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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About the Author:

Paul Sadler is a prominent Sydney based migration law expert. Paul possesses wide ranging experience across a number of visa categories with specialisation in employer sponsored, business skills and complex migration. Paul is highly accomplished in such complex migration cases as waiver requests, responses to notice of intention to consider cancellation, visa cancellation revocation requests, application for release from immigration detention and PIC 4020 appeals, both at Departmental level and the Administrative Appeals Tribunal (AAT). Paul is also fluent in Mandarin and Indonesian. MARN 1382089.
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