Automatic and mandatory student visa cancellations  were abolished on 13 April 2013 and replaced by a discretionary framework for dealing with visa condition breaches. This means that if an international student breaches their visa conditions, we will consider the individual circumstances of the breach.

All student visa holders must abide by the conditions that apply to their visa or risk having their visa cancelled. Until 13 April 2013, student visa holders who fail to abide by their visa conditions were subject to automatic and mandatory visa cancellation processes.

 

Why did these changes happen?

These changes address recommendations 24 and 25 of the Hon Michael Knight AO's Strategic Review of the Student Visa Program 2011 (the Knight Review).

The removal of automatic and mandatory cancellation requirements will provide fairer outcomes for students by allowing us to take into account the individual circumstances of a student when considering a breach of visa conditions. This in turn will allow us to commence targeted and strategic analysis of non-compliance and risk in the student visa cohort.

 

What is discretionary cancellation?

Discretionary cancellation involves an immigration officer examining a report and taking the individual circumstances of the breach into account when making a decision on whether or not to cancel the visa.

 

What are the benefits of the change?

Discretionary cancellation for student visas gives our officers discretion in cancelling visas for reported breaches of course progress or attendance requirements. This allows us to distinguish, for example, between a student visa holder who never genuinely intended to study in Australia, and one who may be struggling with particular unit choices and could benefit from a change in course or education provider. This leads to fairer outcomes for student visa holders.

 

What was automatic cancellation?

Automatic cancellation occurred when a student visa holder  was reported by their education provider for not maintaining satisfactory course progress or class attendance. The student visa holder received a notification from their education provider about this breach and had to attend one of our offices within 28 days of receiving this notification, to discuss the possible ceasing of the visa cancellation process. Students who did not contact us within the 28 days had their visa automatically cancelled.

 

What was mandatory cancellation?

Mandatory cancellation primarily occurred when a student breaches visa conditions relating to work restrictions. This included working for more than 40 hours per fortnight or working before their study commences. Mandatory cancellation also occurred for failing to maintain satisfactory course progress or class attendance.

 

What has stayed the same?

Student visa holders still need to meet the conditions of their visa, including maintaining course progress and attendance. Education providers still need to tell a student if they breach their visa conditions and to report this information to us for action.

 

Do the changes mean that student visa holders no longer face visa cancellation?

No. The ability to maintain satisfactory course progress and attendance is considered to be an indicator of a student visa holder's genuine commitment to their studies. Under these changes education providers still need to report a student visa holder who has failed to maintain satisfactory course progress and attendance. Each report will be assessed by one of our officers.

 

I am a student visa holder and have received a section 20 notice–what do I do now?

Up until 13 April 2013 education providers issued students a notice under section 20 of the Education Services for Overseas Students Act 2000 (the ESOS Act), known as a 'section 20 notice'. A section 20 notice was  issued to a student who breached their visa conditions. If you received a section 20 notice on or before midnight 12 April 2013 you must comply with it by attending one of our offices within 28 days of the date specified in the notice. If you do not, your visa will be automatically cancelled.

 

My visa has been automatically cancelled–what do I do?

If your visa has been automatically cancelled, you should visit one of our offices as soon as possible to discuss your visa status. You may be eligible to apply for a revocation of the automatic cancellation.

Any eligible student visa holder who has had their visa automatically cancelled can still apply for a revocation of the cancellation, even after 13 April 2013. If you would like to request revocation of an automatic cancellation, please email the Student Integrity Unit.
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I am no longer studying and have completed my course early and would like to request cancellation of my Student Visa – what do I do?

If you are no longer studying and would like to request cancellation of your student visa, please email the Student Integrity Unit for further information.
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What impact will the changes have on education providers?

From 13 April 2013, a student's visa must no longer be able to be automatically cancelled and education providers must no longer issue students a section 20 notice.

Education providers will be required to report students who breach course progress or attendance requirements to us and must still  inform the student that they intend to report the visa condition breach.

Breaches of student visa conditions will be assessed at the discretion of our officers.

For more information on the impact of these changes for education providers
See: What's New for Education Providers

 

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Contact Us

Level 13, Queen St.,Melbourne, Victoria, Australia

 Australian Visa Consultants Operating Hours Monday to Friday: 8am - 5pm 

Phone +613-8648-6525

Cellphone 927-530-7852

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With offices based in Philippines.

Mindanao branch: 2nd Floor, St. Gregory's Building, 6th cor. 17th Sts. Nazareth, Cagayan De Oro City, 9000 Philippines

 Australian Visa Consultants Operating Hours Monday to Friday: 8am - 5pm 

Phone +63 88 323 4252

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 Luzon branch: Level 10-1 Fort Legend Tower, 31 Sts. & 3rd Avenue, Bonifacio Global City, Taguig City, 1634 Philippines

 Australian Visa Consultants Operating Hours Monday to Friday: 8:30am - 7pm  
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