STUDENT VISA REFUSAL IN AUSTRALIA

It can be distressing and worrying to know that your student visa has been either rejected or cancelled. As such, it is important to understand the reasons behind such a decisions and your options moving forward.

Possible Reasons for Refusal or Denial of Student Visa

There are many possible reasons for the refusal or denial of your student visa including:

1. Failure to respond or reply to an Embassy’s or Immigration Case Officer’s request
2. Inability to fulfil character requirements
3. Unable to meet health requirements
4. Incapable of meeting living cost requirements
5. Failure to provide evidence of English Language Ability
6. Provision of fraudulent documents
7. Having questionable motives to study in Australia
8. Long periods of unemployment or leave from education
9. Being unaware of the course programme
10. Lacking solid ‘future plans’ regarding the course of study in Australia
11. Undertaking unrelated programmes to the existing qualification

Whether a student can reapply after their visas have been refused or cancelled largely depends on the circumstances and reasons of refusal or cancellation.

The initial step after a refusal or cancellation of a visa is extremely important. The first step is to act quickly. In situations where a review is entitled, the student must apply within a specific timeframe (i.e. there are shorter timeframes for refusal based on character grounds). Missing the deadlines can have grave consequences such as losing the right to appeal; forcing students to leave Australia immediately.

Important documents

Important documents to review when a visa is refused are cancelled are:

1. Notification of application refusal – this contains information including date of refusal, date of receipt of refusal notification, review rights, current visa status, information about lodging another visa and information about review application
2. Decision Record – this contains information including the right to apply for a review of the decision, the due date of review application and current visa status in Australia

Potential options:

Depending on your circumstances, there are many avenues to explore after receiving a refusal or cancellation including:

1. Merits Review – to appeal the decision
2. Applying for another visa whilst remaining in Australia
3. Leaving Australia and applying for another visa from ‘offshore’

It is important to keep in mind that a visa refusal may also cause subsequent visa applications to be rejected or denied. Staying in Australia without a valid visa is considered a serious offence, therefore, it is vital to ensure proper steps are taken.

If you need to apply for a student visa, your visa has been cancelled or if you wish to apply to appeal the decision, Straits Lawyers are here to help. We are now offering online services in both English and Chinese.

Straits Lawyers is evolving! With our recent growth and development, we have expanded and are excited to announce the launch of our new name HandO Lawyers. Stand by for the new age of legal representation brought to you by HandO!

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.