Genuine Temporary Entrant requirement Student Visas




Student Visa Refusal #1 Genuine Temporary Entrant Requirement

 

Genuine Temporary Entrant requirement student visas- What is it?

The Genuine Temporary Entrant (GTE) Requirement is defined by the administrative guideline called Direction Number 69.

The Direction is a rule book for case officers deciding on student visa applications.

Continue Reading →

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Student Visa Cancellation





Student visa cancellationStudent Visa Cancellation is highly distressing for people involved. Even worse, it is often very sudden. 

If you receive a NOTICE OF INTENTION TO CONSIDER CANCELLATION (NOICC), or notice of AUTOMATIC CANCELLATION you need to act fast. Note the  following.

  • Note the time to response. The statutory time frame is usually 28 days.
  • The type of decision to cancel will be MANDATORY or DISCRETIONARY.
  • The decision to cancel is most often due to breach of visa conditions.
  • Conditions such as 8202 are discretionary and can be REVOKED.
  • Other conditions, such as breach of work restrictions, are mandatory and cannot be revoked. (There may be avenues of appeal depending on individual circumstances.)
  • Student visa cancellations can either be revoked or reviewed, such as by merits review (Tribunal) or judicial review (the courts).
  • Revocation is most often easier and the most appropriate response to NOICC.
  • Judicial review needs a clear error in law to succeed. Revocation can take into consideration compassionate grounds that tribunals and courts cannot.
  • Migration law provides for revocation requests to be made whilst the visa holder is off shore, or onshore BUT NOT IN IMMIGRATION CLEARANCE (that is, not once you pass out through customs and prior to departure from Australia).

 

Recent Trends

There has been a sharp increase in the number of student visa cancellation enquiries at VISAFAQ.Trend in student visa cancellations

This fits with departmental statistics which show a growth trend in recent times.

The statistics do not show cancellations that were revoked.

According to Australian immigration law, revocations are as though cancellation never took place. Thus, there is no long term effect on the visa holder.

Our Successful Approach

Our success in assisting many clients to achieve revocation of cancellation is in application of Notice 61 provisions of the Migration Act.

Notice 61 provides for grounds to argue that the breach did not occur, or that it occurred for reasons exceptional or beyond one’s control.

Other grounds for successful revocation are able to be applied under Notice 61, for example, issues with defective monitoring, complaints handling, notification, counselling and appeals.




No two cases are identical, so the key to successful revocation is pin pointing the correct avenue of request.

 

Visa cancellation affecting you? For a quick assessment (within 24 hours), email your information, together with correspondence from the Department as an attachment, to info@visafaq.com.au. 

 

Note also that decision-makers must consider all of the facts in a revocation request.

This makes the process highly subjective.

The subjectivity means that some case officers are easily satisfied that the request has merit.

Others will require considerable convincing with solid arguments, law based appeals to reason and merit, and plenty of objective evidence.

Whichever case officer allocated to your request, is difficult to know whether they are easily satisfied of the merits of the case or not.

It is the luck of the draw.

As a final word of caution, it is better to win at the NOICC stage than to seek a revocation request.

It is better to win at revocation request stage than to seek remedy in the courts. To win in the courts, the error in law by the Department must be demonstrated. In most cases this is impossible.

 




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Visa Cancellation Australia




Visa Cancellation Australia – Things to know

Visa cancellationVisa cancellation under Australian immigration law can be initiated by the Department of Immigration and Border Protection (DIBP) for the following reasons:

  • Discovery of false, misleading or ‘bogus’ information during applicaiton;
  • Discovery of fake documents supplied as evidence during application;
  • Character grounds for criminal convictions or, in some cases, associating with known criminal groups;
  • Failure to pass genuine visa holder test – most commonly associated with student visas;
  • Anonymous tip offs and information provided to BIBP anyonmous tip off line that a person is acting in breach of visa conditions;
  • Breach of visa conditions.

Steps of cancellation process

The DIBP will receive adverse information about a visa holder. In the case of student visas, this is most often from the institution in which the visa holder is enrolled.

The Department then investigates the claim, or information recieved.

If satisfied that grounds for cancellation exist, a the visa holder is issued with a Notice of Intention to Consider Cancellation (NOICC).

Contact us immediately if you receive a Notice of Intention to Consider Cancellation. Send email with a copy of the Notice attached. We will then contact you for a no-obligation, confidential discussion of how we can assist. Email our migration professionals at info@visafaq.com.au

This is also known as ‘natural justice’ letter, for it provides opportunity for the visa holder to give their side of the story before cancellation proceeds.




