International education lobby groups, including the head of Universities Australia, continue to express concerns over what they perceive as unfair treatment and politicisation. However, the issues stemming from the significant surge in student visas in 2023 are escalating. There seems to be little acknowledgment within the industry that this surge could not have been sustained indefinitely.
Recent data from the Administrative Appeals Tribunal (AAT) reveals a sharp increase in onshore student visa refusal appeals. As of August 2024, students now account for 71% of migration-related (non-asylum) cases at the AAT.
The backlog of student appeals at the AAT has now reached nearly 16,000 cases, and this number is expected to rise. Currently, 50% of student visa refusals take 287 days to process, while 95% take up to 743 days. Essentially, appealing a refusal allows most students almost an additional year in Australia, often with work rights.
Many of these students initially entered Australia for higher education courses. Over time, they either switched to vocational education and training (VET) programs or completed their higher education without securing a pathway to permanent residency. As a result, they opted to apply for an onshore student visa through VET courses.
In just the two months of July and August 2024, there were 4,727 appeals lodged against onshore student visa refusals. However, only 212 appeals were processed, with:
- 49% of cases set aside
- 24% affirmed
- 20% withdrawn
- and the remainder resolved through other means.
With over 100,000 onshore student visa applications in the backlog under bridging visas and a refusal rate of 73.4% in July 2024, the number of appeals to the Administrative Appeals Tribunal (AAT) will continue to rise. Despite additional resources allocated to the AAT, the backlog is expected to grow.
For students whose appeals are denied, options are limited. Further appeals come with high costs, including legal fees and AAT charges. The only remaining avenue to extend their stay, aside from going underground, is to apply for asylum—a trend that is increasingly common.
Navigating the complexities of visa applications and appeals can be overwhelming, but you don’t have to face it alone. At IME Advisors, we specialise in providing expert guidance and support throughout the migration process. Whether you’re a student or a temporary graduate seeking the best options for your future, our team is here to help you make informed decisions.
Contact IME Advisors today to explore your options and secure a successful pathway forward.
