SA Student Visa Rejected - Dealing with AAT?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

rogersmith

Active Member
10 October 2018
5
0
31
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
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
Did you have the option of internal review prior to going to the AAT?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
On what basis do they say they that you don't meet GTE?
 

rogersmith

Active Member
10 October 2018
5
0
31
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?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
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?
 

rogersmith

Active Member
10 October 2018
5
0
31
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?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
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.
 

Castiel House

Member
8 November 2018
4
0
1
Hello please help.,

I have applied for Canada PR in 2005 and got rejected. I was unable to submit the correct and accurate documents. Now I am planning to apply for Austraila student visa.
I still have the ban period of 2 years for Canada.
Will this affect my visa? Is there a change for me to get a student visa? Please advice :(