SA Student Visa Rejected - Dealing with AAT?

Discussion in 'Immigration Law Forum' started by rogersmith, 10 October 2018.

  1. rogersmith

    rogersmith Active Member

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    My student visa was rejected on the grounds that I did not meet the GTE requirements. I have lodged an application for a review to the AAT. The COE/course attached to the student visa has finished (July 2018).

    The AAT has not listed my review. What will happen if the AAT is successful? Will I be on a substantive visa or will I continue on a bridging visa? while I wait for the AAT to list my review can I enrol in another course (for example Advanced Diploma)?

    regards
     
  2. Tim W

    Tim W Lawyer
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    Did you have the option of internal review prior to going to the AAT?
     
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  3. rogersmith

    rogersmith Active Member

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    No I wasn't given an option for internal review.
     
  4. Tim W

    Tim W Lawyer
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    On what basis do they say they that you don't meet GTE?
     
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  5. rogersmith

    rogersmith Active Member

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    Hi Tim, I'm not worried about satisfying the GTE requirements in the AAT. I'm more focused on the procedural steps after the AAT makes a decision, especially as I have finished my course. Do you know whether the AAT overturns the delegates decision? Will I be on a substantive visa or because the course has been finished for more than 3 months, will I be on another bridging visa? And should/could I enrol into another course while I wait for the AAT to list the matter?
     
  6. Tim W

    Tim W Lawyer
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    So, let me see if I have this right...
    You had a student visa. Your course is now finished.
    You have not yet gone home, and you never really intended to?
     
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  7. rogersmith

    rogersmith Active Member

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    The last ascertain is not correct. My de facto partner is completing her masters. Once she completes that course we will return home. I ask again if the AAT rules in my favour will I be granted the student visa or because my course is finished I will only be placed on a bridging visa?
     
  8. Tim W

    Tim W Lawyer
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    If the course for which a person was originally granted a Student Visa has finished,
    then the premise for that visa no longer exists, and it will either expire, or be liable to cancellation.

    A person is unlikely to be granted a (further) Student Visa if they are not
    (still, or again) a genuine student.
    Even if a person enrols in something else, the student will still need to be genuine,
    and the department will still need to be convinced of that before granting that person a new student visa.
    So, the Pharmacy graduate who enrols in hairdressing just so that they can stay in Australia
    is not certain of getting a visa.
    And they (mostly) don't need to, if they have applications and/or appeals/reviews on foot.

    The purpose of a Bridging Visa is to enable a person to stay in Australia while a decision is made
    about their application for another class of visa. This can be days, or years.
    A person can be (but is not always and not automatically) granted a Bridging Visa for the duration of an appeal process.
    The AAT can make this decision (it's called "making a substitute decision"), but more commonly, will remit the original application
    to the department to be remade.

    A Bridging Visa does not operate (and cannot be granted) to enable you to stay in Australia
    while somebody else (who is not on a, say, a Spouse or Partner Visa linked to yours)
    finishes a course for which the other person has been granted a visa in their own right
    (even, say, for the few weeks remaining in academic year 2018) .

    There is almost always a known date by which a person has to depart. If a person remains in Australia after that date,
    then they typically become an unlawful non-citizen, and are at risk of arrest and being placed in Immigration Detention,
    prior to being deported.
     
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  9. rogersmith

    rogersmith Active Member

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    Thank you for your comments and time
     
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