[nausheenmohammed]

Hi, My husband had applied for his visa extension in March 2018 through a migration agent and I am secondary applicant. She filed our visa using her immi account and attached all the documents. Due to immi account issues our documents haven't reached DIBP. None of our documents were being attached and we directly got a visa refusal. Now we both are on BVA. After our previous visa was expired and we lodge a new visa for student visa extension we got a BVA. We have lodged an AAT review and wondering what could be there decision as without seeing any of our documents they gave the decision. Please let me know.

 

[nausheenmohammed]

I have given regard to your circumstances in your home country, your potential
circumstances in Australia, the value of the course to your future and your immigration
history. You have not provided a substantive Genuine Temporary Entrant criterion (GTE)
submission in support of your application. In the GTE section of your application you wrote:
Please see attached statement of purpose
When asked why you were not providing documents before lodging your application, you
wrote:
Supporting documents to be uploaded separately
Since you lodged your application no GTE evidence has been attached. You are expected to
provide a complete application when you lodge your student visa application, and you have
not provided convincing or satisfactory reasons for not having done so. As of today, 06 April
2018, you have not provided a substantive GTE submission.
I have considered your circumstances in your home country with regards to how your studies
in Australia may benefit your future career prospects. I have considered that you have not
provided a substantive GTE submission or provided any evidence to demonstrate how your
study in Australia will assist you to obtain employment or improve your prospects in your
home country. You have not convinced me that your study in Australia will assist you in
improving your prospects in your home country in the future.
With regards to your circumstances in your home country, you have not declared any
employment ties to India, though I note you are currently employed in Australia. You may
have ties to your home country in the form of your family, however when considered against
your economic circumstances in India and potential circumstances in Australia, I find that
your ties do not of themselves constitute a strong incentive to return home. After considering
your circumstances, I am not satisfied that you have significant incentive to return to India at
the end of your studies. I am concerned that your intention to live in Australia is motivated by
factors other than study.




This is the decision record they have sent. But please look into the immi account attachments:

 

[Lisa Ira]

Hi Nausheen

I'm sorry to hear about your husband's visa refusal. Regardless of what has happened with uploading the documents, your husband will still need to convince the AAT that he is a genuine student. He will need to make written submissions to the AAT and provide them with evidence that he has an incentive to return to India after he completes his studies. He will also be given the opportunity to present his case in person at the AAT (unless a favourable decision is made based on your application/submissions).

If you need representation at the AAT, feel free to email me for a fixed-fee quote (contact details below). I'm a registered migration agent and also hold an Australian law degree.

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w: Home | Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.

 

[Lisa Ira]

Hi Nausheen

I'm sorry to hear about your husband's visa refusal. Regardless of what has happened with uploading the documents, your husband will still need to convince the AAT that he is a genuine student. He will need to make written submissions to the AAT and provide them with evidence that he has an incentive to return to India after he completes his studies. He will also be given the opportunity to present his case in person at the AAT (unless a favourable decision is made based on your application/submissions).

If you need representation at the AAT, feel free to email me for a fixed-fee quote (contact details below). I'm a registered migration agent and also hold an Australian law degree.

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w: Home | Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.

 

[nausheenmohammed]

Hi Nausheen

I'm sorry to hear about your husband's visa refusal. Regardless of what has happened with uploading the documents, your husband will still need to convince the AAT that he is a genuine student. He will need to make written submissions to the AAT and provide them with evidence that he has an incentive to return to India after he completes his studies. He will also be given the opportunity to present his case in person at the AAT (unless a favourable decision is made based on your application/submissions).

If you need representation at the AAT, feel free to email me for a fixed-fee quote (contact details below). I'm a registered migration agent and also hold an Australian law degree.

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w: Home | Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.

Thank you so much Lisa. I will definitely let you know.