Increased Student Visa Refusal Burdens Australia’s Appeal System

The Administrative Appeals Tribunal (AAT) is currently overwhelmed with appeals, particularly from students whose visa applications have been denied.

As of August 2024, a staggering 71% of migration (non-asylum) cases involve student visa refusal appeals, with the backlog now nearing 16,000 cases. This sharp rise is a result of a substantial increase in onshore student visa applications, many of which are being refused.

These students are often those who initially came to Australia for higher education but switched to vocational education and training (VET) courses, often in pursuit of a pathway to permanent residency. Unfortunately, their new visa applications, primarily for VET programs, are being rejected at a higher rate. The refusal rate for onshore student visa applications hit 73.4% in July 2024, significantly adding to the appeals backlog.

The AAT's August 2024 data reveals that in just two months (July-August), 4,727 new student visa appeals were filed, but only 212 were processed. This shows that the backlog will only continue to grow, despite the AAT being allocated additional resources to cope.

Current average processing times indicate that 50% of student visa refusal appeals take 287 days, and 95% take 743 days, meaning students are using the appeals process to extend their stay, often with work rights.

The situation worsens for students whose appeals are ultimately denied. Many face limited options, including expensive legal challenges or applying for asylum.

The number of students applying for asylum has already increased and is expected to rise further as students exhaust other pathways. Those on temporary graduate visas are also under pressure to find skilled jobs with high salaries, as they can no longer revert to student visas if they fail to do so.

The current state of student visas is a consequence of the rapid growth in visa applications. The third stage of a student visa boom, characterized by refusals and backlogs, is expected to persist for several years.

While the higher education industry may not directly feel the effects of this situation, the growing backlog, increased asylum claims, and taxpayer burden are key issues that will continue to impact the system and Australia’s immigration policies for the foreseeable future.