Australia reopened its borders on 15 December, and many students planning to work and study have already been arranging their return — some have even arrived. The Australian Prime Minister, together with New South Wales and Victoria (the more economically developed and populous states), has repeatedly emphasised the need to live with COVID-19, maintain open borders, and not return to lockdowns.

New South Wales, Victoria and the ACT have now removed the 72-hour home isolation requirement for international arrivals. Travellers are now required to test within 24 hours of arrival and return a negative result, with a further test required on day six.

NSW Premier Dominic Perrottet stated this week that if adjustments to measures are genuinely necessary, the government will act, but will not reconsider mandatory mask mandates or large gathering restrictions — people must now take personal responsibility.

The Australian Government will continue to monitor the spread and impact of COVID-19 and take appropriate action, but attention has shifted from case numbers to severe illness outcomes. State and international borders will remain open, so those currently overseas can confidently plan their return.

We have recently received many enquiries about working and studying in Australia. Many people are eager to return as soon as possible to renew their visa onshore before their current visa expires. Based on our extensive success stories, onshore renewal generally has a higher approval rate.

Beyond that, there are many other advantages to onshore renewal — we outline them one by one below.

Many Australian visas can be applied for either onshore or offshore, and the student visa for working and studying is one of them. An onshore application means the applicant holds a valid visa and is physically in Australia at the time of lodgement, allowing them under migration law to submit a new visa application from within the country and receive a bridging visa accordingly.

Onshore → Bridging Visa Keeps You in Australia While You Wait

The greatest advantage of lodging onshore is that when you submit a new visa application before your current substantive visa expires, in most cases you will be granted a Bridging Visa A (BVA), which takes effect immediately once your existing visa expires — a seamless transition. This means that even after your original visa expires, you do not need to leave Australia and can stay here with peace of mind while awaiting the outcome. In most circumstances, the BVA is granted automatically upon lodgement — you do not need to apply separately — though in special circumstances you may request one from the Department by completing Form 1005.

Many applicants wonder whether they can travel outside Australia while holding a BVA. The answer is no! If you need to leave Australia while awaiting a visa outcome, you may apply for a Bridging Visa B (BVB), which in normal circumstances is valid for up to three months (during special periods, longer durations are generally granted).

Please note: if you depart Australia without first obtaining a BVB, your BVA will be cancelled and you will not be permitted to re-enter — you will need to apply for a new visa offshore before returning.

Onshore → Right to Appeal

Furthermore, visas lodged onshore carry the right of appeal. If an onshore renewal application is unfortunately refused, the applicant may lodge an appeal with the Administrative Appeals Tribunal (AAT), pointing out errors or unreasonable findings in the delegate’s decision, submitting documents not previously provided, and clarifying or correcting previously submitted material. A successful appeal may result in a visa being granted.

AAT Appeal Process

1. Within 21 days of receiving the refusal letter, the applicant may lodge an initial review application with the AAT and pay the appeal fee (note: from 1 July 2021, the appeal fee increased to AUD 3,000).

2. After lodgement, the AAT will send the applicant a confirmation letter and commence its review. The average processing time is currently 15 months. Once the appeal is lodged, the applicant will be granted a bridging visa and may lawfully remain in Australia while awaiting the outcome.

3. The AAT will issue an invitation to attend a hearing. Applicants should prepare comprehensive written submissions and evidence, as presenting your own case in person is critical to the outcome. The AAT also provides free interpreter services — if your English is not strong, you may request an interpreter.

4. The AAT makes its decision based on the material provided.

AAT Review Outcomes

If the AAT finds that the Department’s decision to refuse or cancel the visa was incorrect, it may set aside that decision under migration law. This outcome is known as a Set Aside.

If the AAT considers the Department’s decision to cancel or refuse the visa was correct, it will affirm the decision, also referred to as Affirm.

If the AAT considers that the Department’s decision to cancel or refuse the visa warrants further consideration, the case is remitted to the Department, where a new decision-maker will reconsider the application in accordance with any directions from the Tribunal. This is known as a Remit.

To summarise: the AAT does not have the power to make a new decision in place of the Department. It must refer the matter back to the Department for a new decision, which may result in the visa being granted or the cancelled visa being reinstated.

For more information on AAT appeals, see our earlier article: What Should You Do First if Your Visa Is Refused or Cancelled? Seize the AAT Appeal — It May Give You Another Chance!

Prevention is Still Better: Avoid a Refusal in the First Place

Of course, even if a refusal can ultimately be reversed, nobody wants their visa refused. And even if the appeal succeeds, the refusal record remains permanently in the Department’s system. It is therefore best to be fully prepared before lodging your application.

The most common reason for refusal among the cases we receive is doubt about whether the applicant is a Genuine Temporary Entrant (GTE). For student visa applicants looking to work and study, this essentially means every applicant must demonstrate a genuine intention to study, backed by a study plan.

Most applicants need not worry too much about this, but for those with a “problematic” study background — such as “gaps” in their enrolment history in Australia or past failed subjects — this can attract close scrutiny from the Department. Regardless of whether you have a “problematic” history, the GTE statement must reflect your own circumstances; never copy a template.

Not Sure How to Write Your GTE Statement? Contact Us Directly.

It is worth noting that onshore renewal is currently in a favourable period, with relatively higher approval rates.

Processing times for onshore applications have also notably accelerated recently, with visa outcomes arriving quickly. We have also seen older applicants aged 60 and above successfully granted guardian visas.

This demonstrates that the Department applies more leniency to onshore applications. If your visa is expiring soon, you should prepare your documents and familiarise yourself with school enrolment and visa application requirements without delay — or get in touch with a migration agent for advice.