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From the first same-day response to the conclusion of your case, you’ll have direct access to a lawyer.
Our experienced lawyers will give you regular updates and clear explanations of your appeal and review pathways.
We offer a satisfaction guarantee in relation to your representation in appeal and review matters.
We will discuss payment options available for your appeal or review.
Student visas may be refused on the basis of:
The nature of addressing a refusal is a much more complex process than applying for a visa. As such, it is important for visa applicants to understand the individual circumstances surrounding their refusal and take appropriate steps to effectively resolve the underlying issues. Therefore, seeking professional advice from migration lawyers who are proficient in migration law is strongly advised.
Dealing with a visa refusal depends on the individual's specific situation, the grounds for the refusal, and the type of visa being sought. In some cases, a refusal can be reviewed at the Administrative Appeals Tribunal (AAT)'s Migration and Refugee Division where a tribunal member assesses the Department's decision to determine if it was the correct one. In limited circumstances, individuals may choose to further appeal an AAT decision to the Federal Court for judicial review if the AAT has made a legal error. It's essential to emphasize that appeals are subject to strict time limits and so it is imperative to act quickly when a notice of refusal is received.
Visa applications are a complex process and require a long waiting period for a decision and so it is important to ensure that:
In most cases, a refusal means that you will not be able to obtain the visa you applied for and thus a rejection of your entry into the country. If you effectively address a refusal by way of a successful visa appeal or by submitting a new visa application, you may be compelled to leave Australia.
In the event of a successful visa appeal, the Department of Home Affairs is inclined to approve the applicant's visa. Conversely, if an appeal at the AAT proves unsuccessful, there is a possible recourse for challenging the decision in the Federal Circuit Court, albeit subject to limited circumstances and specific criteria. When pursuing a Federal Court appeal is not a viable choice, visa applicants must arrange to leave Australia if they are currently within the country or refrain from entering if they are outside Australia.
Australian Migration Lawyers is composed of a highly proficient team well-versed in immigration law which includes complex cases involving student visa refusals. Our primary objective is to facilitate access to justice, a commitment we uphold by providing assistance to individuals who entrust us with their visa refusal concerns.
Our professional fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about the total costs associated with their visa appeal. We offer payment plans based on different financial needs to provide flexibility for our clients.
Fees in relation to Tribunal and Court appeals vary depending on the options available for a visa refusal in your particular circumstances.
Navigating a visa refusal can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you with the next steps.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most commonly asked questions about student visa refusals:
Individuals who applied for student visas offshore are not entitled to rights to appeal the refusal decision to the AAT.
Starting on October 1, 2023, student visa applicants will be required to demonstrate they possess a minimum of AU$24,505 in savings to meet their annual living costs in order to meet the financial capacity requirement. Failure to provide evidence of this may lead to a refusal.