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Student Visa Rejected After Paying a Consultancy? Here Is What You Can Do

13 June 2026Β·9 min readΒ·By ConsultancyCheck
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Your consultancy took your money, your visa was refused, and now they are not taking responsibility. Here is your legal position, your appeal options, and how to identify if the consultancy caused your rejection.

You hired a consultancy specifically so your visa would not be refused. You paid their fee. The visa was rejected anyway. Now they are telling you the refusal was "beyond their control" and the fee is non-refundable.

This is one of the most common complaints on ConsultancyCheck. Here is how to assess your situation and what your options are.

First: Understand Why the Visa Was Refused

Read the refusal letter carefully. Immigration authorities are required to provide reasons for refusal. Common refusal reasons include:

Reasons that may be consultancy error:

  • Documents were incomplete or incorrectly certified
  • Financial evidence was presented incorrectly or in the wrong format
  • The GTE (Genuine Temporary Entrant) statement or personal statement was weak or generic
  • Medical examination was submitted incorrectly or was out of date
  • Application was lodged too close to the course start date

Reasons outside the consultancy's control:

  • Genuine concern about applicant's intention to return home
  • Immigration history of the applicant
  • Prior visa refusals to the same or other countries
  • Country-specific visa approval rate pressures

The distinction matters: if the refusal reason is something the consultancy should have handled β€” document preparation, GTE statement quality, financial evidence β€” you have a stronger case for a refund or for a complaint.

1

Request a Full Explanation From the Consultancy

Write to the consultancy in writing (email is fine) and ask them to:

  • Explain specifically what they did to prepare and lodge your application
  • Provide copies of everything they submitted on your behalf
  • Explain what steps they took to address the specific concerns raised in the refusal letter

Do this in writing so you have a record of their response (or non-response).

2

Get a Second Opinion on the Refusal

Before lodging an appeal or reapplying, get an independent assessment of your refusal from a registered migration agent or immigration lawyer β€” not the same consultancy. Bring the refusal letter and all documents submitted in your original application.

An independent professional can tell you:

  • Whether the application was prepared competently
  • What your realistic chances are on appeal
  • What changes would improve a fresh application

This typically costs $150–$400 for an initial consultation and is worth every dollar before spending more on an appeal or reapplication.

3

Your Appeal Options

Australia (Subclass 500 refusal):

You can apply to the Administrative Appeals Tribunal (AAT) for a merits review within 21 days of receiving the refusal notice. The AAT reviews whether the decision was correct on its merits β€” not just whether the procedure was followed. AAT hearings allow you to provide additional evidence.

United Kingdom:

Most student visa refusals do not carry a right of appeal β€” instead you have the right to an Administrative Review (AR) within 14 days (if outside UK) or 28 days (if inside UK). The AR checks whether the refusal decision was correctly made under the Immigration Rules, not whether it was fair. You can also lodge a fresh application.

Canada:

Study permit refusals can be challenged through Judicial Review at the Federal Court, but this is expensive and slow. In most cases, a stronger reapplication addressing the specific refusal reasons is more effective.

Warning

Warning: Be very suspicious of consultancies that offer to "guarantee" a successful appeal for an additional fee. No one can guarantee an immigration decision. Consultancies offering such guarantees are either dishonest or will take your money and provide minimal service.

4

Your Rights Regarding the Consultancy's Fee

If the consultancy made clear professional errors:

You may have grounds to claim a refund through:

  • Your credit card chargeback (if paid by card, act within 60–120 days)
  • Small claims tribunal in your jurisdiction (NCAT in NSW, VCAT in Victoria, etc.)
  • A formal complaint to the relevant regulatory body

If the service agreement excluded liability for refusals:

Most consultancy contracts include clauses excluding liability for visa refusals. Whether these clauses are enforceable depends on consumer protection law in your jurisdiction β€” in Australia, consumer guarantees under the Australian Consumer Law cannot always be contracted out of if services were not delivered with due care and skill.

Document professional negligence clearly: If you pursue this, you need to show not just that the visa was refused, but that the refusal was caused by the consultancy's failure to provide services competently.

5

Strengthen Your Reapplication

Once you understand why you were refused, a fresh application that specifically addresses those concerns has a reasonable chance of success.

Key improvements for common refusal reasons:

  • GTE statement too weak: Have an experienced professional draft a detailed, specific statement
  • Financial evidence issues: Restructure how funds are presented; ensure 28-day rule compliance (UK) or 3-month history (Australia)
  • Ties to home country: Provide stronger evidence of reasons to return β€” family ties, property, employment commitment

Find a verified consultancy on ConsultancyCheck to handle your reapplication β€” and read reviews carefully before engaging anyone.

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Frequently Asked Questions

Can I get a refund from my consultancy after a visa rejection?

It depends on whether the refusal was caused by the consultancy's professional errors. If the refusal reason relates to document quality, incorrect formatting, or a weak personal statement β€” things the consultancy was responsible for β€” you have grounds to claim a refund through your bank (chargeback), small claims tribunal, or a formal complaint to the regulatory body. Check your service agreement for their stated refund policy.

How long do I have to appeal an Australian student visa refusal?

You have 21 days from the date of the refusal notice to apply to the Administrative Appeals Tribunal (AAT) for a merits review. Missing this deadline means you lose your appeal rights for that refusal, though you can still lodge a fresh application.

Should I use the same consultancy to appeal after they caused my refusal?

No. Get an independent assessment from a registered migration agent or immigration lawyer who had no involvement in your original application. A fresh perspective is essential β€” and if the consultancy caused or contributed to the refusal, they have a conflict of interest in advising you on the appeal.

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