Student visa 573

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Student visa 573


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Old 09-07-2013, 06:03 PM
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Student visa 573

hi.

Sorry my situation may seem a little bit complex, I am looking for an advice before lodging an application with DIAC so any input would be much appreciated.


I and my brother applied for student visas back in 2010, we were both granted student visa subclass 572 we got the labels on our passports and were ready to go. I came here 2 months before him because my course started earlier as I had to do some English classes, anyway before he leaves to Australia my mum was diagnosed with brain cancer so we decided that he needs stay there to take care of her. unfortunately she passed away in 2012. Now he is asking me if he could apply for a student visa again to study in Australia.
well that's not the problem, the problem is during my stay in Australia, war started in my country so I applied for a protection visa and was granted PR subclass 866.
my question is because I applied for a protection visa, will he be able to get a student visa to study in Australia ? or he will be looked at as 'high migration risk''.
I asked a migration agent and he told me its irrelevant.

should I just tell him not to apply ? or maybe give it a go ?

sorry if my question seems stupid, but you all know DIAC application are time and money consuming so its always better to look for an advice before applying.

any input will be really appreciated.


Last edited by Aboodi; 09-07-2013 at 06:12 PM.

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Old 09-09-2013, 01:46 PM
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any Ideas ?


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Old 09-09-2013, 02:45 PM
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well tbh nobody in all likelihood has ever been in a similar situation to yours- so until he applies for the student visa it's impossible to hazard a guess. However, a student visa is not likely to lead to PR very easily- so might it be a better idea if he does the same sort of study in his home country & then follow it with skilled employment , after which he could apply for skilled migration with a better chance of success?


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Old 09-09-2013, 02:48 PM
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Hi Aboodi -

My thought would be that your visa situation would have no bearing on your brother's unless there were circumstances in your visa application (ie, specifics about the fear of persecution, etc) that affect your brother or mentions of your brother in your application.

It is certainly possible that the case officer could consider your protection visa grant an indication of a higher risk of overstay by your brother, or an indication that he may not truly intend to study here - there's nothing you can do about that though. It would come down to whether the case officer thought any of your circumstances overlapped with your brother's, etc.

Depending on your brother's country of citizenship, he may already be considered high-risk for a student visa purely because of that fact - the only way to get a good read on the entire situation is to look at how his circumstances line up with the Genuine Temporary Entrant (GTE) policy which is used to assess the risk level of student visa applicants.

Hope this helps -

Best,

Mark Northam

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Old 09-09-2013, 03:48 PM
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hi Thanks for the replies.
I just had a look at the GTE policy. Well according to whats written there I guess he can proof he is a genuine temporary entrant, he is now living in a relatively rich country and has more than $150k+ on his bank account as well as a letter of my dads employment. what I mean is he can prove that he is financially stable. Currently undertaking an advanced diploma of mechanical engineering and he needs to move overseas to complete a bachelor degree as its not offered where he is now, so that could be a reason why he has chosen to study in Australia. the only problem is my immigration history.

well thanks for the input, much appreciated


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Old 09-09-2013, 11:33 PM
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Hi Aboodi -

While there is no way to "prove" someone is or is not a GTE (because the case officer forms an opinion), if the applicants meets many or most of the criteria, that's a very good sign and would be hard for the case officer to argue against it if the person meets all or most of them.

Best of luck!

Best,

Mark Northam

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Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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