Question of the Week
student visa TU 573 recently cancelled - administrative appeals tribunal
Category: No Category
Question asked
Hi,
My name is B, and my student visa TU 573 was recently cancelled.I was given a 5 year visa because I initially applied for 5 year course but on arrival in Australia I changed courses. I completed my studies last year in December and I applied for a 485 but missed the deadline by 2 days. I enrolled in an online course to satisfy my visa condition. They said that I did not satisfy my visa condition 8202(2)a. I have to be enrolled in a registered course. My visa was supposed to end on 15 March 2017. I enrolled in an online course but they said it is not considered as a registered full time course.
My question is what options do I have to resolve this issue because I do not want to get the 3 yr ban.
Thanks
Answer provided by Migration Agent
Hi B.,
Condition 8202(2)(a) requires you to enroll with a registered course provider, I am assuming the online course you enrolled is not with a registered provider or it was not a full time course, because of this you have breached this condition. You have the right to request a revocation of the cancellation( within 2 working days) or review of the cancellation by the tribunal within 7 working days upon receiving the decision. If you request a review by the tribunal your status will be legal until the review is completed.
Please send me a copy of your cancellation notice so I could provide you with more details.
----------------------------------------------------------------------------------------
Hi Migration Agent,
The cancellation notice is attached as requested.
----------------- Second Answer by Migration Agent -------------------------
Hi B.,
You have breached 573.611(a) of your visa sub class, which says you must adhere to condition 8202. Section 116 (1) (b) of the Migration Act has been used to cancel your visa, as you have not complied with a visa condition whilst being the holder of a Temporary visa in Australia.
As the former visa holder you can appeal the decision at the Administrative appeals tribunal. This is according to section 338(3) of the migration act. The appeal must be lodged within 7 working days of receiving the cancellation notice. There will be a fee of $1673, this could be reduced if you could show them payment of fees will adversely affect your finances. When you appeal you will be issued an associated bridging visa, which will be valid until the end of you hearing.
Please use the link below to find out more about the Appeal process.
http://www.aat.gov.au/migration-and-refugee-division/steps-in-a-review/can-i-get-help-with-my-review-application
At the tribunal your case will be re-examined taking in to account the facts affecting your case as well as the laws concerning you case. If your appeal is successful your sub class 573 visa will be re issued. The tribunal could send the case back to immigration for reassessment as well.
If the tribunal appeal is unsuccessful and if you believe there has been an error of law, you could go for a judicial review; this could only be done after the merits review has been completed.
My advice to you is to lodge the immediately, don’t wait till the last moment. Please use the link I have given above, the appeal could be lodged online.
I have attached an appeal form and information for your reference.
You will be given an option to contact me to hire my services once this question has been finalized.
If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote - and don't forget to mention your Question ID so that I can keep providing immigration services to you.
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