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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