How We Help with Student Visa Appeals at the ART
In today’s blog, I’m going to talk about student visa refusals and how we can help you appeal your case at the Administrative Review Tribunal, or the ART.
Now, before we dive in — it’s important to understand that appealing a student visa refusal to the ART is only available to applicants who lodged their student visa while they were in Australia. If you applied from overseas and your visa was refused, unfortunately, you do not have review rights at the Administrative Review Tribunal.
If you applied onshore and your visa has been refused under the Genuine Student (GS) requirement — or for other reasons like incomplete health checks, insufficient financials, or missing English scores — don’t lose hope. In many cases, it is absolutely possible to win the appeal, especially if you continue studying and present a strong case.
COMMON REASONS FOR STUDENT VISA REFUSALS
Let’s begin with why student visas are usually refused.
The most common reason is the Genuine Student (GS) requirement. This means the Department wasn’t convinced that you are a genuine student who intends to stay in Australia temporarily. They might question things like:
Your study history,
Gaps in education,
Your economic or personal ties to your home country, or
Your overall immigration history.
But a refusal doesn’t always mean your case is weak. Sometimes it’s just that the evidence wasn’t strong enough, or the application wasn’t clearly explained.
Other common refusal reasons include:
Health assessments not completed,
English language requirements not met or test results not submitted,
Financial capacity evidence missing or unclear,
Or simply a poorly prepared application.
WHO CAN APPEAL TO THE ART
Now, here’s a very important point — only applicants who lodged their student visa while they were physically in Australia have the right to request a merits review at the ART.
If you applied offshore, you unfortunately do not have access to Tribunal review rights.
But if you were in Australia when you lodged your application and it was refused, then you typically have 28 days to lodge a review with the ART. And that’s where our team comes in to support you every step of the way.
HOW WE HELP AT THE ART
When you appeal a visa refusal at the AAT, your case is reviewed by an independent Tribunal Member who will look at your application with fresh eyes.
This means they are not bound by the original decision of the Department of Home Affairs. They can consider new evidence and listen to your explanation — often through a hearing or interview.
We work closely with you to:
Draft a detailed Genuine Student (GS) statement that directly addresses the refusal reasons,
Gather and present updated and relevant supporting documents, such as enrolment records, financial proofs, and personal circumstances,
Prepare you for your Tribunal hearing, and
Ensure your submission meets all legal and procedural standards.
Disclaimer:
The information shared by Nationwide Migration and Education is for general informational purposes only. While accurate at the time of publication, details may change. This content is not intended as legal or migration advice. For advice tailored to your circumstances, please book a consultation with us!
