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Is There Still Hope After an Onshore Visa Refusal? Can You Still Apply for Immigration? A Detailed Guide to Section 48, AAT Appeals, and Visa Refusal Rescue Strategies!

March 8, 2023 · Qiqi

Is There Still Hope After an Onshore Visa Refusal? Can You Still Apply for Immigration? A Detailed Guide to Section 48, AAT Appeals, and Visa Refusal Rescue Strategies!

The purpose of Section 48 is to prevent applicants from continuously renewing visas onshore in order to stay in Australia indefinitely. Imagine if, after a refusal, you could simply lodge again, wait on a bridging visa, and if refused again, pay to lodge once more — it would go on forever. To prevent this, the Department of Home Affairs introduced Section 48, which provides that once an onshore visa application is refused (or a visa is cancelled), if you do not hold a substantive visa (note: a bridging visa is not a substantive visa; student visas, tourist visas, 485, etc. are substantive visas), you cannot lodge a further visa application (except for a small number of prescribed visa subclasses).

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“The elderly gentleman was this close to being sent back home alone!” The law is not without compassion — a memorable successful AAT appeal

May 23, 2022 · Qiqi

“The elderly gentleman was this close to being sent back home alone!” The law is not without compassion — a memorable successful AAT appeal

Over the past few weeks we have had multiple successful AAT appeals overturning visa refusals from the Department of Home Affairs. These include 485s, 600 visitor visas and 500 student visas, as well as extremely long-pending 187s. To be honest, every case overturned on appeal is hard won — submissions of several thousand words and supporting materials running into hundreds of pages are routine. Today we want to share a heart-warming and unexpected successful appeal.

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Thinking of working and studying part-time in Australia? Lodge onshore to gain AAT appeal rights and other benefits — even a “troubled history” can be saved!

December 23, 2021 · Qiqi

Thinking of working and studying part-time in Australia? Lodge onshore to gain AAT appeal rights and other benefits — even a “troubled history” can be saved!

Australia reopened its borders on 15 December, and many work-and-study students are already planning their trip, with some having already arrived. The Australian Prime Minister and the states of NSW and Victoria — which have stronger economies and larger populations — have repeatedly stressed the need to adapt to living with the virus and to maintain an open policy, with no intention of returning to lockdowns. NSW, Victoria and the ACT have now scrapped the 72-hour home-quarantine requirement for overseas arrivals. The current rules require a test within 24 hours of arrival that returns a negative result, and another test on day six after arrival that also returns a negative result. NSW Premier Dominic Perrottet said this week that if adjustments genuinely need to be made, the government will act, but it will not reconsider reimposing mandatory mask mandates or restrictions on large gatherings — people must now take responsibility for themselves.

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Visa Refused or Cancelled? Act Quickly — an AAT Appeal May Give You Another Chance

July 23, 2021 · Qiqi

Visa Refused or Cancelled? Act Quickly — an AAT Appeal May Give You Another Chance

For international students in Australia, apart from their studies, the issue they care about most is their visa. While study must come first, living far from home on one's own is never easy. Many students do not fully understand visa requirements, which leads to frequent problems with their student visas. Added to this, some unprofessional agents provide incorrect advice or behave irresponsibly, and as a result student visas can end up being cancelled or refused at the time of an onshore renewal. Does a refusal mean the end of your time in Australia? Not necessarily. After a refusal, many people first consider lodging an appeal through the AAT (Administrative Appeals Tribunal), seeking to overturn the Department of Home Affairs' refusal decision.

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