A great win at the Administrative Review Tribunal: with strong legal representation, we turn a visa refusal into a success story.
Case Overview
A recent case handled by our legal team highlights the importance of expert guidance and persistence when navigating Australia’s immigration system. Our client, a 60-year-old South African citizen, arrived in Australia on a visitor visa to accompany her mother who travelled to Australia to visit her son. Our client has been working in the Information technology (IT) industry since 1988 and decided to apply to study Diploma of Information Technology majoring in Cybersecurity in Australia to advance her knowledge in the cybersecurity landscape and to strengthen her career trajectory which would aid her in securing high earning jobs when she is back in South Africa. She then applied for a subclass 500 Student Visa in July 2023 to extend her stay in Australia and be able to study. Unfortunately, her application was refused by the Department of Home Affairs due to concerns around the genuineness of her temporary stay in Australia.
Rather than giving up, in September 2023, our client chose to appeal the decision at the Administrative Review Tribunal (ART) with the support of our experienced migration legal team.
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Initial Refusal: Genuine Temporary Entrant Concerns
The Department had rejected our client’s application based on doubts about her intentions in Australia, citing their dissatisfaction with the evidence that she was a genuine temporary entrant. This is a common reason for student visa refusals, particularly for applicants from high-risk countries or where the Department suspects that the student may not return home after completing their studies in Australia.
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Our Approach to the ART Appeal
Upon taking her case, our legal team led by Phillip Silver, conducted a thorough review of her application, personal and financial circumstances, academic goals, and long-term career aspirations. We worked closely with her to gather compelling evidence.
At the ART hearing, our client gave compelling evidence as to why she is here to advance her cybersecurity knowledge. The evidence she gave was rendered frank and credible. by the ART member.
Following our client’s oral submission, our principle, Phillip Silver represented her professionally and persuasively, addressing the tribunal member’s concerns regarding her genuineness while clearly articulating the genuine nature of her intentions.
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Outcome: Visa Granted
Following the hearing, the ART set aside the Department’s original decision, ruling in favour of our client. The case was remitted to the Department for reconsideration, and the student visa was officially granted shortly after, granting our client the peace of mind while she completes her study in Australia.
What This Means for Other Applicants
This case demonstrates that a visa refusal is not the end of the road. With the right legal strategy and representation, it’s possible to overcome negative decisions and secure your place in Australia.
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Need help with your migration journey to Australia and do not know where to start?
If you’ve had a student visa refused or need support with your visa application, our team is here to help. With extensive experience in migration law, we’re committed to helping clients achieve positive outcomes.
Contact us today for a consultation. Email: law@phillipsilver.com.au