Home Immigration Student Visa Getting Auto Refused ? Reason for refusal? should i reapply Australia Visa process ?

Student Visa Getting Auto Refused ? Reason for refusal? should i reapply Australia Visa process ?

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Student Visa Getting Auto Refused ? Reason for refusal? should i reapply Australia Visa process ?

Student Visa Getting Auto Refused ? Reason for refusal? should i reapply Australia Visa process ?

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24 COMMENTS

  1. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: 500.212 The applicant is a genuine applicant for entry and stay as a student because:

  2. Danish Bhai, mera case strong hai – Level 1 Univesity, IELTS 8 Band, 20 Million Bank Statement (cover for 2 years), property documents, Strong SOP, and top agent of Pakistan. But mera agent ne end time per Visa file kerne se refuse kerdya hai before 1 November. Even by 1 November they are not guaranteeing and threatening to cancel COE if I go for other consultant or privately file. Should I wait till 1 November or not?

  3. Overall decision
    After weighing up these factors as a whole. I am not satisfied that the applicant intends genuinely to stay temporarily in Austerlia.
    As clause 500.212 is not met by the application. I find the criteria for the grant of a student visa are not met by the application. Therefore, I refuse the application by the application for a student visa.

  4. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that:
    500.212
    The applicant is a genuine applicant for entry and stay as a student because:
    (a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
    (i) the applicant’s circumstances; and
    (ii) the applicant’s immigration history; and
    (iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
    (iv) any other relevant matter; and
    (b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
    (i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
    (ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
    (c) of any other relevant matter.
    This clause is also known as the genuine temporary entrant criterion.
    Ministerial Direction No 69 – Assessing the genuine temporary entrant criterion for Student and Student Guardian visa applications sets out the factors that must be taken into account when assessing the genuine temporary entrant criterion for Student visa applications. This Ministerial Direction is made in accordance with section 499 of the Migration Act. Further information is available at: immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-69.pdf
    In summary, these factors include:
    ● the applicant’s circumstances in their home country, including the applicant’s economic situation, political and civil unrest in the applicant’s home country, the extent of the applicant’s personal ties to their home country, whether the applicant has sound reasons for not studying in their home country if a similar course is available, and military service commitments that would present as a significant incentive for the applicant not to return to their home country
    ● the applicant’s potential circumstances in Australia, including the extent of the applicant’s ties with Australia that present as a strong incentive to remain in Australia, evidence that the student visa program may be used to circumvent the intention of the migration program, whether the Student visa or the Student Guardian is being used to maintain ongoing residence, the applicant’s knowledge of living in Australia, and whether the primary and secondary applicants have entered into a relationship of concern
    ● the value of the course to the applicant’s future, including the course’s consistency with the applicant’s current education level, whether the course will assist the applicant to gain employment in their home country, relevance of the course to the applicant’s past or future employment in their home country or a third country, and remuneration and career prospects in the applicant’s home country or a third country to be gained from the course
    ● the applicant's immigration history, including visa and travel history for Australia and other countries, previous visa applications for Australia or other countries, and previous travels to Australia or other countries
    ● if the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant
    Any other matter relevant to the applicant’s intention to stay in Australia temporarily must also be considered. These factors have been weighed up to make an overall decision.
    In considering whether the applicant met the genuine temporary entry criterion I had regard to the following factors, consistent with clause 500.212 and Ministerial Direction No 69. The factors were used to weigh up the applicant's circumstances as a whole, in reaching a finding about whether they satisfy the genuine temporary entrant criterion.
    The applicant lodged a student visa application on 10 February 2022 and provided Confirmations of Enrolment (COE) to undertake the following courses of study: General English (Beginner to Upper Intermediate) and Graduate Diploma of Strategic Leadership.
    The applicant provided various supporting documents including: evidence of their current financial circumstances in their home country, evidence of financial capacity for family members in their home country, evidence of their current employment in their home country, evidence of their academic qualifications awarded in their home country, and their genuine temporary entrant (GTE) statement.
    I acknowledge that the applicant has demonstrated some knowledge of living in Australia, their intended courses of study and associated education provider.
    I also acknowledge that the applicant has family ties to their home country and place some weight on that in favour of the applicant. However, I have concerns that these ties may not be a strong enough incentive for the applicant to depart Australia upon completion of their studies. I give more weight to consideration of the applicant’s potential economic circumstances in their home country compared to Australia and the value of the courses to the applicant’s future.
    While I accept that obtaining qualifications from an Australian educational institution may positively influence employment and remuneration prospects in an applicant’s home country, I am not satisfied that the applicant demonstrated how they would achieve this against the background of prevailing economic circumstances in their home country. The applicant implied a career pathway intention in their home country and how this would be an incentive for them to return, but did not provide any convincing evidence to support this. I have considered the applicant’s likely earning capacity in Australia and in their home country. Based on the information before me, I am not satisfied the financial incentives to return home outweigh the financial incentives to remain in Australia. I therefore place little weight on the applicant’s implied intention.
    Conclusion
    After weighing up these factors as a whole, I am not satisfied that the applicant intends genuinely to stay temporarily in Australia.
    Decision
    – 4 –
    As clause 500.212 is not met by the applicant, I find the criteria for the grant of a Student visa are not met by the applicant. Therefore, I refuse the application by the applicant for a Student visa.
    Assessment against the criteria of other subclasses in class TU
    As the application was not made on Form 157G (Application for a Student Guardian visa), I have not considered the application against the subclass 590 Student Guardian visa criteria in this visa class.
    Yours sincerely
    Mark
    Position Number: 60034060 Department of Home Affairs

