The Koala was contacted by an English provider who received a visa refusal which was perplexing. The Koala investigated and it appears inconsistent refusals continue and are now causing sector wide issues.
The example
The applicant is seeking to study English in Australia to improve their employment outcomes back in Spain.
- The college in question is an Assessment Level 1 Education provider (the least risk)
- Spain is an Assessment Level 1 country (least risk)
Following are relevant excerpts from the visa refusal letter:
The applicant’s circumstances in their home country
I have considered the applicant’s circumstances in their home country.
I have had regard to whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is already available there.
The applicant has provided reasonable reasons for undertaking study in Australia, including the value of studying ELICOS in an English speaking country. I give some weight to this in favour of the applicant.
I have had regard to the applicant’s personal ties to their home country and their economic circumstances, and whether those circumstances would serve as a significant incentive for the applicant to apply for a Subclass 500 (Student) visa as means of obtaining entry to Australia for purposes other than study.
I acknowledge that the applicant has personal ties in their home country in the form of their parents and two siblings and place some weight on that in favour of the applicant. However, they have not provided evidence of their parent’s assets. I am concerned that the applicant’s economic circumstances would serve as a significant incentive for the applicant to apply for a Subclass 500 (Student) visa as means of obtaining entry to Australia for purposes other than study.
The applicant’s potential circumstances in Australia
I have considered the applicant’s potential circumstances in Australia.
I acknowledge that the applicant has demonstrated some knowledge of living in Australia, their intended course of study and associated education provider, and give some weight to that in favour of the applicant.
Value of the course to the applicant’s future
I have considered the value of the course to the applicant’s future.
I have had regard to whether the primary applicant is seeking to undertake a course that is consistent with their current level of education, whether the course will assist them to obtain
employment or improve employment prospects in their home country or another country, and the relevance of the course to the applicant’s past or proposed future employment.
The applicant stated that they would have an opportunity to work in their home country or another country on completing their studies “Upon completion, my improved English proficiency will not only enhance my employment prospects in Spain but also broaden opportunities internationally. A higher level of English opens doors to diverse job roles and potentially higher salaries. I have obtained the opportunity to return to my previous construction assistant position at [withheld for anonymisation]. Moreover, mastering English is essential for my future academic pursuits in Spain”, but did not provide any convincing evidence to support this. I am not satisfied the applicant has demonstrated that the proposed course will assist them to obtain employment or improve employment prospects in their home country or another country.
Conclusion
On the basis of the above, I am not satisfied that the applicant is a genuine applicant for entry and stay as a student. Accordingly, I find that clause 500.212 of the Migration Regulations is not met.
The Koala find this decision perplexing at best and wonders what individuals would need to do to allay the fears of immigration to study English in Australia.
The Koala feels for the student, and students in these situations as they have just forgone a AU$700 visa fee.
The Koala spoke to a number of providers who attest that these types of refusals are ongoing, increasing in numbers and extremely difficult to navigate.
Downstream concerns
The larger issue that has not been spoken about widely is what these visa refusals do to colleges (and universities) over an extended period of time.
This may be one visa rejection. It may be inconsistent. It will now sit as a black mark against an assessment level one provider (lowest risk) and it’s from a country of origin that is also assessment level 1 (lowest risk).
Over time, these refusals build up and will affect the education providers risk rating. This particular college, while level 1 now will inevitably drop to level 2 and if the refusals keep coming they will drop to level 3. Once at level 3 the ability to have a visa approved would have diminished considerably and their operational viability must be questioned.
In investigating this story another provider concurred and stated they were expecting their VET offering to drop to level 3 shortly as the number of refusals of this nature are taking their toll. The owner of the college was in despair as it was only at Christmas time, they were assessment level 1 (lowest risk) and are now facing an uncertain future.
To be clear, in both examples, we are not speaking of dodgy, backdoor colleges. They are reputable English language colleges that have been operational for a very long time.
The Koala understands that dodgy operators need to be booted. Do it! And do it fast! But, and it’s a big but, a large number of genuine operators with long-standing history in the sector are now being caught up in immigration assessments that are subjective and lacking in logic.
If this continues, the sector, more widely, is at risk.
