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How To Appeal For A Student Visa Refusal In Australia? - Business - Nairaland

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How To Appeal For A Student Visa Refusal In Australia? by ghothane: 10:02am On May 08, 2023
Most students want to study in Australia. However, having good credentials, a passport, and money is not enough. One of the most important documents is the student visa. No matter how diligently one applies for the visa, it may be refused or cancelled. There have been multiple cases of Australian student visas being denied or rejected. Here is what you can do if your visa is refused in Australia. In such instances, you can file an AAT appeal letter in Australia for the visa appeal.

Knowing how to appeal an Australian visa rejection and receiving legal guidance on the appeal procedure will improve your chances of success. This article will go over the procedure of appealing to AAT for your Australian student visa refusal.

What Was the Reason for Your Student Visa Refusal?

Before we begin the appeals procedure, we must first understand why the request was rejected in the first place. A student visa application may be denied for a variety of reasons, including:

Incomplete or inaccurate application information
Failure to meet the eligibility requirements for the visa you requested
Providing incorrect, fraudulent, or misleading information in your application
Failure to provide all necessary supporting documentation
Failure to meet health or character requirements

How Does One File an Appeal if an Australian Student Visa is Refused?

The following are the processes to take if you want to appeal a student visa refusal:

Submit an Application to the Administrative Appeals Tribunal (AAT) -

If the Australian student visa is denied, apply to AAT, which will examine the federal government's judgements. It is the sole entity authorised to assess the merits of visa applications.
They re-examine the visa application being filed by scrutinising all papers, proofs, forms, and information presented.
Refusal appeals can be submitted online or by paper application.
If there is a nominee, they may submit the application on the behalf of the applicant.

Pay the Appel Fees

An extra charge of about AUD 1,826 is required for the appeal application. Fees can be lowered by up to 50% if there is a financial hardship.
Fees must be paid before the deadline for filing the appeal.
Credit cards, checks, and money orders are all accepted forms of payment.
If the appeal result is not in your favour, the AAT will refund your money.
If the result is favourable, half of the price will be refunded, either from the full or reduced fee.
To obtain a refund, you must complete a form issued by the administration.

How Can One Tell if the AAT Got the Appeal Request?

Following a complaint, AAT will send a confirmation email confirming receipt of the appeal request. The email will give further information about your request and the most probable procedure to be followed.

How Much Time Does the Appeal Process Take?

The processing period varies depending on the case type; however, on average, it takes between 12-18 months.
Student visa refusal is expected to take around 530 days, while student cancellation will take approximately 450 days.

How Does AAT Handle an Appeal Hearing?

The hearing takes place at the AAT hearing room in the the applicant's nearest state capital. AAT will reach out to the person and notify him or her of the date, time, and location of the hearing.
AAT appeals are usually heard in person so that they may tell their side of the story and explain why they identified a problem with the department's student visa denial.
The applicant must be adequately prepared with supporting documentation and verify that all legal standards are met.

Common Outcomes of Student Visa Refusal Appeals in Australia

Depending on the type of appeal and the evidence submitted, there are numerous possible outcomes. Some of the possible results are:

The AAT upholds the previous judgement, which means your visa will remain denied.
The AAT reverses the initial judgement and issues you a visa.
The decision is sent back to the Department of Home Affairs for review by the AAT.

Conclusion

Getting a student visa to migrate to Australia permanently is a complicated procedure, and a visa refusal may be discouraging. There are, however, options for appealing a visa refusal in Australia. The AAT application procedure is one of the most common appeal methods.

Before filing an appeal, it is important that you understand the grounds for your visa refusal and get legal counsel. If you have any queries about AAT appeals, please get in touch with Ghothane Lawyers and we will gladly assist you in acquiring your student visa!

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