The visa holder is given 28 days from date of NOICC letter to provide a response.

If the case holder is not satisfied with the response, and therefore believes cancellation should proceed, the visa cancellation will take place.

The visa holder will be notified of cancellation by post or email. The notice will provide information about leaving Australia and date of cessation of visa.

Can the decision to cancel a visa be reversed?

In many cases, yes. In some, no.

There are different avenues available for former visa holders who have had their visas cancelled. These include:

  • Request for Revocation;
  • Merits review through the Administrative Appeals Tribunal (AAT);
  • Judicial review through the Federal Circuit Court (FCC);
  • Formerly, Ministerial Intervention requests were possible, but access to the Minister is now restricted, however in some cases, appeal to the Minister can be allowed.

The avenue of appeal depends on the type of cancellation, the grounds of cancellation, where the visa holder is at time of cancellation (onshore or offshore); extent of breach, types of breach and many others.

Avenues of appeal can be complex, so please feel free to contact us visa email with as much detail on your case as possible. We will review and contact you back by return email or phone.

 

 




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No Further Stay Condition




No Further Stay Condition – 8503

No Further Stay condition is applied to some but not all visas.

Information on No Further Stay condition can be found on the Australian Immigration website.

When applying for a waiver to the condition, it is important to understand whether the condition applied to your visa is mandatory or discretionary one.

Mandatory simply means it MUST be applied, irrespective of the applicant and the country of application.

Discretionary means it can be applied by a case officer if they believe the visa applicant is at risk of overstaying their visa.

Waiver Request

The Australian Immigration Department’s website at the link above provides grounds for requesting a waiver.

A waiver means the applicant is given permission to make an application to remain in Australia.

The Department must approve this request before the application can be made.

It is also important to remember that bridging visas are not issued against waiver requests.

If you need to remain in Australia and need to make a waiver request to remove condition 8503 from your visa, be sure to make arrangements to have your bridging visa for the time your request is with the Department.

We can help you with this.

A waiver request must also be accompanied with adequate support documentation. Strong arguments with little or no (or incorrect) documentary evidence will fail.

Finally, it deserves note that a large number of waiver requests fail. Some have zero chance of success. Others have some chance of success but may be poorly or incorrectly written. Inadequate evidence in support of arguments is also another factor why so many waiver requests fail.

 




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Visa Cancellation on the Rise

Visa Cancellation is a growing trend

Australian government reporting in the Senate in late 2015 has shown a dramatic increase in visa cancellation.

The introduction of data matching systems across government departments, including state and federal jurisdictions, has allowed compliance monitors to identify breaches of conditions by visa holders.

Student visas in particular have seen a marked increase in cancellations. This has resulted in thousands of deportations or requests to depart Australia within 28 days.

If you are subject to a Notice to Consider Cancellation, contact us for FREE ADVICE or add a comment on HOME page. 

Senate data shows 10,949 student visa cancellations took place last year. The reasons for cancellation were largely breaches of visa conditions.

Other grounds for visa cancellation were failure to pass the genuine student test.

It is worth noting that the genuine student test is applied consistently from application and throughout the period of visa validity.

Mandatory and Discretionary Visa Cancellation

Visa cancellation is either mandatory or discretionary.

Simply, mandatory means the visa MUST be cancelled. This means that request for review or to argue for a better decision is near impossible.

Discretionary means that the case officer may decide to give a warning or just proceed to cancellation. This type of cancellation can be appealed.

Appealing for reversal of cancellation can be made as a Request for Revocation.

It is also important to bear in mind that the location of the visa holder at time of issue of notice is important. If onshore (in Australia) it is possible in most cases to appeal a decision.

Where a visa holder is offshore, there are SOME circumstances where an appeal can be made.

If a visa holder is in immigration clearance, there is no chance to make such an appeal.

visafaq REMEMBER TO LEAVE A COMMENT ON THE HOME PAGE IF YOU HAVE A QUESTION OF A GENERAL NATURE. WE CAN PROVIDE FREE ADVICE THAT MAY BE OF ASSISTANCE TO OTHER PEOPLE IN A SIMILAR SITUATION.

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Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal

Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal

Partner Visa Refusal

But not just partner visa applications!

A recent client case has come across my desk and has reminded me of how a genuine visa applicant can be refused by the Department of Immigration and Border Protection because of a simple lack of evidence to support their claims.

