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Student Visa Refusal Overturned at MRT After Genuine Student Status Established

Visa TypeSubclass 572
CategoryStudent Visa

Case Summary

An Indonesian citizen working as a full-time carer for a disabled child had her Subclass 572 Student Visa application refused on the basis that she was not a genuine student. We successfully overturned the decision at the MRT by demonstrating improvements in the child's health and the applicant's genuine passion for her chosen field of study.

Background

Our client was an Indonesian citizen who had been in Australia on a visitor visa, during which she was employed full-time as a live-in carer for a nine-year-old child with a disability. She wished to study Disability and Community Service courses, motivated by the lack of adequate care options available in her home country. She applied for a Subclass 572 Student Visa but was refused by the Department on the basis that her significant caring responsibilities for the child indicated she was not a 'genuine student'. We were instructed to appeal the decision to the MRT.

Challenges

  • The Department found the applicant's full-time caring responsibilities were inconsistent with being a genuine student
  • Establishing that circumstances had changed to free up the applicant's ability to study
  • Demonstrating genuine passion for the subject area beyond the mere act of enrolment
  • Rebutting the inference that care obligations would continue to prevent substantive engagement with studies

How We Helped

We submitted evidence to the Tribunal demonstrating that the child's health had improved, which had significantly reduced the applicant's caring responsibilities and freed her to pursue her studies more fully. We also submitted detailed evidence of the applicant's genuine passion for the disability and community services field, referencing not only her enrolment in relevant courses but also her history of paid and volunteer work in the area. The Tribunal was ultimately satisfied she was a genuine student.

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Key Success Factors

  • Evidence of the child's health improvement reducing the applicant's caring responsibilities
  • Demonstration of genuine commitment to the field through paid work, voluntary work and relevant enrolment
  • Clear narrative linking the applicant's caregiving experience to her genuine motivation to study
  • Thorough rebuttal of the Department's genuine student concerns
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Outcome

The Tribunal accepted the submissions and overturned the Department's decision, finding the applicant was a genuine student. The Subclass 572 Student Visa was granted.

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