Student visa refusal rates have remained high over the past two years. There are generally three common grounds for student visa refusals: refusals under the GTE or GS requirement are the most prevalent, and many use formulaic refusal wording; more applicants have also recently been refused on financial or language grounds
Today, we are sharing a recent successful student visa appeal case
Complete case timeline (pictured)
September 2023: First student visa application lodged
April 2024: Refused on language grounds and appealed
July 2024: Appeal succeeded and the case was remitted to the Department, which requested further evidence of the source of funds
December 2024: Refused again
January 2025: New appeal lodged
February 2026: Preliminary request for further information for the appeal
August 2026: Hearing notice received
Before the hearing, we provided further financial evidence
Ultimately, two days before the hearing, the Tribunal cancelled it and ruled directly in our favour (pictured)
Key issues in an ART appeal against a student visa refusal on financial grounds
This case had many twists and turns. The main point we want to emphasise is that an ART review of a refusal on financial grounds will generally need to address several key issues:
1. Whether the applicant has maintained their enrolment
This is very important. In student visa appeals, the point I emphasise most to every client is that they must continue attending classes and studying. At the preliminary request-for-information stage, this is standard required evidence. For example, after this client’s case was remitted for reconsideration, they provided a valid COE for their early childhood education course, and they supplied their latest proof of enrolment at every preliminary evidence stage
2. Showing that the funds are sufficient to cover expenses and genuinely available
There are two key issues here
The first is showing that there is enough money available to cover expenses. This is relatively straightforward to establish through ordinary Australian bank statements, term deposit certificates, account balances and similar evidence
The other is showing that the funds are genuinely available and come from lawful sources. Many refusals now involve the source of funds. In particular, where the money is not the applicant’s own savings and comes from parents or another source, a balance on paper or a single deposit certificate is far from enough. Applicants who cannot accumulate funds through work in Australia must provide supporting evidence for the relevant source, such as proof of their parents’ income, rental income, returns on shares or ordinary employment income
Many applicants encounter problems in this area mainly because their evidence is incomplete. In these circumstances, it is essential to investigate the source thoroughly, prepare comprehensive evidence and, where possible, demonstrate an amount above the minimum requirement
Risks to avoid in Australian student visa appeals
As long as the points above are clearly addressed and the evidence is properly prepared, appeals against refusals on financial grounds have a high likelihood of success. Several recent cases have succeeded
Student visa appellants should also be aware that even where a first appeal succeeds and the case is remitted, the Department may still reassess it from another angle, as it did for this client—for example, moving from language to financial grounds, or from financial grounds to the GS requirement. What we can do is make the initial evidence as comprehensive as possible
Most student visa appeals are currently decided directly without a hearing. Even if a hearing has been scheduled, ART may dispense with it and rule directly in the applicant’s favour if the evidence provided at the preliminary stage is sufficiently complete and rigorous. The standard to which the evidence is prepared is therefore especially important. Be sure to investigate thoroughly and make the evidence as comprehensive and rigorous as possible!