They were a genuine couple, deeply in love but a long history of relationship – but with very little to show of the facts of their relationship!

Evidence in the visa assessment process is critical to a positive outcome.

So many visa refusals can occur on the flimsiest of grounds by over zealous case officers because a lack of credible evidence leads to an adverse assessment that the visa applicant is simply lying or making things up.

But in so many cases this is simply not true.

Visa applicants need to understand that visa application assessments are done by humans working through a mechanical process of pass or fail against ‘grant criteria;.

Just believing that you meet the grant criteria for the visa you are applying for is a tragic mistake so many visa applicants make. This applies generally to employment, business and investment visa applicants, but even more so for partner visa applicants.

I send out a timely reminder to all readers of this blog that if you are not sure, reach out and ask!

Blogs and hearsay on what other people say worked for them does not always result in a positive visa application outcome for some. Do not risk it!

Seek the advice of a registered migration professional, such as us here at VISAFAQ or the many registered lawyers and migration agents with the Office of Migration Agents Registration Authority (OMARA can be found at www.mara.gov.au).

Remember, it is better to be safe than sorry. Visa refusal can result in wasted money, time and emotional trauma. For onshore applicants, it can result in Section 48 bar (meaning you would need to go offshore to make another application for the visa you require).

Feel free to contact me if you have any concerns about your application (pre and post application enquiries welcome).

 

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Visa application fee refunds – Not what they seem

In all my years of dealing with the Department of Immigration and Border Protection there is one thing I have learned. THEY DON’T LIKE GIVING MONEY BACK!

Visa application fee refunds are available to visa applicants on a limited set of circumstances.

refundThe Department assessing requests for visa application fee refunds against relevant provisions in the Migration Regulations.

A number of clients have approached us to seek refunds for visa applications withdrawn for various reasons. Unfortunately, most are disappointed to learn that refunds are selectively granted in a small number of circumstances.

Refund assessments are either ‘mandatory’ or ‘discretionary’.

Refund of visa application charges are firstly assessed against mandatory provisions. If none are found to apply, then the request for refund is assessed discretionary provisions.

 

Mandatory Provisions

Regulation 2.12F(1)(a)(i) and 2.12F(2) of the Migration Regulations (1994) specify the mandatory provisions. These include the following.

  • the application wa​s ‘unnecessary’ at the time it was made;
  • the application is made because of a mistake made by the department;
  • the applicant dies before a decision is made on the application;
  • the application was made in Australia and was for a Tourist visa or for a Medical Treatment visa;
  • the application is for an employment visa but no approved nomination was made identifying the visa applicant;
  • the application was withdrawn because the applicant does not have an approved sponsor.

As the above shows, the mandatory provisions are quite limited.

 

Discretionary Provisions

Under regulations visa application charge may be refunded if the visa application is made because of a mistake made by the applicant.

This provision allows for a refund if the visa applicant mistakenly applies for the completely wrong type of visa.

This provision is intended to cover situations where the application was not ‘unnecessary at the time it was made’ but where the visa was the wrong one for their situation.

Whether a refund is made in this circumstances is solely at the absolute discretion of the departmental officer concerned.

For questions or concerns about visa application charge refunds feel free to contact us for a no obligation discussion.

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ATO Data Matching Temporary Visa Holders Beware




ATO Data Matching Temporary Visa Holders Beware

The Australian Taxation Office (ATO) has recently published new protocols on data matching between Commonwealth Departments and Agencies.

ATO data matchingIntroduction of the new protocols is expected to dramatically increase fraud detection.

Possible non-compliance and fraudulent activities of up to 1 million temporary visa holders are to be scrutinized.

The period of review will cover successive financial years from 2013 and will continue to the end of 2016-17 financial year.

Details of data matching protocols for temporary visa holders available here.

Details of ATO protocols and procedures available here.




Sanctions and penalties for individuals and organisations found to be involved in activities defrauding the Commonwealth are to include visa cancellations, fines and possible jail sentences.

Information will be collected from an estimated 1 million visa holders and is likely to include:

  • Address history for visa applicants and sponsors
  • Contact history for visa applicants and sponsors
  • All visa grants
  • Visa grant status by point in time
  • Migration agents (visa application preparer who assisted or facilitated the processing of the visa)
  • Address history for migration agents
  • Contact history for migration agents
  • All international travel movements undertaken by visa holders (arrivals and departures)
  • Sponsor details (457 visa)
  • Education providers (educational institution where the student visa holder intends to undertake their study)
  • Visa subclass name.

