong the application is in terms of documentations, financial, and information. Failure to provide the necessary information will result in a visa refusal. In spite of this, it is important to be aware that such a decision may not necessarily be the end of the road. You are still being able to achieve your migration purposes in Australia as there may be alternative options available for you to pursue.
First thing first..
Check for the reasons for your visa refusal.
Will I be able to bring my dependent family after visa refusal?
Depending on the reasons for such refusal, you may be able to …
1. Apply for an appeal
If your student visa (subsequent entrant) dependent application is refused or cancelled while the main applicant is in Australia, you might have the option to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT).
The AAT is an independent organization that reviews government decisions. Inside the AAT, specialist offices review specific sorts of government decisions.
Not all decisions are reviewable by the AAT. For instance, if the Minister for Immigration personally decides to reject or cancel your visa under section 501 of the Migration Act 1958 regarding character tests, you cannot apply to have a decision reviewed by the AAT.
What will happen after review?
The review tribunal will settle on one of the following decisions:
This is when the AAT agrees with the department’s decision to refuse or cancel your visa and so the decision that the department has given will stand.
Set aside the Department’s decision:
Meaning that the AAT has the view that the decision should be changed. The AAT may replace (substitute) the decision with a new decision.
Remit the Department’s decision:
Meaning that the AAT has the view that the decision must be reconsidered. The department is required to reconsider the application having regard to the directions made by the AAT.
Meaning that the AAT had no power to review the department’s decision.
Make Sure You Apply for a Review On Time
It is very important to comprehend and know that when you receive a refusal or cancellation letter it will state how many days you have to make an appeal for that decision. In the event that you don’t do it on time you could lose the opportunity of your application being reviewed.
2. Reapply for a visa
Besides applying for a merits review, you will have the option to reapply for your visa.
Sometimes, reapplying for a visa is preferable because it is more affordable than the AAT fees. When reapplying for a visa, make sure you have provided all the relevant documentations and information that can strengthen your application so it won’t end up on another refusal.
3. Rebut the decision for your visa refusal
If you found out that the department has missed any document or information that you have, in fact, included in your visa application, you could send a rebuttal letter to the department.
It is important to include all your claims along with supporting information and documents. You can then send it to the Immigration and wait for their final decision.
How is the chance on getting the next visa application granted
Preparing and ensuring your next visa application to be successful can be distressing. Not to mention your previous refusal that would be weighted towards your next student visa decision.
You would have to provide additional documentations and information to the required documents for normal applications. If you could supply the right documents, your chance to get your next visa application granted is high. However, the challenge is, how to be sure which documents and information to supply?
Think nothing of it, you should contact a Registered Migration and Education Agent who will make sure your next student visa application is completed and bulletproof. Get advice on what relevant information and documents to supply to the department based on your circumstance.
Be cautious! In the heat of these restrictions, You would literally be throwing your money away if you chose a Migration agency that doesn’t understand this or doesn’t put your case first.
Our sister company, ONE derland Consulting is different. We know that every client deserves to be heard. Our services are tailored to fit your individual circumstances and our top priority is getting YOU on the plane to Australia.