Student Visa Refused/ Rejected

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Your Possible Options

If you have just received notification that your Student Visa Application has been refused, it is important that you obtain legal advice as soon as possible. 

The urgency arises because the longer that you leave it, the less options you will have. 

Depending on your individual circumstances, possible options available to you may include:

• Accepting the refusal decision
• Re-lodging a new application
• Applying to appeal the refusal decision at the Administrative Appeals Tribunal (the Tribunal)

Lodge a New Student Visa Application

In some circumstances, with the right legal assistance you may be able to successfully lodge a new Student Visa Application . If this option is available to you, it may possibly be the preferred option. 

At Visa & Citizenship Lawyers, we lodge Student Visa Applications for students who have had a previous visa refusal. Many student visas that are refused are refused because the Department of Home Affairs finds that the student does not meet the Genuine Temporary Entrant (GTE) criteria. If your visa has been refused because of not meeting the GTE criteria, you will need legal assistance addressing the GTE criteria in any new visa application. 

We work closely with students to address the issues why the visa was refused and we carefully construct submissions to support any new application. 

​We can help you choose the best study pathway. 

Example 1*

Raph is an Argentinian student who has been studying a marketing diploma in Sydney for the last 2 years. As Raph is coming to the end of his marketing diploma, he self-lodges a Student Visa Application to study hospitality in Melbourne. Raph is notified that his self-lodged Student Visa Application has been refused. Raph books a consultation with Visa & Citizenship Lawyers. Visa & CItizenship Lawyers advise Raph that because he still holds his original student visa, his best option at this stage would be to lodge a new Student Visa Application with careful legal assistance. Raph engages Visa & Citizenship Lawyers to lodge a new Student Visa Application for him. Visa & Citizenship Lawyers works closely with Raph to draft a strong application which includes submissions and a detailed Statutory Declaration which his previous self-lodged application did not. Raph is granted a student visa and moves to Melbourne to study hospitality.

Example 2*

Steph is a Greek citizen who lives in Greece. She self-lodged a Student Visa Application to study in Brisbane but her application was refused. She contacts Visa & Citizenship Lawyers for a consultation.

Visa & Citizenship Lawyers advise Steph that a new Student Visa Application with careful legal assistance would be her best option. Steph engages Visa & Citizenship Lawyers to assist her with her Student Visa Application.Visa & Citizenship Lawyers lodges a carefully constructed application and Steph is granted a student visa. Steph moves to Brisbane to study.

Tribunal (AAT) Review

The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what’s known as an invalid application and if it’s an invalid application, you will have no review rights at the Tribunal.

One of the benefits of having your matter reviewed at the Tribunal is that the Tribunal is not a part of the Department of Home Affairs who refused your Student Visa Application.

The Tribunal hearing is what’s known as a Merits Review and a Merits Review is basically a second chance. At a Merits Review, all the information that you have submitted that was included in the original work sponsored visa application will be considered. Additionally, any evidence that we are able to compile for you up to and including the date of the Tribunal review hearing, will also be considered.

What Visa & Citizenship Lawyers will do for you if you want to appeal to the Tribunal

Visa & Citizenship Lawyers will:

• Assess the refusal and inform you of the strengths and weaknesses of your case;
• Lodge a review application with the Tribunal;
• Inform you what information will help your case and guide you during the waiting time for the Tribunal review with preparing evidence;
• Work with you to draft detailed Statutory Declarations supported by evidence;
• Draft detailed Submissions and lodge with the Tribunal;
• Attend the Tribunal hearing with you and assist you in presenting your case before the Tribunal;
• Draft further detailed Submissions (if necessary), before the Tribunal Member has made their decision.

Example 3*

Zorik is a Romanian citizen who studied Arts in Brisbane. Zorik completes his studies in Brisbane, but wishes to continue to study in Sydney and self-lodges a Student Visa Application to study to become an electrician with TAFE in Sydney. Zorik’s original student visa expires and he goes onto the bridging visa that is associated with his 2nd Student Visa Application while he is waiting for the application to be processed.  Zorik receives notification that his student visa application is refused.                                         

Zorik arranges a consolation with Visa & Citizenship Lawyers and based on the information that he provides, he is informed that his best option to continue to stay in Australia and study is to have the matter heard at the Tribunal. Zorik engages Visa & Citizenship Lawyers to handle the Tribunal hearing. Zorik continues to study while he waits for the Tribunal hearing which is 12 months later. Visa & Citizenship Lawyers assists Zorik at the Tribunal hearing, the student visa is granted and Zorik completes his studies.