This information will used to improve the integrity of visa program and compliance with migration and taxation laws. Efforts are expected to greatly reduce immigration fraud and assist in developing strategies to address effective operation and compliance.

If you are concerned about possible non compliance, contact us for a confidential, obligation free consultation.




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What is a section 20 Notice of Intention to Cancel my student visa?




Section 20 Notice Student Visa

The Education Services for Overseas Students (ESOS) Regulations 2001 contains section 20 notice student visa.

Visa cancellationThe section 20 notice provides legal guidelines for Immigration officers to following when commencing visa cancellation. The guidelines must be followed to protect the rights of the visa holder.

Australian law provides for fair and proper treatment of students by education providers (schools, colleges, universities, etc) in respect to their visas. Section 20 notice is the formal communication from the school that they are required to inform Department of Immigration and Border Protection (DIBP) of a change in circumstances that should result in a cancellation of a student visa.

The notice should specify

– The reason for the breach of visa conditions (non-payment of fees, poor attendance or academic performance, etc)

– Requirement for the student to attend an interview with a DIBP official within 28 days of receipt of the notice.

How to stop section 20 cancellation?

It is important to act at the time you receive a section notice of intention to cancel you visa.

You need to respond to grounds of cancellation made by the department in the time required to do so. You need to address the specific breach of condition or other alleged misconduct.

You must also bear in mind that not all breaches of condition can be successfully appealed and turned back.

For FREE ADVICE of a general nature, leave a comment in the comment box on the HOME page

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10 year ban on re-applying for Australian visas now in place

Stronger measures to crack down on identity fraud have recently come into force in Australia’s immigration system.

From 22 March 2014, penalties under the so called Public Interest Criteria (PIC) 4020 were increased from 3 years to 10 years. Applicants will not be able to make application for an Australian visa with PIC 4020 requirement for 10 years if there were found to have provided false information about their identity.

This restriction will also apply to individuals found to have committed identity fraud when applying for a visa previously when they are included as secondary applicants on a visa application.

The one-fails-all-fails principle will thus apply so it is essential that members of the same family unit making combined applications for a visa were not previously found to have committed identity fraud. If so, the entire family unit will be barred from making application.

The 10 year ban applies only to refusals made under the new identity requirements, not to refusals made under pre-March 22 regulations.

The 10 year period operates concurrently and not cumulatively, so that persons banned under former arrangements (3 years) will be facing 3 and 10 year bans concurrently.

As a further sign of the government’s intent to crack down on identity fraud in Australia’s visa and immigration system, the power of the Minister to waive the restrictions (either for compelling or compassionate reasons) have now been removed. The Minister will no longer have the power to waive the restrictions.

The purpose of the new arrangement is to strengthen the integrity of the migration program and deter identity fraud by introducing strict consequences where a visa application is refused because the applicant, or a member of their family unit, knowingly attempted to gain entry to Australia with fake identification.

WARNING: If you have made application for Australian visa with PIC 4020 requirement but that application has not been finally determined, and you believe you may be at risk of PIC 4020 10 year ban on reapplying for another visa, you will need to submit a correction of information form to the Department.

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WARNING: UNAUTHORISED IMMIGRATION WEBSITE

WARNING: UNAUTHORISED IMMIGRATION WEBSITE FOUND TO BE DEFRAUDING CLIENTS

The Department of Immigration and Border Protection (DIBP) recently warned of false and unauthorised websites attempting to defraud would be migrants of money and identities.

One website in particular, www.immigovau.co, mimics the current departmental website in appearance and layout, particularly when using certain browsers.

A departmental spokesman said it was a well-camouflaged fake which should be avoided. All Australian Government websites end with the country code gov.au.

“While there is no evidence that the department’s own web presence has been compromised, we advise web users who are looking for information on the department to make sure they visit the department’s official site at www.immi.gov.au,” the spokesman said.

“This issue is not unique to our department and is a common issue for companies and organisations which use websites to communicate information to their clients.”

Web users should ensure they have the www.immi.gov.au address in their browser when they are looking for information on the department and avoid this unauthorised website.

Consumers need also be care of other types of migration fraud, namely:

– Fraudulent phone calls from persons claiming to be a case officer from the DIBP, requesting credit card payments over the phone — NOTE: DIBP NEVER CALL TO REQUEST PAYMENTS OVER THE PHONE FROM CLIENTS. PAYMENTS TO DIBP ARE HANDLED BY A COMPLETELY DIFFERENT SECTION TO DEPARTMENTAL UNITS WHERE CASE OFFICERS WORK. 

