SA Student Visa Rejected - Dealing with AAT?

[Sophie.C]

Hello, I have a similar question to ROGERSMITH's case but some professional help is needed here:
Briefly speaking, my student visa got rejected last year in November. This year in late June, I provided more information to AAT and am waiting for the result. My COE will expire on 31/9/2020.

Can I know what visa I will hold if my AAT appeal turns successful? I might have two scenarios here (Below dates are all example for me for easy understanding):
1) I get my AAT remit result before 31/8/2020, and the result will be sent to the Department of Home Affairs, will I get a new student visa before my COE expires?
2)I get my AAT remit result on 20/10/2020; Accordingly, the result will be sent to the Department of Home Affairs, so what visa I am going to hold on 20/10/2020 and after, as my COE is expired at that time?

I can't easily leave Melbourne after my COE expires now, as all the international flights have been cancelled, and now during stage 4 lockdown it's also not easy to go to Sydney to transfer flight.

Your help is highly appreciated here,
Sophie

 

[Tim W]

...Briefly speaking, my student visa got rejected last year in November.

On what ground(s)?

 

[Sophie.C]

Hello, I have a similar question to ROGERSMITH's case but some professional help is needed here:
Briefly speaking, my student visa got rejected last year in November. This year in late June, I provided more information to AAT and am waiting for the result. My COE will expire on 31/9/2020.

Can I know what visa I will hold if my AAT appeal turns successful? I might have two scenarios here (Below dates are all example for me for easy understanding):
1) I get my AAT remit result before 31/8/2020, and the result will be sent to the Department of Home Affairs, will I get a new student visa before my COE expires?
2)I get my AAT remit result on 20/10/2020; Accordingly, the result will be sent to the Department of Home Affairs, so what visa I am going to hold on 20/10/2020 and after, as my COE is expired at that time?

I can't easily leave Melbourne after my COE expires now, as all the international flights have been cancelled, and now during stage 4 lockdown it's also not easy to go to Sydney to transfer flight.

Your help is highly appreciated here,
Sophie

Hi Tim, thank you for your reply.
You mean on what grounds my visa got rejected, or you mean why I believe my AAT appeal would be a remit decision?

 

[Tim W]

I mean what was the reason that the department gave for the rejection in November last year?

 

[Sophie.C]

I mean what was the reason that the department gave for the rejection in November last year?

I got rejected twice on the same application last year. I highlighted reasons with numbers and in bold for your easier reference.
Long story short speaking, I submit my 500 visa application after my previous visa expired, I got a bridge visa B to go back to my home country to visit my family when I was waiting for it. I received the first decline letter when I was 1) offshore, so the letter said I had no right to appeal in AAT. 2) I had no strong ties with my family and my home country; 3)I have a sister in AU (which is wrong as I simply don't have a sister); 4) I apply for a diploma course, which is at a lower educational level but in a similar field after finishing a proposed general English course (which is wrong as I never enrolled in an English course in AU) and a bachelor degree.

The second decline letter came in 3 days after my immigration agent responded to the DHA officer to explain my 500 visa was submitted onshore, and I don't have a sister. The officer gave me another letter but with the right to appeal to AAT, and the sister was removed. Others have remained the same in the second letter.


Can I know why the reasons matter if possible?
and can I also ask what could happen if I receive a remit result in the above two different scenarios?

 

[Sophie.C]

It will be really appreciated that someone can share some professional thoughts here 🙏

 

[Tim W]

You already have an agent.
What do they say?

 

[Sophie.C]

You already have an agent.
What do they say?

I am working on the appeal on my own now, as I checked the GTE they submitted for my student visa after the visa got rejected, and the GTE is in a poor quality and very likely to lead to the declined result. So now I just want to know what could happen if I win my case, thank you

 

[Tim W]

A "win" as you put it in the AAT is either...

-> that the decision is "vacated" and remitted back to the department
to be remade according to law, which in due course, is made in your favour,
and gets you a visa, or,

-> the tribunal makes a substitute decision, your favour.

 

[Sophie.C]

A "win" as you put it in the AAT is either...

-> that the decision is "vacated" and remitted back to the department
to be remade according to law, which in due course, is made in your favour,
and gets you a visa, or,

-> the tribunal makes a substitute decision, your favour.

But if my COE gets expired when the remit decision goes to the Home Affair, can the Home Affair rejects me again because I don’t have a valid COE?