  5. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration

    Regulations is satisfied. This clause provides that:

    kindly do something for us Bhai (Humble Request )
    Allah pak will give you more success and happiness

  6. A.o.a
    I also got a Refusal.
    Apply date: 25 Feb
    S56 Request for an updated bank statement and health update on 20 Aug2022
    Updated on 24 August
    Refusal on 29 September

    Thanks, Danish Bhai for the guideness

  7. I got refused by migration regulations 1994. This is really not fair after all having a very good profile.

    Reason-
    In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: 500.212 The applicant is a genuine applicant for entry and stay as a student because: (a) (b) (c) the applicant intends genuinely to stay in Australia temporarily, having regard to: (i) (ii) (iii) (iv) the applicant’s circumstances; and the applicant’s immigration history; and if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and any other relevant matter; and the applicant intends to comply with any conditions subject to which the visa is granted, having regard to: (i) (ii) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and the applicant’s stated intention to comply with any conditions to which the visa may be subject; and of any other relevant matter.

  8. I also acknowledge that the applicant has family ties to their home country and place some

    weight on that in favour of the applicant. However, I have concerns that these ties may

    not be a strong enough incentive for the applicant to depart Australia upon completion

    of their studies. I give more weight to consideration of the applicant’s potential economic

    circumstances in their home country compared to Australia and the value of the course to the

    applicant’s future.

    While I accept that obtaining qualifications from an Australian educational institution may

    positively influence employment and remuneration prospects in an applicant’s home country,

    I am not satisfied that the applicant demonstrated how they would achieve this against the

    background of prevailing economic circumstances in their home country. The applicant

    implied a career pathway intention in their home country and how this would be an incentive

    for them to return, but did not provide any convincing evidence to support this. I have

    considered the applicant’s likely earning capacity in Australia and in their home country.

    Based on the information before me, I am not satisfied the financial incentives to return home

    outweigh the financial incentives to remain in Australia. I therefore place little weight on the

    applicant’s implied intention.

    The migration act 1994, Clause 500.212, Schedule 2.

  9. As clause 500.212 is not met by the applicant, I find the criteria for the grant of a Student visa

    are not met by the applicant. Therefore, I refuse the application by the applicant for a Student

    visa.

  10. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration

    Regulations is satisfied. This clause provides that:

    500.212

    The applicant is a genuine applicant for entry and stay as a student because:

    (a)

    the applicant intends genuinely to stay in Australia temporarily, having regard to:

    (i)

    the applicant’s circumstances; and

    (ii)

    the applicant’s immigration history; and

    (iii)

    if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the

    applicant; and

    (iv)

    any other relevant matter; and

    (b)

    the applicant intends to comply with any conditions subject to which the visa is granted, having

    regard to:

    (i)

    the applicant’s record of compliance with any condition of a visa previously held by the

    applicant (if any); and

    (ii)

    the applicant’s stated intention to comply with any conditions to which the visa may be

    subject; and

    (c)

    of any other relevant matter.

    This clause is also known as the genuine temporary entrant criterion

  11. Bro, Got refusal for student visa 😭 Vet sector…. Now, Can I apply for vistor visa after studying a bachelor program for 6 month's in India and apply in college holidays. My brother is in Australia. what are chances for that… OR should I have to Reapply student visa after 6 month's study in India.

    please, bro guide me through this, really depressed.

    Refusal – Migration Act 1994, clause 500.212 schedule 2.

    can I give a try right now, but, I'm 2020 pass-out with 93.3% marks. that's why, it hurts when after so much hardwork this thing happens

  12. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that:
    500.212
    The applicant is a genuine applicant for entry and stay as a student because:
    (a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
    (i) the applicant’s circumstances; and
    (ii) the applicant’s immigration history; and
    (iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
    (iv) any other relevant matter; and
    (b) the applicant intends to comply with any conditions subject to which the visa is granted, having

  13. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that:
    500.212
    The applicant is a genuine applicant for entry and stay as a student because: (a)
    the applicant intends genuinely to stay in Australia temporarily, having regard to:

  14. In this case, I am not satisfied that clause 500.212 in Schedule 2 of the Migration

    Regulations is satisfied
    I'm clearly shocked because I recieved 50% scholarship because of my academics and my profile was very strong as well as sop was good, can you please help me what should I do now?

  15. I also acknowledge that the applicant has family ties to their home country and place some

    weight on that in favour of the applicant. However, I have concerns that these ties may

    not be a strong enough incentive for the applicant to depart Australia upon completion

    of their studies. I give more weight to consideration of the applicant’s potential economic

    circumstances in their home country compared to Australia and the value of the course to the

    applicant’s future.

    While I accept that obtaining qualifications from an Australian educational institution may

    positively influence employment and remuneration prospects in an applicant’s home country,

    I am not satisfied that the applicant demonstrated how they would achieve this against the

    background of prevailing economic circumstances in their home country. The applicant

    implied a career pathway intention in their home country and how this would be an incentive

    for them to return, but did not provide any convincing evidence to support this. I have

    considered the applicant’s likely earning capacity in Australia and in their home country.

    Based on the information before me, I am not satisfied the financial incentives to return home

    outweigh the financial incentives to remain in Australia. I therefore place little weight on the

    applicant’s implied intention.

    The migration act 1994, Clause 500.212, Schedule 2.

    Apply in VET and Every document was Genuine and Up-to-date and even waited for 4.5 month's. Genuine student. I don't know why, they are doing this, if this backlog will even take more months then , what , atleast they should have to give fair decisions. That's injustice, for them a file but, for a student their career, expectations and dreams.

    That's not a way of democracy

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