– Promises made by unregistered (and therefore NON-REGULATED) migration agents promising Permanent Residence or making claims that they know people inside DIBP and can guarantee a positive result. NOTE: DIBP employees are carefully monitored and scrutinised for signs of corruption or bribery. Heavy sentences and lengthy jail terms are imposed on government employees found to be involved in such criminal and illegal activities. Always ask for the migration agent’s Migration Agent’s Registration Number and check it for currency against the OMARA website at www.mara.gov.au.

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Beware ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 3)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS?

cancelAll forms of correspondence such as email,text messaging, blogging, letters, postcards and the like are used extensively by departmental case officers to corroborate stories, accounts, claims made in applications, etc. It is important when compiling such material as documentary evidence, such as in demonstrating relationship between sponsor and applicant, that different sources and modes of communication are used. This is a form of cross-checking you can do on the case officer’s behalf.

Traditional forms of communication such as letters are carefully analysed and scrutinised for authenticity and veracity (ie. truthfulness). Envelopes are noted for origin, date of time stamp and even style.The method of postal sending and receipt is understood in order that the case officer can make an assessment of how likely or possible a form of communication can be. For example, an applicant may claim that regular mail correspondence was sent from a certain remote location in country X to country Y. In checking the operations of the postal system in both countries and the form of postal communication used, case officers can assess the claims using this sort of background analysis.

Other things to be aware of when using traditional modes of hand writing that the level of analysis used on the paper used, thicknesses, weight, colours, sealant used on envelopes (such as glue), creases and impressions on paper etc. The same applies for analysis of the hand written word, down to type and colour of pen, pressure used by hand writer and style of writing. Comparisons are made of earlier and later forms of hand written documentation evidence to ensure consistency throughout.

Communications may also take different forms according to the cultural ideosyncrasies of the region in which the applicant resides or originates. It could be worthwhile in your dealings with the departmental case officer to point such things out in order to avoid suspicion of handling and submitting bogus documentation.

The hints, tips and tricks above are a guide only and not a definitive discussion of all methods used by the Department in checking the authenticity and validity of documentation. If unsure, seek professional advice from a MARA registered migration agent or lawyer.

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Beware ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 2)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS?

cancelAs Mentioned in Part 1 of this series, heavy penalties are now being introduced by DIBP for people found to have submitted — knowingly or otherwise — false or misleading documents or proven to have filled in forms with incorrect information. PIC 4020 rules now allow for restrictions on making further visa applications of up to 10 years to be applied to individuals caught out submitting false or fraudulent — and in some cases just plain wrong — information and documentation.

The following are insights into how departmental case officers assess documents and information for falseness.

Documents such as Notice of Intended Marriage (NOIM) and Statutory Declarations are used extensively in partner visa applications in particular. These are legal documents so they need to be treated carefully and with a view to ensuring that no false or misleading information is contained within. Signatures are rigorously checked by assessing officers and cross matched with databases within the DIBP and in some cases cross departmental databases in Australia and overseas.

Forms are also checked for how many different hands have written information into individual questions. Recurring signatories are flagged for further investigation and could be the trigger for an eventual refusal.

Registraiton of notaries are also checked for current status ‘at time of application’. Unregistered notaries, agents or service providers, such as Marriage Celebrants, could render the document INVALID.

Be sure to check the current state of registration of any service provider you engage for your visa application.

If unsure, as always, seek professional migration advice from a MARA registered migration agent.

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Beware of ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 1)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS?

cancelBogus documentation is dealt with in s97 of the Migration Act (1954). Bogus documents are defined as being false in a material particular, which basically means documentation that is telling a lie or hiding the truth.

The Act defines a bogus document thus

‘in relation to a person, means a document that the Minister reasonably suspects is a document that:

(a) purports to have been, but was not, issued in respect of the person; or

(b) is counterfeit or has been altered by a person who does not have authority to do so; or

(c) was obtained because of a false or misleading statement, whether or not made knowingly’

The Australian government is presently stepping up efforts to crackdown on all types of migration fraud, such as fake passports and personal identification documents. Cutting edge fraud detection technology and data matching across government departments and with international agencies is further assisting the Department with this aim of reducing, if not eliminating, all forms of migration fraud.

Aside from measures to detect fraudulent visa applications, the Australian government also announced recently the increase in penalties for persons found to be submitting bogus documentation (under the PIC 4020 rule) to dis-allow an individual from applying for another substantive visa for 10 years.

