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.

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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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