Student Visa Cancellation – an Unfair System!

Automatic Student Visa Cancellation is one of the unfair ways in which the current Australian Immigration system operates.

Under current legislation, if the student’s registered education provider is of the view that the student is not attending classes or achieving satisfactory performance they have the power, and an obligation, to report the student to the Department. If this occurs, the student will be invited to an interview to explain why they have or if they believe they haven’t, have not breached condition 8202.

Condition 8202 attaches to all student visas and creates an obligation on all student visa holders to achieve satisfactory attendance (80% of classes) and achieve satisfactory class performance.

If the student fails to attend the interview, whether they have actually been notified or not or whether they have actually breached the condition or not, their visa is cancelled automatically by operation of law: This is an example of why it is so important to advise the Department of any change in your contact details.

The student then must apply in writing to the Minister for Immigration asking the automatic cancellation be revoked and this application must be made before the date the visa would otherwise have expired. To successfully achieve revocation, an intimate knowledge of the relevant legislation and case law on the point is essential.

If the student attends and the following the interview the Department officer is of the view the student has breached with condition 8202, the officer can cancel the student’s visa on the spot.  The student then has 28 days to appeal the decision to the Migration Review Tribunal or face being forced to leave Australia.

We are aware of examples where a teacher is alleged to have used this provision to target students they don’t like or wish to cause harm. Also, in another example a student had her student visa cancelled without being sent a request to attend an interview and after having been certified by her college as having completed receiving her certificates of completion. We are also aware of education providers using this provision as a mechanism to force students to either pay course fees or be reported. This is how unfairly this provision of the Migration Act can operate.

If you receive a request from the Department to attend and interview or feel you are at risk of being reported for breach, ensure you attend the interview as directed and contact Ray or myself at Turner Coulson Immigration Lawyers or your migration agent immediately to ensure your chances of avoiding cancellation are maximised.

Turner Coulson Immigration Lawyers Sydney, New South Wales, Australia