Was your student visa application rejected? You’re not alone; and there is a way to appeal this.

Australian student visa applications are being rejected at a far higher rate than ever before. The reasons are complex, but the result is a very stressful situation for students, as their future evaporates before them.

In March 2023, there were 25,886 visa applications from international students already in Australia, and 7282 were rejected. But in March 2024, 34,388 applications were made and 27,554 were rejected. The reasons for refusals were primarily because the Department of Home Affairs did not believe the applications were genuine. They suspected the student was trying to stay in Australia and extend the visa to defer returning home. For example, someone whose graduate work visa (subclass 485) has come to an end, so they apply to enrol in another university or vocational course to extend their stay.

There are four pathways forward for students whose visa applications have been denied:

  1. Accept the decision and return home

  2. Return home and reapply from there

  3. If you have a substantive visa, you can reapply while in Australia

  4. Submit an appeal with the administration review tribunal

What is the Administrative Review Tribunal (ART)?

The Administrative Review Tribunal (ART) is Australia’s independent review body. It assesses decisions made by government ministers, departments, agencies, and state governments. It reviews a wide range of decisions including those around migration and visas. It takes a broad look at the facts of the case and relevant laws, then makes a decision that can:

  • Affirm the original decision

  • Change or vary the decision

  • Put the original decision aside and substitute a new one

  • Return the case to the decision maker for reconsideration

Who Can Appeal a Student Visa Decision?

Only people already in Australia and applying for a new student visa can appeal. After receiving your visa decision from the Department of Home Affairs, you generally have 28 days to submit your appeal. If the appeal is accepted, your bridging visa remains valid, and you can continue to stay in Australia. This process can take months, or even years.

Why Was My Student Visa Declined?

There could be many reasons why a student visa was declined. When making the visa application, you must convince the Department of Home Affairs that you genuinely want to study in Australia and return to your home country once complete. Some red flags could include:

  • Previous failure to comply with visa conditions

  • Not continuing with studies once enrolled

  • Poor academic outcomes

  • Not completing a course successfully

  • Cancelling and re-enrolling in other institutions or courses without compelling reasons

  • Completing multiple low-level courses without advancing

  • Lack of assets, work prospects, or familial ties in home country

  • Enrolling in courses unrelated to career goals

  • Minimal travel to home country

  • Political or civil unrest in home country or compulsory military service upon return

How Does the ART Make a Decision?

The ART will decide if you genuinely intend to study in Australia and return home when complete. They consider your immigration history, your current circumstances, and any other relevant information.

Some helpful information to provide them to assist in their decision making includes:

  • Reasons why you are studying in Australia rather than your home country

  • Information about the reasons you have to return to your home country, including properties and assets, family and dependents, proposed employment, and a return ticket

  • Proof of enrolment in an Australian institution

  • Evidence of previous relevant studies and your academic commitment

  • Relevance of your proposed study to your future employment

  • Evidence and specifics why the decision by the Department of Home Affairs is incorrect

  • Explanations why there are gaps in study or very poor grades, such as medical reports

  • Evidence from other people that confirms or supports your case

  • Proof that your family can support your studies financially

  • Regular communication with your family back home showing an intention to return

  • Good immigration history with no visa breaches and adhering to visa conditions

  • Previous relevant work experience and future prospects in your home country

FAQS About Student Visa Rejections in Australia

Can a student visa cancellation be appealed?

Yes. If you are in Australia and your application for a new student visa was cancelled, you can appeal through the Administrative Review Tribunal.

When should I provide my information to the ART?

After receiving your visa decision from the Department of Home Affairs, you generally have 28 days to submit your appeal.

What are the key factors in student visa refusal decisions by the ART?

You need to provide evidence that:

  • Your circumstances in your home country support your likelihood of return

  • The course of study is genuine and adds value to your future

  • You have abided by all visa conditions and immigration rules

  • You have been achieving academic goals and performing well

How much is ART appeal for student refusal?

Currently in 2024, the application fee for the ART is AU$3,496. If your appeal is successful, half of the fee is refunded. If the appeal is withdrawn or unsuccessful, there is no refund. If the fee would cause significant financial hardship, you can fill out an M11 request for fee reduction form, bringing the cost down to $1,687.

How can I contact the ART?

Email reviews@art.gov.au, lodge your application on their website, or call 1800 228 333.

Can IDP help me with my student visa?

Yes, IDP can help you with your visa. We work hard to make sure your original visa application is genuine, thorough, and provides all the information needed for the Department of Home Affairs to make a positive decision. Contact us if you need assistance with your student visa application.

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