Administrative Review Tribunal (ART) data shows 496% raise of student visa lodged for appeals in Australia by onshore applicants.
If your student visa application is refused while you are in Australia, we are sorry to hear that and realise it’s happening all over the country.
This is indeed terrible news because your time and money commitment might be lost.
Therefore, what ought you do in this type of situation?
To gain insight and make well-informed decisions on your future course of action, you may either read this article or take advantage of our complimentary 20-minute consultation.
Okay, let’s get into a quick read about why student visa Australia is refused onshore is happening, what’s coming from it, and how education ONE can fix it.
Why do Student Visa Australia Applications Get Refused for Onshore Applicants?
Onshore applications for student visas are typically made for two reasons: to extend an existing student visa or to convert an existing visa to a student visa.
Some possible contributing elements to the refusal are listed below.
Insufficient Financial Proof
In Australia, foreign students must have enough money to pay for living expenses, tuition, and travel for at least a year.
You should have at least $29,710 + $25,000 + $3,000 = AU $57,710 ready if you use the average estimate.
Given that you have shown the money exceeding the stated amount, there’s one more factor that could be the reason: the source of the funds.
If you’re using a sponsor, make sure you really have access to the source of funds and prove your relationship with the sponsor.
The point is if the refusal of an Australian student visa occurs either onshore or offshore and you have sufficient funds, you should consider three key factors:
- lack of evidence of your relationship with them
- absence of their identity documents, and
- lack of evidence of any financial support they have given you or another student visa holder in the past.
Health and Character Requirements
Health and character requirements are in place to prevent individuals from posing a risk to the Australian community.
All forms of visas, including student visas, must meet these requirements.
- Health requirements: See if you have any health problems listed on the list of health problems that restrict entry to Australia.
- Character requirements: See if you have problems such as criminal acts, visa problems, related to someone who is dangerous, etc.
Please see this link for more specific details on the character requirements for student visas.
Genuine Student (GS) requirements
Your genuineness of intent to study will be a factor in the decision.
Academically speaking, inadequate study plans, gaps in your academic history, and questionable post-study intentions may all be grounds for your onshore student visa application to be refused.
And from a non-academic perspective, prolonged absence from your country of origin and excessive work hours compared to study hours can also be reasons for refusal..
What is the Impact if Your Australian Student Visa is Refused Onshore?
If your Australian student visa is refused onshore, you’ll fall into the Section 48 category. This means you’ll be restricted from submitting other visa applications onshore.
You are finally forced to appeal to the Administrative Review Tribunal (ART) in order to continue your education because of this S48 restriction.
You cannot stay in Australia without a valid student visa, regardless of when you are in the middle of your studies, at the conclusion of the semester, or at any other time.
Starting from the loss of the opportunity to study, there are two more direct impacts that follow:
- Loss of investment: The time and money you’ve spent on living and tuition fees may be lost.
- Mental health: Uncertainty and fear about future steps can impact mental health.
Consider the long-term effects as well.
In order to make informed decisions in the future, you also need to think about how a student visa refusal will impact you over time.
Future visa applications will require more effort as immigration may flag you as a potential risk.
You should explain the reasons for the refusal of your student visa as well as the actions you have taken to resolve the matter.
If you cannot provide a satisfactory explanation, there is a high risk of future visa applications being refused.
Do This to Overcome an Onshore Student Visa Australia Refusal
You can file an appeal with the Administrative Review Tribunal (ART) to overturn the refusal of an onshore Australian student visa.
Appealing to the ART is the only way to maintain your academic status and ensure it continues uninterrupted.
What are the reasons for filing an appeal?
There are three main reasons why you might appeal, such as:
- If you believe that the immigration officer has made an error in the use of law and facts in assessing the student visa application.
- If you believe there was an unreasonable decision or injustice made by the immigration officer.
- If you have proof that there is new evidence that you can show that is not listed in the refused student visa application.
How does the onshore appeals process for an Australian student visa work?
The refusal letter for your student visa will specify if you can file an appeal.
So, first check your refusal letter.
If you are eligible to appeal, do the following steps:
- Visit the ART website and click on “Create an account” and follow the instructions.
- Fill in all the required information about the previous decision
- Prepare relevant documentary evidence to support your appeal.
- Consult with an Australian registered migration agent to prepare your case effectively. Identify the grounds for appeal, required documents, and any other necessary steps. Schedule a consultation with our experts.
- Pay the appeal fee
- Submit your completed application, and
- Wait for the outcome of your appeal.
Get help with your student visa appeal from start to finish to maintain your study status! Consult with our experts for free.
