Amendments to Mandatory Student Visa Cancellation - Exceptional Circumstances
8 October 2005 - Legislation change
Client summary
From 8 October 2005 the Migration Regulations 1994 was amended to allow for exceptional circumstances that are beyond a student visa holder's control to be taken into consideration by the Minister prior to cancelling a student visa for a breach of condition 8202.
Condition 8202 relates to a student visa holder's enrolment attendance and academic progress.
Technical details
Subparagraph 2.43(2)(b)(i) retains the requirements that the Minister must cancel a student visa if satisfied that the student visa holder has not complied with conditions 8104 or 8105, where relevant.
Subparagraph 2.43(2)(b)(ii) was amended to provide that, before exercising mandatory cancellation under section 116 of the Migration Act 1958 (the Act), the Minister must be satisfied that the student visa holder has not complied with condition 8202, and that the non-compliance is not due to circumstances beyond the student visa holder's control.
This amendment ensures that student visa holders who attend DIMIA within the required 28 days from the date of the notice under section 20 of the Education Services for Overseas Students Act 2000 advising them of their breach of condition 8202, have their circumstances considered by the Minister in the same way as student visa holders who apply for revocation after their visa has been cancelled automatically under section 137J of the Act.
This amendment applies to the following Student (Temporary) (Class TU) visa subclasses: 570 Independent ELICOS sector visa; 571 Schools sector visa; 572 Vocational education and training sector visa; 573 Higher education sector visa; 574 Postgraduate research sector visa; 575 Non-award sector visa; and 576 AusAID or Defence sector visa.
Additional information: Nil.
Transitional arrangements: Nil.
Forms: 1099 and 1144 will be amended shortly.
Instructions: MSIs 368, 382, 381, 388 and 349 will be amended shortly.
PAM3: GenGuide G and Schedule 8 and Schedule 6A will be amended shortly.
Effect on delegations: Nil.
Effect on systems: Nil.