What is the best thing to do, re lodge my visa or appeal.
Lawyer Answers
mohammad mehdi ghanbari
Hello,
Thank you for reaching out. I understand this must be a very stressful and disappointing time, but please know that a visa refusal is not necessarily the end of the road for studying in Australia. Here is some general advice regarding your situation.
Based on the circumstances you've described, reapplying for the visa with a stronger application is generally the recommended path forward, rather than appealing the decision. The option to appeal a visa refusal is typically available only to applicants who are already in Australia (onshore). For those who applied from outside of Australia (offshore), the most effective option is to address the issues from the refusal and submit a new, more thorough application.
Understanding the Refusal
A visa refusal based on "financial incapacity" is common and often relates to how the funds are presented, not just the amount. The Australian Department of Home Affairs needs to be convinced that you have genuine and unrestricted access to the funds for your studies. Simply providing a third-party bank statement, even from a close relative like a sister, is often not sufficient proof on its own.
The case officer must be satisfied with:
The relationship between you and your sponsor.
That the sponsor has the financial stability to support you without affecting their own livelihood.
That the funds are genuinely available to you for the entire duration of your stay.
Strengthening a New Application
When you reapply, it is crucial to directly address the reasons stated in your visa refusal letter. To strengthen your financial evidence, you should consider including the following:
A Statutory Declaration or Affidavit A formal, signed statement from your sister confirming her relationship to you, her intention to sponsor your education and living costs, and that the funds are dedicated to this purpose.
Evidence of Sponsor's Income Documents showing your sister's regular and stable income, demonstrating that she can afford to sponsor you.
Proof of Relationship Official documents like birth certificates to legally establish your relationship with your sister.
Bank Statement History Instead of a single statement, provide records for the last 3-6 months to show the funds have been stable and are not just a recent deposit for the visa application.
Please note that this is general advice. For a detailed review of your official refusal letter and a personalized strategy to build a much stronger application, I offer consultations at a reasonable fee.
You can reach me on WhatsApp to discuss your case further.
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