| Automatic Student Visa Cancellation is one of the | | | | essential. |
| unfair ways in which the current Australian Immigration | | | | If the student attends and the following the interview |
| system operates. | | | | the Department officer is of the view the student has |
| Under current legislation, if the student’s registered | | | | breached with condition 8202, the officer can cancel |
| education provider is of the view that the student is | | | | the student’s visa on the spot. The student then |
| not attending classes or achieving satisfactory | | | | has 28 days to appeal the decision to the Migration |
| performance they have the power, and an obligation, | | | | Review Tribunal or face being forced to leave |
| to report the student to the Department. If this occurs, | | | | Australia. |
| the student will be invited to an interview to explain | | | | We are aware of examples where a teacher is |
| why they have or if they believe they haven’t, | | | | alleged to have used this provision to target students |
| have not breached condition 8202. | | | | they don’t like or wish to cause harm. Also, in |
| Condition 8202 attaches to all student visas and | | | | another example a student had her student visa |
| creates an obligation on all student visa holders to | | | | cancelled without being sent a request to attend an |
| achieve satisfactory attendance (80% of classes) and | | | | interview and after having been certified by her college |
| achieve satisfactory class performance. | | | | as having completed receiving her certificates of |
| If the student fails to attend the interview, whether | | | | completion. We are also aware of education providers |
| they have actually been notified or not or whether | | | | using this provision as a mechanism to force students |
| they have actually breached the condition or not, their | | | | to either pay course fees or be reported. This is how |
| visa is cancelled automatically by operation of law: This | | | | unfairly this provision of the Migration Act can operate. |
| is an example of why it is so important to advise the | | | | If you receive a request from the Department to |
| Department of any change in your contact details. | | | | attend and interview or feel you are at risk of being |
| The student then must apply in writing to the Minister | | | | reported for breach, ensure you attend the interview |
| for Immigration asking the automatic cancellation be | | | | as directed and contact Ray or myself at Turner |
| revoked and this application must be made before the | | | | Coulson Immigration Lawyers or your migration agent |
| date the visa would otherwise have expired. To | | | | immediately to ensure your chances of avoiding |
| successfully achieve revocation, an intimate knowledge | | | | cancellation are maximised. |
| of the relevant legislation and case law on the point is | | | | |