Student (Subclass 500) Visa with previous visa refusals
CASE TYPE
The Applicant previously lived and studied in Australia on a Student Visa, both at High School and progressed to University. The Applicant however was unable to complete their studies due to health issues which were triggered by their family issues including a family members passing and family health issues, which impacted the Applicants mental health.
The Applicant wanted to return to Australia and resume their studying.
CASE BACKGROUND/DIFFICULITY
The complexity of this matter, was due to the fact that the Applicant had departed Australia whilst she was not holding a substantive visa and was therefore subject to a three-year ban, and she was required to leave, due to the ceasing of her Student Visa.
CASE STRATEGY
The main strategy for the new Student Visa application was to display to the Department that the Applicant had departed on the basis of health and family issues, which under compelling circumstances, would allow the Department to exercise their discretion in wavering the 3-year ban, and allowing the Applicant to be granted a Student Visa to she is able to return to Australia and resume their studies.
We provided the Department with a Detailed Submission, addressing the Applicants compelling nature of their departure, including a psychologist report detailing the Applicants mental health and previous family circumstances and the fact that the Applicant was a bright student both in their home country and Australia and reaffirming her commitment to her studies.
We also addressed the Applicants ability to meet the Genuine Temporary Entrant requirements on the basis that the Applicants ties to their home country had increased through their property ownership and firm employment.
CASE OUTCOME
The Department accepted the Applicant’s submission, and the 3-year ban was waived and the Applicant was subsequently granted a Student Visa within 3 weeks of applying and was able to return to Australia and resume their studies.
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