Student Visa Refused in Australia: How the ART Review on the Papers Works

If your student visa was refused while you were in Australia, you can usually apply to the Administrative Review Tribunal (ART) for review. Most student visa reviews are now decided on the papers. There is no hearing, so your written submissions and evidence are everything. This guide explains how the process works.

How a review on the papers works

1. Lodge the review: within 28 days after notification, with the ART fee or a fee reduction request. See ART time limits and ART fees.
2. Invitation to give submissions: the ART writes to you inviting submissions and evidence on whether you meet the criterion that led to refusal. For student visas, it also asks whether you are enrolled in a course.
3. Respond within 28 days: your response must be in writing. The ART cannot extend this period.
4. Adverse information: if the ART has other information it may rely on to affirm the refusal, it must send you particulars and give you 14 days to comment.
5. Decision without a hearing: the ART decides on the documents. You are not entitled to appear.

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What to send

Address the whole criterion, not just the refusal reasons. The Tribunal looks at whether you meet the criterion generally, not only the points raised by the Department. For most refusals that means the Genuine Student requirement. A strong response usually includes:

• a current CoE, as you must be enrolled in a course;
• a clear statement explaining your study history, why you chose this course and provider, and how it fits your plans;
• evidence of your circumstances at home and in Australia, such as employment, family ties and finances;
• evidence correcting any mistakes the Department relied on;
• evidence of financial capacity and English, if those were in issue.

See the Genuine Student requirement and reasons for student visa refusal.

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When a hearing still applies

Reviews are not decided on the papers where the refusal was based on certain public interest criteria, such as PIC 4020 (false or misleading information), PIC 4001 (character) or PIC 4007 (health), or on special return criteria. Those reviews follow the usual process, which can include a hearing. See what happens at an ART hearing.

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Your bridging visa during the review

If you held a Bridging Visa A linked to the refused application, it generally continues while the review runs and ends 35 days after the ART decides. If you hold another visa, check its end date. See your bridging visa after a refusal.

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What you should do now

• Diarise both deadlines: 28 days to apply, then 28 days to respond to the invitation.
• Keep your enrolment current: the ART will check you are enrolled.
• Prepare everything in writing: you will not get a hearing to explain.
• Watch for a second letter: adverse information has a 14 day response period.