17/08/2026
Course finished during student visa appeal: Now what?
Students appealing a visa refusal at the Administrative Review Tribunal (ART) frequently ask:
"My original course has already finished while I am waiting for my appeal. Do I need to enrol in another course and continue studying?"
This concern is understandable. Unfortunately, due to the significant delays in the Tribunal's hearing process, many student visa applicants find themselves in a situation where the Confirmation of Enrolment (CoE) used in their original visa application has already expired because the course has been completed long before their appeal is heard.
Continuing studies strengthens your appeal
In a recent hearing before the Administrative Review Tribunal, a visa applicant had completed his original course approximately six months before the Tribunal hearing.
Rather than remaining inactive during that period, he made the personal decision to enrol in another course that was related to his previous qualification. He attended classes, progressed satisfactorily, and continued to comply with his obligations as a student.
This became a positive factor during the hearing. It demonstrated that his intention to study in Australia remained genuine and that he continued to take his education seriously.
The Tribunal also expected that he would continue his studies while awaiting the outcome of the review.
Winning an appeal "On the Papers”
In another recent student visa appeal determined "on the papers" (without the need for an oral hearing), the Administrative Review Tribunal set aside the Department's refusal decision and remitted the matter to the Department of Home Affairs for reconsideration.
While every case depends on its own facts and evidence, this outcome demonstrates the importance of presenting comprehensive evidence and well-prepared legal submissions. Where appropriate, continuing to study and maintaining a genuine commitment to education may assist in supporting an applicant's credibility as a genuine student.
Is enrolling in a new course mandatory?
There is no specific provision in the Migration Act 1958 or Migration Regulations 1994 that requires every student visa applicant awaiting an ART decision to enrol in a new course once the original course has been completed.
However, each case is assessed on its own facts.
Where a student has already completed the course that formed the basis of the original visa application, continuing with further studies may assist in demonstrating that the applicant remains a genuine student and continues to pursue educational objectives in Australia.
If you choose to enrol again, it is generally sensible to select a course that is related to or builds upon your previous qualification, as this may help demonstrate a logical progression in your studies.
Key recommendations for applicants
If your appeal is still pending:
* Continue studying and complete your original course if it is still in progress.
* If you have already completed your course and your hearing has not yet been listed, carefully consider whether enrolling in a further related course is appropriate for your personal circumstances.
* Where possible, choose a course that logically progresses from your previous qualification and genuinely aligns with your education or career goals.
* Ensure that any further study represents a genuine educational pathway and not merely an attempt to remain in Australia.
* Continue complying with all conditions attached to your Bridging Visa and maintain satisfactory academic progress if you decide to continue studying.
Every case is different
Whether enrolling in another course is the appropriate course of action depends on your individual circumstances, including your educational background, future study plans, financial capacity, and the evidence available to support your case.
Before making any decision, obtain legal advice specific to your circumstances.
For further information, please read my article published in the July 2026 issue of the Philippine Times (Australia).
