Overstay In Australia Due To Misinformation Lead to Section 48 Bar
A Student Visa Refusal Case Study based from our client, Peter (Not his real name).
“2 years ago I was on a student visa studying in Australia and at the end of my studies and just before my student visa was due to expire I was considering completing my degree in Australia.
I could either finish my tertiary study in Australia whilst work as a doctor in training at an Australian hospital or I could return home to my country and continue study there.
I was in a state of panic as I knew that my current visa would be due to expire soon and that I had to make a decision quickly as places were filling up fast.
The opportunity was too good to pass on and so I spoke with a fellow international student and discussed my concerns.
The student advised me that I did not need to panic as I would be granted a bridging visa automatically after my visa expired to re apply for a student visa or leave if I wanted as she had done the same thing previously.
My student visa had expired and I received my confirmation of enrollment into my new course of study and hospital placement 2 weeks later.
I proceeded to lodge my application for new student visa.
I was under the impression that I had been granted a bridging visa already as that is what my peer had advised me.
It Was A Mistake. . .
A couple of weeks later I received an email from the department of immigration advising me that I was not eligible to apply for the student visa as I was not holding a valid visa at the time of the application.
Thus Immigration considering me as staying illegally in Australia and would need to make arrangements to leave and return to my country immediately.
Student visa refusal just happen to me.
It really is devastating to hear.
I was advised that a section 48 bar was also applied and I would be facing a 3 year ban from applying for any Australian visa or re entering the country.
I was shocked to say the least and so I contacted ONE derland Consulting a migration agent immediately.
I was told that ONE derland Consulting would tremendously helped me in current situation.
I arranged to have a consultation with the senior registered migration agent Mrs. Indah Melindasari.
I explained my situation to Indah and she was able to explain to me that a bridging visa is only granted after the application has been submitted and that I should have applied prior to my visa expiring.
Therefore I was considered as not holding a current valid visa at the time of applying which is a major part of the eligibility for any onshore Australian visa application.
The problem was that I did not seek the advice of a professional to begin with.
I simply took what others were saying as being the correct procedure.
I was beside myself with worry, I had already enrolled and paid for my college fees, and studying medicine did not come cheaply.
Indah and her expert team at ONE derland Consulting was able to help me with my student visa case.
They took over my application and appealed the decision to the AAT (otherwise known as the Administrative Appeals Tribunal).
They were able to write a submission to the tribunal outlining the reason for my overstay, the reason I had applied without holding a substantive visa, the reason as to why a section 48 bar should be waived and the reasons as to why my visa should be approved.
With the help of ONE derland Consulting the decision to review my application was granted and the bar was removed.
Within a few weeks I was back to studying and my visa was approved.”
Peter did not research or seek the professional advice of an agent specifically familiar and trained in Australian Migration laws and regulations.
Therefore he was not aware of the correct procedure when applying for a new visa onshore and this resulted in a refusal of his visa and a 3 year ban.
A visa refusal meant that any chance of applying for another visa in the future would be at high risk of refusal
A 3 year ban meant that Peter would not be able to apply for any Australian visa for the next 3 years and therefore meant that he would not be able to continue his medical study in Australia potentially jeopardizing his career of becoming a doctor.
To appeal the decision based on compelling reasons as to why peter should be allowed to continue his study in Australia and the reasons as to why he did not follow the correct procedure of being the holder of a substantive visa at the time that he applied for his second student visa.
Seeking the professional advice and allowing a migration agent to take over the case and launch an appeal ensured that the correct procedure was being followed, and that the department of Immigration would be aware of the compelling reasons as to why this happened and why the visa should be granted.
Indah and her team at ONE derland were able to identify the following reasons as compelling:
- Peter was unaware of migration laws and had not received the correct advice
- The course of study was beneficial to his chosen career path
- Any delay in his studies would be detrimental to his chosen career path, especially 3 years.
- His chosen career path was one that would benefit any community and was an essential occupation. Needed and in demand, not only in Australia, but all over the world.
- Peter was of good character and highly regarded by his peers
- The study needed to be undertaken in Australia, he was enrolled and fees paid, and places in universities in his home country were taken.
- Peter had obliged by his previous visa’s conditions apart from the overstay of his last due to misinformation. His visa history was overall very good.
If Peter did not seek the advice from Indah he may not have been aware that he was able to appeal the decision and may have left the country without completing his course and would have been facing a three year ban.
Have you been going through a student visa refusal?
Not sure what to do next after knowing Australian student visa refusal happen to you?
Are you facing a section 48 Bar?
Not sure if you can appeal the student visa refusal decision?
Speak with the team at ONE derland Consulting.
Make sure you get the right advice from professionals in the know.
Contact us on 08 9477 5831 or you can straight book your consultation here.
We will make sure to get back to your enquiry within 48 hours, because YOU are important to us.