Relationship breakdown due to violence, should I re-apply for the student visa now?

[guoyingzhang]

Hi, I broke up with my husband and he withdrawn his sponsorship, I am now on a 820 visa. As I am a victim of domestic violence, so I made a declaration together with two competent person's (a social worker and a psychologist) reports sent to the immigaration.


I am now still a full-time student, my question is if my application (801 visa) is refused due to the reason that the immigaration is not convinced that the violence happened, can I then apply for the student visa without the need of leaving Australia as I have to finish my degree? or should I apply the student visa before the decision of my 801 visa is made? Because I heard that if my visa is refused, then I am subject to section 48 which not allow me to apply for another visa in Australia, if in that case, I must go back to my country and apply for the student visa in my country, in order to finish my degree in Australia?


Any one can help?

[Keziah W]

Well, in that case you are better off waiting for a decision from
the Department in relation to the change of your circumstance.
For it is less likely that the Department will refuse a Partner visa if violence was detected in its truest form. So you do not have to worry about the refusal, if that really is your case.

[nvoorst]

Originally Posted by guoyingzhang

if my visa is refused, then I am subject to section 48 which not allow me to apply for another visa in Australia, if in that case, I must go back to my country and apply for the student visa in my country, in order to finish my degree in Australia?


Any one can help?

If your visa is refused, you will indeed be subject to section 48, but you will be able to appeal the refusal.It is best to be prepared for all eventualities, while you wait for the decision on your current application.