• Case Background
Student Visa holder, Mr.Li, studied at one of Australia’s International Colleges. As his results did not meeting the academic requirements continuously for 3 semesters, he was reported to the Department of Immigration by the education provider. As a result, his student visa was cancelled. However, he has the right to appeal within the given time frame. Mr. LI become our client through recommendation from a friend.
• Difficulties in this case
1. Mr. Li has poor results; he only passed one unit for each semester on average.
2. There was evidence that showed he was greatly affected by the death of his family member, which may have contributed to his poor results.
3. He was also involved in a car accident before submitting his explanation letter to the school
• Our Solutions
1. After communicating with the applicant and his family member, our registered agent began to prepare an appeal for case review.
2. We contacted the officer from the Appeals department for the applicant and prepared
comprehensivesupporting documents for the appeal.
3. We prepared and analyzed documents for the applicant and his witness during the hearing sessions of the appeal.
4. We contacted the applicant immediately and looked for any incorrect information in the applicant’s data once it was received from the Migration Appeal Court.
5. With the assistance of our registered agent, the applicant was able to provide strong evidence to prove that the education provider did not consider his case based on his actual situation and extrinsic factors, ie. factors that are out of his control.
6. The appeal was successful and the applicant is currently studying with another education provider.
• Conclusion and Analysis
If you need to appeal for your case, explain your situation to your agent.
If the applicant does not trust the agent and was unwilling to share his or her actual situation with the agent, the possibilities of success will be much lower. Trust your agent and try your best to work with your agent when you have selected him or her to appeal your case.
Successful appeal for student visas cases
There are two common reasons for a student visa to be cancelled by the Department of Immigration: poor results and low attendance. If a student visa is cancelled due to poor academic performance, the student needs to provide legal evidence which proves that there are circumstances out of the student’s that caused the outcome. The reasons provided should be compelling and compassionate.