Outcome
The Administrative Review Tribunal set aside the visa refusal and remitted the application for reconsideration
Special Circumstances
The application was refused after the Department concluded the applicant did not meet the Genuine Student requirement due to study interruptions, health issues and a period of unlawful status.
Our client’s student visa application was refused after the Department found they did not satisfy the Genuine Student requirement. We presented comprehensive evidence explaining the circumstances behind the client’s study history, health challenges and visa status, while demonstrating a genuine intention to study and pursue a legal career. The Administrative Review Tribunal accepted our submissions, set aside the refusal and remitted the application for reconsideration.
The Challenge
The Department refused the application after concluding they did not satisfy the Genuine Student requirement, citing study interruptions, health issues, a relationship with a permanent resident, and a period of unlawful status.
These concerns overlooked the broader context of our client’s circumstances and academic journey.
Kindra's Approach
We developed a comprehensive case demonstrating that our client’s study history, personal circumstances and future plans all supported a genuine intention to study in Australia.
Our team:
- Explained the client’s interrupted studies with evidence of COVID-19 disruptions and health challenges, demonstrating a successful return to study.
- Showed that the proposed course represented a logical progression towards a future legal career, including plans to undertake a Juris Doctor.
- Addressed concerns regarding temporary intention by demonstrating strong family ties overseas, realistic career opportunities outside Australia, and alternative study pathways, including the United Kingdom.
- Clarified the brief period of unlawful status, showing it resulted from a misunderstanding of the visa process rather than deliberate non-compliance.
The Outcome
The Tribunal accepted that our client met the Genuine Student requirement. The refusal was set aside, and the application was remitted for reconsideration.
If your student visa application has been refused, Kindra Migration Lawyers can assess your circumstances and advise you on your options for review or appeal.