This year, the refusal rate for student visa refusal Australia has increased, particularly for applicants from South Asian countries. Students with genuine intentions to pursue further education, attracted by the world-class standards of Australian institutions, are understandably anxious about their student visa applications.
Statistically speaking, the approval rate for student visas remains high for university or postgraduate courses. According to data from the Australian Department of Home Affairs, the approval rate for these categories typically exceeds 95%. However, the approval rate for student visas for language or vocational education courses (such as TAFE) is significantly lower, sometimes falling below 50%.
Therefore, if an applicant is applying for a university degree or progressing from undergraduate to postgraduate studies or from postgraduate to a PhD, the refusal rate is generally low.
Conversely, suppose an applicant has already completed an undergraduate or postgraduate degree but suddenly expresses interest in vocational courses and applies for a student visa for vocational education. Or, the applicant directly applies for a visa linked to a vocational education program from overseas. In that case, the Department of Home Affairs may question their motivation. They may suspect that the application aims to extend the applicant’s stay in Australia or that the student visa is being misused for another purpose. In such cases, the refusal rate tends to be higher.
We cannot overlook the possibility that applicants who have already completed higher education qualifications may still choose to pursue vocational education due to personal passions or strategic plans for immigrating to Australia. It is acceptable to study vocational courses as part of a straightforward career path and facilitate immigration, as long as the student visa is not used for purposes that violate Australian laws. Unfortunately, even in such cases, the refusal rate may still be high.
The Genuine Temporary Entrant (GTE) Requirement
One of the key criteria assessed by the aus student visa application process is the Genuine Temporary Entrant (GTE) requirement. This criterion ensures that the student genuinely intends to stay in Australia temporarily for the purpose of study and will return home after completing their course.
To meet the GTE requirement, applicants should:
- Demonstrate Strong Ties to Their Home Country: This includes family connections, employment prospects, or property ownership.
- Provide a Clear Study Plan: Show logical progression in their academic or professional career.
- Explain Any Gaps: Account for any breaks in education or employment history.
Health and Character Requirements
Applicants must meet certain health and character standards to be granted a student visa Australia. This involves undergoing health examinations and providing police certificates. Factors that might affect these assessments include previous criminal records or health conditions that pose a public health risk. This is a main requirement for student visa refusal Australia.
Common Reasons for student visa refusal Australia
- Incomplete Documentation: Failing to submit all required documents or not providing certified translations can lead to refusal.
- Financial Misrepresentation: Providing false financial information or insufficient proof of funds can result in a visa being denied.
- Inconsistent Information: Discrepancies across application materials, such as personal statements and supporting documents, can raise red flags.
Financial Requirements in Detail
Applicants applying for an au student visa need to prove they have sufficient funds to cover tuition fees, living expenses, and travel costs.
Acceptable forms of financial evidence include:
- Bank statements showing savings history.
- Loan documents from a financial institution.
- Scholarship letters.
English Language Proficiency
Proficiency in English is essential for obtaining a student visa to Australia. Accepted tests include IELTS, TOEFL, and PTE Academic. The minimum score requirements vary depending on the course and institution.
What to Do After a Visa Refusal?
1. Offshore Applicants
If the applicant’s visa application is refused while they are offshore, they can reapply. When reapplying, the applicant must demonstrate that they are a genuine student by providing the following supporting documents:
- Proof of living expenses: For example, the student or guardian needs to provide proof of AUD 24,505 in funds.
- Personal circumstances: Including ties to family, community, employment, and financial status.
- Reasons for choosing the course and institution: Explain why they chose to study this course in Australia and demonstrate an understanding of the course and life in Australia.
- Future impact of the course: Explaining how completing the course will positively impact the applicant’s future development.
- English language proficiency
- Other relevant documents
2. Onshore Applicants
If the applicant’s student visa application is refused while they are in Australia, they will be subject to Section 48 (S48 bar). This section restricts the applicant from applying for most visas while onshore, leaving the option to appeal to the Administrative Appeals Tribunal (AAT).
Approximately 95% of appeals take nearly two years before a hearing is scheduled. During this period, the applicant is usually granted a Bridging Visa A, allowing them to remain in Australia legally and continue studying.
Whether they are allowed to work depends on the work conditions of their previous visa (usually no more than 48 hours per fortnight). It is a complicated question that may require detailed analysis according to a specific case.
For the hearing, the applicant still needs to prove that they are genuine students by providing evidence mentioned in the above section. In addition, they might need to add evidence that they have attended their schools (Academic transcripts, Receipts for tuition fees, etc).
Options Under Section 48 Bar
While under the Section 48 bar, applicants have limited visa options. However, they may consider:
- Partner Visas: If eligible, applying for a partner visa can be a pathway.
- Bridging Visas: To maintain legal status while awaiting the outcome of an appeal.
Strategies to Strengthen Applications
- Personal Statement: Write a compelling Statement of Purpose (SOP) that clearly outlines study intentions and career goals.
- Academic Progression: Choose courses that show logical academic progression.
- Professional Assistance: Seek advice from registered migration agents or education consultants.
Support Services for Students
- Resources: Organisations such as legal aid services and student unions offer assistance to international students facing visa issues.
- Counselling: Access counselling services to help cope with the stress of a visa refusal.
Impact on Future Applications
A refusal of student visas Australia can affect future visa applications to Australia or other countries. Applicants should:
- Address Previous Refusals: Be honest about past refusals in new applications and explain the circumstances.
- Mitigation Steps: Show steps taken to address the issues that led to the refusal.
Further Plan
If the AAT appeal is successful and the student visa is granted, the applicant can proceed to apply for the 485 Graduate Visa.
If the AAT appeal has not yet been heard, but the applicant’s studies have already concluded, the AAT case may be dismissed due to the completion of studies. However, at least during the appeal period, the applicant can complete their studies in Australia.
Or, if the AAT appeal has failed while the applicant is still studying, then the applicant needs to cease his studies and likely need to return to their homelands.
In Conclusion
Student visa refusal Australia can be a challenging experience for applicants, as it may disrupt their plans and shatter their dreams. To help you navigate this difficult time, it is advisable to seek professional assistance from the Longton Legal Team.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
