Student Visa Refusal – What’s next
IMMIGRATION
Mr. Carl Marlou Saranillo, BS, JD, LLB (1st Class Hons.)
9/16/20262 min read
As of May 2026, Australia has 680,582 international students.
Chinese nationals account for the highest number of international students, having 150,000 enrolled.
The Philippines has 20,187 enrolees.
In February 2026, about 32.5% offshore student visa applicants were refused, yet Australia remains a preferred country because of its strong economy and opportunities after study.
The unfortunate fact about offshore application is that there is no right of appeal when their application is refused. The only option for the applicant is to lodge a fresh application and address the points of refusal in the new application. If you consider coming to Australia as a tourist and apply as a student, this option is no longer allowed.
For prospective international students who plan to come to Australia to study, we suggest that you:
Submit complete documents which include evidence of funds, English test result, certificate of enrolment, passport, birth certificate and proof of health insurance coverage.
Address all the criteria contained in Genuine Student (GS) Direction 106 (applicable Direction as of September 2026).
Explain in detail the requirements in the current Direction for entry as a student: circumstances in your home country - explain your family ties in your home country by showing that you have direct relatives in your home country such as your parents, siblings or children. Aside from your family ties, you also need to establish your economic ties by showing that you have assets and employment back home which are strong incentives for you to return to your home country after the completion of your course.
Explain your potential circumstances in Australia – why will you study in Australia, your previous educational overseas, your qualification and relevance of your course to your career. Make sure that your proposed course of study is relevant to your previous qualifications.
Explain the value of your intended course by enrolling a course that is relevant to your future career and consistent with your previous studies. Consider whether this course will improve your career and whether you expect increase of your income upon completion of your course.
Disclose any refusal of visa application in Australia and in other countries.
Compliance with the Direction is critical to the success of your application as case officers are required to consider all factors specified in the Direction. Case officers will also consider all other relevant information you provide to the Department of Home Affairs.
For current students in Australia, if your student visa is refused, you can appeal to the Administrative Review Tribunal if there is a prospect of overturning the refusal on appeal. They will have to address the above matters and submit complete documents as the courts have consistently held that case officers are required to consider every criterion in the Direction and actively engage or evaluate the evidence submitted by the applicant in their Genuine Student Entry submission.
The statements contained is intended as a general information only and should not be taken as a definite legal advice. If you require personal advice, please contact:
Jessie Icao Solicitors (LPN 5511637) on (02) 96356500