Is your student visa or visa extension application rejected?
Are you currently based in Australia? Are you an international student and need to appeal to the Administrative Appeals Tribunal (AAT)?
If your answer is a “Yes”, then you must know about how to appeal for visa rejection?
Most students come to Australia for further study to make their career bright. But having good qualifications, good background check, passport, and financial condition are not enough. One of the most important documents is visa stamp. No matter how precisely you apply for the extension visa application, it can get refused or denied. There are various cases of Australian student visa application is being refused. Sadly, student visa refusal will impact on your career and upcoming future plans. If you go through a case of Australia visa refusal, here is rather you can do – you can submit an appeal to AAT (Administrative Appeals Tribunal) through experienced Immigration lawyer in Melbourne.
Although before proceeding on to this, you must check if your existing Australia visa is still valid or non. In case it’s under the validity, you will have the choice to re-apply for the study visa. This will help you save you around AUD 1500 – 2000 on the AAT application fee. Although, it’s advised for you to seek a visa application from a professional Immigration lawyer who would take care of the GTE statement all along with other supportive documents.
If your Australian student visa is refused within of Australia and you wish to apply for AAT appeal, you must follow some Important steps:
- The first step requires submitting your appeal in AAT. This process seems quite difficult to do. If you have a Bridging Visa, then your only way is through AAT and that too in a particular time period.
- In sort to appeal, you need to pay a specific fee which is around AUD 3000 at current. You should be ready financially as well as passionately as it is time consuming process.
- Now comes to the point where you have to prepare the appealing letter to represent to AAT. It is quite like the genuine temporary entrant (GTE ) statement, however detailed case officer concerns. If you are appealing to AAT, you ought to support them with detailed information about your case, Immigration history and other relevant necessary information for the appeal. Being a legitimate student and performing all the conditions on time is essential to improving your prospects at AAT.
- Once you have applied for appeal, the AAT representative officer will send their decision concerning your appeal or ask you to share more detailed information.
- You have to be patient with the procedure, as it is normally time-consuming process. Once all the details are submitted, the hearing date will be revealed.
- AAT usually takes the judgment concerning the case by collecting information about the candidate. This involves their situations in their home country, the value of the course in potential, and their immigration background history.
- You should always deliver them with accurate information and evidence of the details stated in the letter as it helps in making decisions in your favor.
- If a trial date is revealed, you are permitted to bring files and get eyewitnesses or people to show genuine purposes at the hearing. One more thing keep in mind that, do not communicate more than you are asked.
- The decision is fairly simple after the AAT hearing. If the AAT decision gets in your favour, the appealing fees will be returned, but if the judgment stays the similar i.e., remain student visa refusal, then half of your appealing fees will be returned.
- Finally, be ready for the appeal and their decision/judgment as it may or may not be in your favour.
So, Let’s assume, if your visa refusal appeal gets refused by AAT, don’t be sad, you can still attempt through below ways:
- Application to Federal Court – It can be taken further in particular cases if a legal mistake is found in the decision taken by the AAT.
- Appeal for Ministerial Intercession – By creating an appeal to the minister for a special favour to permit the visa by offering some great justification. If your cases are genuine and remarkable, you may get support from the minister.
It is recommended to carefully collect all the evidence, documents that have led to visa denial in the first place. You must evaluate your errors and make sure that you do not go over them. This is important as there is no way out if the visa gets denied all over again.
How Long Does the Appeal Process Take?
|Visa Type||Average Processing Time in Days|
|Temporary Work Visas||885|
|Permanent Business Visa||933|
|Skilled Work Visas||578|