Visa refusal and consequence for migration to another country

[Effyd]

Hi,

My student visa was refused in July 2017. (mostly because I stayed 8 years before that...)

I apply for AAT review within 21 days of the refusal.

1 year and 10 months later I hear from the AAT, they asked me to provide:

- certificate of academic performance + certificate of enrollment +  reference letter from teacher  units completion letter + attendance certificate

I have provided all the above, but was asked to attend a hearing next week...

My concern is that if they "approve" the visa refusal or not, in both cases my Diploma course will be completed less than 28 days after the hearing and I will get my Diploma certificate.

What are the chance they tell me exactly that: "whatever decision we make today, you will get your Diploma..."?

Another question, if the decision to refuse my Student Visa is "approved" will it have any consequences for migrating to another country? Do I get a big "HAS BEEN REFUSED A VISA IN AUSTRALIA" stamp on my passport file?

 

Cheers

 

[Cippalippa]

Hi,
My student visa was refused in July 2017. (mostly because I stayed 8 years before that...)
I apply for AAT review within 21 days of the refusal.
1 year and 10 months later I hear from the AAT, they asked me to provide:
- certificate of academic performance + certificate of enrollment +  reference letter from teacher  units completion letter + attendance certificate
I have provided all the above, but was asked to attend a hearing next week...
My concern is that if they "approve" the visa refusal or not, in both cases my Diploma course will be completed less than 28 days after the hearing and I will get my Diploma certificate.
What are the chance they tell me exactly that: "whatever decision we make today, you will get your Diploma..."?
Another question, if the decision to refuse my Student Visa is "approved" will it have any consequences for migrating to another country? Do I get a big "HAS BEEN REFUSED A VISA IN AUSTRALIA" stamp on my passport file?
 
Cheers
 

Did the visa refusal state that the reason was because you stayed 8 years? What kind of visa were you holding?
It wouldn’t surprise me if they had waited so long to set the date of the hearing in order to let you complete your diploma and then refuse your visa (in the meanwhile you have paid tuitions and related expenses in Australia). But they will be very mean if after all that they affirm the visa refusal considering you almost finish the course. What if you want the opportunity to gain experience or continue your studies further?
Do you have a migration agent? What is the strategy? I don’t think you will get a refusal stamp in your passport files but you will have to declare it should you be asked when applying for another visa in Australia. Not sure if it works the same for other Countries. Usually they want to know if you were previously refused a visa with the same Country you apply for.

[Effyd]

Thanks for your answer.

During those 8 years (minus 1 year of WHV), I completed 2 diplomas after that, I was the secondary applicant for 2 more student visas. From my last diploma to the new one I was applying for, there is a gap of almost 4 years.

Over the last 8 years, I went back to my country only twice for a short period of time. Apparently, it means that I have no significant ties with my home country... Even though my parents visited Australia every years for Christmas over the last 7 years (which I did not explain in my application).

 

When you enter Australia and New Zealand, they ask if you were ever refused a Visa in another country. Apparently in USA it can they can even refuse a simple tourist visa based on your immigration history(?)

 

[Ausvisitor]

Any country can refuse you a visa just because the border agent is having a bad day when you stand in front of them, you have no divine right of entry into a country (except for the one you are a citizen of)

 

I would imagine that being denied a visa elsewhere (if they ask) would be at least cause for question if not a reason for refusal

 

Honestly to sort this you need some decent professional advice