When the Administrative Review Tribunal (ART) sets aside a student visa refusal and remits the decision to the Department, applicants often find themselves at a crossroads. The Department may issue a Natural Justice Letter requesting a new Confirmation of Enrolment (CoE), but what if the applicant’s circumstances have changed?
The 28-Day Window
After receiving a Natural Justice Letter under section 57 of the Migration Act, applicants typically have 28 days to respond with the requested information or provide alternative evidence. This creates a tight timeline for decision-making.
Partner Visa Considerations
If the applicant now wishes to apply for a Partner visa instead of continuing with the student visa, several pathways exist. Lodging an onshore Partner visa (Subclass 820/801) within Australia triggers Schedule 3 considerations if the applicant doesn’t hold a substantive visa at the time of application. They would receive a Bridging Visa C, which has limitations compared to a BVA.
Alternatively, if the applicant holds a Bridging Visa B with remaining validity, they could travel overseas to lodge an offshore Partner visa (Subclass 309/100) within the 28-day period, then apply for a new BVB linked to the Partner application to return to Australia.
Each option has implications for work rights, travel rights, and processing timeframes that should be carefully evaluated.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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