[Adddy]

Hey guys! You people are amazing!! Thank you for sharing & caring!

Guys my story is that they cancelled my student visa and i filed AAT against it. Just on 13 december i won AAT and tribunal set aside the decision not to cancel my original student visa. My original student visa expired 30/8/2017 and i was on bridging visa e as i launched AAT. After the decision i have 28 days to apply for my student visa as i won the AAT. In my case my lawyer tried to apply online but he got some error. So my lawyer wrote an email to Department of immigration that why we are not allowed to lodge an application.

The department replied:

‘’If the cancellation was set aside by the tribunal and substituted the cancellation decision or the Minister’s decision not to revoke the cancellation in a date which is not more than 28 days since the last substantive visa expiry date, your client would fall under the regulation to apply in Australia. Your client’s student visa was ceased on 30/8/2017 which is more than 28 days.
The department is unable to waive this legislation.’’


My lawyer said:

As a result, i must depart Australia to allow the lodgement. I can go to anywhere except staying in Australia. Once i have departed, I can lodge the application.

P.S- my last date to lodge an application in 10th of January and thanks to god i am departing Australia on 1st jan upcoming monday so my lawyer can lodge my application.

My question is:

As i won AAT will i get a student visa? Is it higher chances?

I am afraid that if i depart I won’t ever come back. if department refuse to give me a student visa doesn’t matter i won AAT.

Does it happen? After winning AAT does department refuse to grant a visa?

Thank you so much for your time & consideration guys! Much much appreciated.

 

[Jeremy Hooper]

Your lawyer is the best person to answer those questions as he/she knows all about your case.

 

[Adddy]

Mate i know that my lawyer is the best to ask but I need other people opinion on the situation thats why i posted. Anyone can please help.

 

[CCMS]

What's the point of an "opinion" ? Unless they are clairvoyant, who can possibly predict what is going to happen to your next application ?

The fact that you won at the AAT has nothing to do with the new application, as it will be assessed on its own merits.If the same issues arise, then they would have been dealt with at the AAT, so you could possibly use that to support your application.

Does the Department refuse a visa after a win at the AAT. Sure, it does happen. Will it happen in your case? Who know ?

Unless you are after pure speculation from people who know nothing about your case, you really are much better off talking to your lawyer

 

[Adddy]

Lets see! Hope for the best!

 

[markw]

ok, so after two experienced agents giving their considered opinions that you dont seem to like much here is mine...
I think that you now have a much higher chance of getting your visa, also that there is a very good chance that you will get all your fees refunded, possibly with interest, also in the meantime while they are processing the visa they will send you on a fully paid holiday, all you need to do is go to the airport and return to our country of origin to claim it

 

[Adddy]

Hahaha nah mate its Nothing like that! I am just a bit worried man. It’s just i won the AAT as I did nothing wrong and i just hope i get my visa you know.