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Student Visa (Subclass 500) Granted Despite Three-Year Ban Following Family Hardship

Visa TypeSubclass 500
CategoryStudent Visa

Case Summary

A former international student who had departed Australia without a substantive visa — triggering a three-year ban — due to mental health and family hardship was granted a Student Visa within 3 weeks of applying, enabling her to return to Australia and resume her studies.

Background

The applicant had previously studied in Australia on a Student Visa at both high school and university level. A family member's passing and ongoing family health crises triggered serious mental health difficulties, which prevented her from completing her studies. As she had departed Australia without holding a substantive visa at the time, she became subject to a three-year re-entry ban. The applicant wished to return to Australia and resume her university studies.

Challenges

  • Subject to a three-year re-entry ban following departure without a substantive visa
  • Mental health issues arising from family hardship had disrupted her studies and ability to maintain enrolment
  • Required the Department to exercise its discretion to waive the ban — a high threshold to meet

How We Helped

Our core strategy was to demonstrate that the applicant's departure arose from compelling and compassionate personal circumstances, warranting the exercise of Departmental discretion to waive the ban. We prepared a detailed submission addressing the nature of the departure, supported by a psychologist report documenting her mental health history and the direct link to the family hardship. We established her track record as a high-achieving student in both her home country and in Australia, and reaffirmed her commitment to completing her studies. We also addressed the Genuine Temporary Entrant requirement by demonstrating that her home country ties had strengthened since her departure, through property ownership and stable employment.

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Key Success Factors

  • Detailed submission establishing compelling and compassionate personal circumstances for the departure
  • Psychologist report evidencing mental health challenges and their direct link to the family hardship
  • Evidence of strengthened home country ties — property ownership and employment — satisfying the Genuine Temporary Entrant requirement
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Outcome

The Department accepted the submissions, waived the three-year ban, and granted the Student Visa within 3 weeks of lodgement. The applicant was able to return to Australia and resume her studies.

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