[tracy151]

Hi everyone, i'm currently in a very difficult situation and i hope someone can enlighten me. I have a misleading instruction from my previous lawyer (actually i think he's a scam), and i applied for Protection visa 866. I was refused by immigration and the AAT court. I'm waiting for the Federal Court and only found out it's not gonna end well recently. Now i wanna apply for the student visa (then visa 489 after that). Before apply for protection visa, i came to Aus by student visa and already finished my Bachelor Degree.

The problem is all lawyers i meet (i argued and cut off with my previous lawyer already), everyone said that i can't apply any other visa even i wanna withdraw my protection case before Fed Court. Is it correct? Is there any way that i can stay and apply student visa onshore?

I'm so frustrated right now. I know it's my fault that i didn't research enough to notice it's a scam. But now i'm drowning, i can't get my head clear which way to go while many lawyer turn off on me. Please, any advice will be very meaningful to me right now. Please anyone know even the small chance i would take it. I've lived here 7 years already, i love this city so much and put a lot of effort on my career. I can't take it if i have to leave Australia.

Thanks so much for your time reading my story. Wish all of tou the best. Thanks in advance.

 

[Maggie-May24]

I'm not sure whether you can apply for a student visa as your existing bridging visa may prevent you from lodging another application while you're in Australia. But I would be highly doubtful that you would be successful with a student visa since it requires you to demonstrate that you meet the Genuine Temporary Entrant criteria and given your history of trying to remain on a protection visa, I think it would be impossible to convince DHA that you intend to leave after your studies.

 

[CCMS]

You are most likely section 48 barred, so no further onshore applications (with a few exceptions like protection, medical treatment and partner visas). Being on a bridging visa would further complicate your options and with your visa history, it would be hard to argue that you are a Genuine Temporary Entrant.

If you think the Federal Court case is doomed, you may be better off cutting your losses and getting on with your life.