By reading this article, you can potentially save yourself thousands of Australian dollars, countless hours of research, or even your student visa. We’ll walk you through the most common mistakes students make during the AAT (Administrative Appeals Tribunal) appeal process and while waiting for a hearing.
Where to Start?
If your Australian student visa was refused while you were in Australia, you have the option to appeal the decision to the AAT. You’ve probably been informed of this by your visa refusal letter or your education agent. Before you take any further action, here are three key things you need to know:
1. AAT Appeals Are Expensive
The application fee for an AAT appeal is $3,496 AUD. In limited circumstances, you may qualify for a 50% fee reduction. However, claiming you don’t have the funds to pay the fee could lead to a breach of your student visa requirements, resulting in your visa being cancelled by the AAT for not meeting Ministerial Direction No. 106. On the bright side, if you win your case, you’ll receive a 50% rebate.
2. AAT Appeals Take Time
Currently, the waiting time for a hearing can be up to 2 years, with most invitations arriving within 1 to 1.5 years. During this time, you’ll need to continue your studies, pass all assessments, and take exams, even though you won’t know if your visa will ultimately be granted or refused.
3. You Won’t Have Working Rights Until a Decision is Made
While you can apply for a different bridging visa that includes working rights, most applicants are denied these rights. This is due to the requirement that you must have enough funds to support yourself during your studies without working.
Before You Apply to the AAT
Even if you meet the above requirements, there are still circumstances where your AAT appeal might be refused:
1. If you don’t meet English language or other student visa requirements.
2. If you have engaged in criminal activities in Australia.
3. If your visa refusal letter doesn’t mention the right to a review.
(Look for a statement like: “The Department cannot consider your visa application any further. However, you are entitled to apply to the Administrative Appeals Tribunal (AAT) for a merits review of this decision.”)
Even if you don’t meet all the criteria, there are limited circumstances where you can still apply to the AAT. Let’s explore how.
Applying to the Administrative Appeals Tribunal (AAT)
If you are a genuine applicant willing to proceed, here’s what the application process looks like:
1. Initiate the AAT Appeal
Complete the AAT application form, attach your visa refusal letter as primary evidence, and submit the application fee. Remember, you need to start this process within 21 calendar days of your visa refusal.
2. Draft Your Appeal Letter
Clearly state why you disagree with the decision. This letter is also an opportunity to address anything you may have missed in your original Genuine Student statement. Start working on it immediately while the details of your case are fresh in your mind.
3. Compile Supporting Documents
Gather all relevant documents to support your appeal. This may include evidence of English proficiency, financial stability, or any other personal circumstances that support your case. The same timeframe as for appeal letter.
4. Prepare for the Hearing
Review all the documents and evidence you submitted. Be honest during the hearing; the staff will have access to various records, so it’s better not to lie. If English isn’t your first language, consider using a translator to ensure clear communication.
5. Receive the Decision
A decision is usually made within 14 days after the hearing, but you will now the outcome at the end of the hearing. Note. If the AAT acknowledges your appeal letter and attached evidence, they could approve your visa application without the need for a hearing.
Compliance During the Waiting Period
While waiting for your hearing, you must comply with all student visa conditions:
– Continue participating in an eligible course of study.
– Maintain Overseas Student Health Cover (OSHC).
– Work no more than 48 hours per fortnight when your course is in session.
– Keep your Confirmation of Enrolment active.
– Meet English language requirements.
– Ensure you have enough funds for your stay.
– Show that studying in Australia is the primary purpose of your visa.
– Meet character requirements and repay any debts to the Australian Government.
Common Mistakes That Lead to AAT Appeal Denials
– Not attending classes regularly.
– Failing too many subjects.
– Working more hours than allowed by your visa.
– Engaging in criminal activities.
– Not paying tuition fees.
– Canceling your courses.
– Enrolling in a course unrelated to the one you appealed.
– Failing to pay taxes in Australia.
and many more…
Feeling Overwhelmed?
It’s natural to feel the need for help, given the complexities involved.
So, who should you turn to?
Who Can Help?
– Migration Lawyers and Agents: Professionals with rich experience in AAT appeals can help draft your appeal letter, gather the right documents, and prepare you for the hearing.
Who Should You Avoid?
– Yourself: If your visa was refused due to a poorly written Genuine Student statement, handling the appeal on your own is risky.
– Friends: Even if they’ve won a “similar case,” your situation may be different, leading to another refusal
You might think that your situation is unique and that you need to hire someone with superficial authority?
Remember, most visa refusals stem from common issues. Below, you’ll find some of the most common reasons for visa denials.
FREE Australian student visa assessment.
We love assisting international students and providing guidance to help them achieve the best results. If your visa is refused, submit it to us for further support. (CLICK HERE)
Check out some recent success stories and client testimonials to see how others have turned their situations around.
Here’s what our clients have to say about their successful visa recoveries.
In conclusion, navigating the AAT appeal process can be challenging, but with the right knowledge and support, it’s possible to turn a visa refusal into a success. Whether you’re struggling with the complexities of your appeal or simply need guidance to ensure everything is in order, don’t hesitate to seek professional help. Remember, your future in Australia is worth the investment. By avoiding common mistakes and taking the right steps, you can significantly improve your chances of securing your student visa and continuing your journey. Reach out today to ensure your appeal is handled with the care and expertise it deserves.
