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Yogesh

Refusal under 500.212 schedule 2 clause

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I have applied for Australian student Visa (500). Unfortunately I got a visa refusal under 500.212 schedule 2 clause. Is there any chance to reapply?

And,

If there is a chance to reapply, do I need a revised Ecoe or I can reapply with the current Ecoe?

Reasons for Student Visa Refusal

I have considered the applicant’s circumstances in their home country .The applicant has not demonstrated sufficient economic ties to their home country. I acknowledge that the applicant has personal ties in their home country in the form of their immediate family however I find that these ties do not, of themselves, constitute a strong incentive to return home at the completion of the proposed study. I am therefore not satisfied that the applicant has been able to demonstrate personal or economic ties that would serve as a significant incentive to return to their home country.
 
I have considered the applicant’s potential circumstances in Australia. The applicant has not provided any evidence of strong personal ties to Australia that would serve as an incentive for them to remain at the completion of their proposed study. I acknowledge the applicant’s statement in their application, which states that they wish to study in Australia because of the quality education and safe environment. However, the applicant has not demonstrated that they have sufficiently researched their options in other countries or their home country. This raises concerns regarding the applicant’s motivation to study in Australia and given they have not substantively investigated study options in other countries and their home country I cannot be satisfied, given their individual circumstances, that they genuinely intend a temporary stay in Australia.
 
I have considered the value of the courses to the applicant’s future. I have considered the applicant’s statement of purpose in which they have set out their reasons for undertaking their intended course of study in Australia. Whilst I acknowledge their desire to secure employment in their chosen field. The applicant has not demonstrated a clear and substantial improvement arising from the proposed study that will outweigh the significant time
 
and monetary commitment this course would require. Taking, the above factors into consideration, I am not satisfied that the applicant has clearly demonstrated the value of the proposed course(s) to their future.
 
I have taken into consideration the applicant’s previous immigration history. As they had no immigration history to consider that may be beneficial or adverse to the application, this aspect is not relevant to my assessment.
 
I have considered whether there is any other relevant matter, however in this case I have determined that there are no other relevant matters.

 

 

Edited by AFV
Personal details removed

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Welcome to the Australian Visa Forum,

I have removed the student visa refusal notification letter that you attached as it contains you personal details, such as name, date of birth and address etc. However I have added the decision makers reasons for refusal to your post. If applying again this is the most important part of the notification that you should pay attention to.

You can apply again, but unless you can address the reasons for the refusal, it is unlikely the outcome will be any different. 

You can use the same ECOE.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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I went to many consultancies including Idp. I asked them what is the procedure for re-applying after getting refusal under 500.212 schedule 2 clause, the only answer I got from all is: I need to request my university to issue a new Ecoe.

What should I do now?

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22 minutes ago, Yogesh said:

I went to many consultancies including Idp. I asked them what is the procedure for re-applying after getting refusal under 500.212 schedule 2 clause, the only answer I got from all is: I need to request my university to issue a new Ecoe.

What should I do now?

I don't understand why you need a new Ecoe. It should still be valid. Your student visa was refused for not satisfying clause 500.212 and this has nothing to do with your Ecoe. Can you perhaps contact the University and ask them to re-issue another one?

In any event, as AFV has said, your student visa refusal notice detailed why the decision maker was not satisfied that you met the criteria for the grant of a student visa based on the application you previously submitted. You can apply again, but you MUST be able to adequately address ALL of the reasons for the refusal. If you can't then the outcome will not be any different.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

 

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38 minutes ago, Bridge said:

I don't understand why you need a new Ecoe. It should still be valid. Your student visa was refused for not satisfying clause 500.212 and this has nothing to do with your Ecoe. Can you perhaps contact the University and ask them to re-issue another one?

In any event, as AFV has said, your student visa refusal notice detailed why the decision maker was not satisfied that you met the criteria for the grant of a student visa based on the application you previously submitted. You can apply again, but you MUST be able to adequately address ALL of the reasons for the refusal. If you can't then the outcome will not be any different.

My Consultant told me current Ecoe gets cancelled as visa is rejected under general reason (500.212 schedule 2). So I need a Revised Ecoe for reapplying and 99 percent university does not agree to give new Ecoe, they added.

I want to reapply can someone suggest me a good Consultant.

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On 6/16/2019 at 3:59 PM, Yogesh said:

My Consultant told me current Ecoe gets cancelled as visa is rejected under general reason (500.212 schedule 2). So I need a Revised Ecoe for reapplying and 99 percent university does not agree to give new Ecoe, they added.

I want to reapply can someone suggest me a good Consultant.

I do not believe that the ECOE gets cancelled as a result of a visa refusal.  It is a receipt in effect, confirming your enrollment and payment of fees.  You can re-apply with the same ECO.

However, IMMI seem to indicate that your choice of course is inappropriate and also under question.  This would suggest that you need to select,  enroll and pay for a more appropriate course.  This will give you a new ECOE, for the new course.  Maybe that is where the confusion comes from. 

An ECOE can not be transferred from one course to another. You can usually get a full ECOE refund in cases such as yours.

Look for a MARA registered agent here:  https://www.mara.gov.au/search-the-register-of-migration-agents/

 


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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