It is also important to note, that ignorance is no protection under the law.

Whether you knowingly or unwittingly submitted information or documents that were false, you can still be liable for this 10 year exclusion penalty.

It is therefore CRITICAL that when you are making application for an Australian visa that all documents (including questions you answer on application forms) submitted to the Department in support of applications are true, genuine and accurate.

If you are not sure, consult a professional migration agent or lawyer.

The following are some simple insights into the way DIBP officers deal with supporting documents and evidence when reviewing your application.

NOTE: Recent MSI (Migration Series Instruction) 292 states that there is no power in migration legislation to refuse an application because the applicant ‘may not be who they say they are or may have presented a bogus document’.

1. Rules in preparing and handling official documents – Birth, Death, Marriage Divorce Certificates – There are local ideosyncrasies and peculiarities with uch official documents. When submitting your application it will help to point this out and explain the differences that may exist. This will help to remove doubts about authenticity of documents and avoid suspicion that you are giving ‘a bogus document’.

Think of other corroborating evidence such as baptismal certificates, local religious or government registries. Be aware that the Department is aware that corruption is a problem in many local official offices. There are limits upon case officers over how deeply they can delve into your past, so if you feel the Department is breaching your privacy rights, consult a legal professional.

Like with any type of visa application, and more generally in your dealings with the Department, it is important to think outside the box and to try to pre-empt the moves of the case officer before they make a decision not favorable to you. It is a good idea to consult with a good migration agent or lawyer on this point if you do not already have an appointed representative.

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Changing Course

Changing course after the first six months – Subclass 573 to 572

changing courseIf you have completed six months of the highest qualification course in which your visa was granted, you may choose to change courses or educational sectors. If you choose to change education sectors you must apply for a new visa and continue to study your original course until your new visa is granted for your new course. Names of people and education providers in this story are fictional for the purposes of this case study.

Kumar arrived in Australia on a Higher Education Sector (subclass 573) student visa.

He commenced his bachelor degree at Wattle University; studying a Bachelor of Communication to learn about the role of communication in modern society.

Kumar had aspirations to open his own mobile phone store. After two months studying Kumar decided he wanted to change to a Diploma of Marketing. He felt the diploma course was more suited to his career aspiration as it would provide him with sound theory and knowledge of marketing to enable him to progress his career prospects in sales and marketing management.

While continuing his studies at Wattle University, Kumar researched education providers and approached Bottlebrush Institute and enquired about enrolling in a Diploma of Marketing. The Bottlebrush Institute administration staff advised Kumar he would need to provide a release letter from Wattle University, before he could enrol in this diploma course.

Kumar was confused and didn’t understand why he needed a release letter.

The administration staff explained that a release letter was required because he had not completed six months of the Bachelor of Communication for which his subclass 573 visa was granted. Following receipt of this advice from the Bottlebrush College, Kumar checked the conditions of his student visa with the Department of Immigration and Border Protection.

The department confirmed Kumar’s visa was granted to study in the higher education sector at Wattle University. If he wanted to study a Diploma of Marketing, he needed a subclass 572 student visa, which is the correct visa for students who study a vocational education and training courses.

Upon receiving this information Kumar continued studying his Bachelor of Communication at Wattle University. He decided after completing six months of this course (his principle course) he would transfer to the diploma. He later applied for the diploma course with the other institution and obtained a confirmation of enrolment for the diploma.

He then applied for a Vocational Education and Training Sector (subclass 572) student visa.
Source: Immigration blog.

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Common breach of conditions that lead to student visa cancellations?

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Student visas are monitored for compliance by Immigration officials in accordance with Australian Immigration Law.

Schools and colleges are required to keep records of student attendance and performance.

Attendance below 80% or consistent poor performance may result in cancellation of visas.

Most often, cancellations occur because of breaches to

– 8105 Limitations on working hours

– 8202 Unsatisfactory course progress or attendance

– 8533 Failure to notify service provider of address change

Of these conditions, breach of Condition 8105 is considered very serious by the Department.

In such cases there are little or no grounds to seek ‘revocation of the decision’ by the Department. 

When cancellation is proceeding by the Department (and revocation is not possible) the next avenues of appeal are merits review, then judicial review.

Condition 8202 provides avenues of appeal for students notified of intention to cancel their visa (visa holders will have 28 days in which to speak with a Departmental officer to give reasons for revocation of the decision to cancel. Otherwise, automatic cancellation of student visa will result, in accordance with Australian immigration law.




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