Restrictions on Applying for Student Visas Onshore
A reminder that as part of the governments crack down on non-genuine International Student applications as of 1 July applications can no longer be made for a student visa onshore if you do not hold a substantive visa or if you hold one of the following visas:
Of significance on the list is ETA’s, tourist and graduate visas. Where potential students would previously enter Australia on tourist visas and apply onshore (triggering a bridging visa) this option is no longer be available.
Business Visa (subclass 188) no longer available
The Business Visa program (Subclass 188) program ceased on 1 July 2024 to be soon replaced with the National Innovation Visa.
Very little detail is currently available on the new program. We shall advise further when the regulations and finer detail become available.
AAT to be replaced with the ART
As was announced in 2023 the Administrative Appeals Tribunal will be replaced with the Administrative Review Tribunal.
All pending MRT matters will continue in the ART when the change is implemented which is expected later this year.
Of significance to applicants is that members will be able to refuse applications at an early stage if they believe an application is frivilous or vexatious. In these circumstances the Applicant will be given 28 days to essentially prove up the application it not frivilous or vexatious with the matter then being re-instated if successful.
The impact of this is that the use of the Tribunal as a strategic tool in order to buy time (i.e. by reviewing and obtaining a bridging visa) may come to an end. Applicants will also need to be able to prove up their matters at a much earlier stage in the process.
