This blog post will provide all the information on an AAT review of the Department of Home Affairs’ refusal of your application for a student visa on the basis that you did not really plan to stay temporarily in Australia.
What Decisions Does the AAT Need to Make?
The AAT will decide whether you need to stay in Australia for a temporary period of time. The AAT must be convinced there is a genuine desire to stay temporarily in Australia by taking into account:
- Your circumstances
- Your immigration history
- Any other relevant matter
How Does the AAT Make Decisions?
The AAT will look at:
- The importance of the course to your future,
- Your immigration history,
- Your current circumstances in your native country,
- Your projected circumstances in Australia,
- Any other relevant information that might be needed.
What Information Do I Need to Provide the AAT to Support My Review?
Any information that helps your case is welcome. You are not required to provide us with the details provided below, and the details you do provide us with will depend on your particular situation.
The most beneficial details to provide us with are as follows:
- Reasons for not undertaking the study in your country of residence
- Details regarding your ties to your country of origin that might help your return, such as:
- Evidence of assets or properties owned in your home country
- Evidence of the presence of your close relatives and any dependents there; Evidence of your desire to return home or start that employment there;
- A return ticket to your home country.
- Proof of your enrollment in an institution.
- Documentation of your prior education.
- Details on how the course relates to your current or planned work;
- Confirmation that you are enrolled in the programme.
- Information that clarifies any gaps in your academic record or failures to finish courses, such as medical records attesting to your sickness or other physical or mental conditions that may have affected your performance in school.
- Any information that might verify or support your claim.
- Proof that demonstrates why a particular fact in the Department’s decision is incorrect.
- Further information or documentation that supports your circumstances.
When Should I Provide the AAT With My Information?
Please provide the details as soon as you can.
A favorable decision can be made without the requirement for a hearing if the AAT is pleased with the information you provide.
Providing Evidence in a Hearing
An AAT Member will question you about your application and take into account all of the information you provide if you are required to appear at a hearing.
This often includes the case-related documents you have sent to us. If we ask you to provide information sooner, do so by the day we notify you, but no later than 7 days before the hearing.
Every piece of information you give the AAT Member is important proof. Having this evidence ready long before the hearing will help you explain your case and influence the AAT Member’s decision.
If you have any questions related to AAT Appeal, reach out to Ghothane Lawyers and we will assist you better!
News Source: https://www.aat.gov.au/AAT/media/AAT/Files/MRD%20documents/Factsheets/FS06-Student-Visa-Refusals-Genuine-Stay.pdf