FAQs on general classes of student visas.
Student Visa Refusals – Genuine Temporary Entrant Criteria Student visa applications have seen many refusals despite the inclusion of Genuine Temporary Entrant Statements. Despite a seemingly strong application, there has been a disturbing trend of case officers refusing Student visa applications purely on the basis of ‘not satisfied’. Even more concerning, is the lack of[…]
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[…]
Visa Cancellation Australia – Things to know Visa 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[…]
Student 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[…]
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[…]
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[…]
Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal 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[…]
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. The Department assessing requests for visa application fee refunds against relevant provisions in the[…]
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. Introduction 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[…]
Section 20 Notice Student Visa The Education Services for Overseas Students (ESOS) Regulations 2001 contains section 20 notice student visa. The 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[…]
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[…]
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[…]
HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? All 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[…]
HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? As 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.[…]
HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? Bogus 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[…]
Changing course after the first six months – Subclass 573 to 572 If 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[…]