Amendments to Student Visa Condition 8202
1 July 2007 - Legislation change
Client summary
From 1 July 2007, the Migration Regulations 1994 (‘the Regulations’) are amended to substitute a new subclause 8202(3). Condition 8202 is a condition which applies to student visas and relates to attendance and course progress requirements.
Condition 8202 has been amended to provide that:
- The education provider, rather than the Minister will be required to assess whether a student is meeting their attendance requirements
and - A student meets the requirements of the condition if the education provider has not certified that the student has not achieved satisfactory course progress or attendance.
This amendment to student visa condition 8202 reflects changes to the Education Services for Overseas Students Act 2000 (the ESOS Act) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code 2007). In particular, education providers will assess a students course progress and attendance in accordance with standards in the National Code 2007.
If an education provider certifies that a student has not achieved satisfactory course progress or attendance and reports the student to the Department, the Minister will be required to initiate cancellation action of the visa, unless exceptional circumstances can be demonstrated as to why the visa should not be cancelled. These exceptional circumstances will be outlined in a section 499 direction.
Technical details
The following provisions of the Regulations are amended:
Schedule 8, subclause 8202(3)
Additional information: Nil
Transitional arrangements:
The amendments apply in relation to applications for a visa:
- made on or after 1 July 2007
- made but not finally determined before 1 July 2007
and - for a visa granted before 1 July 2007 but only in respect of a breach of visa condition that occurred on or after 1 July 2007.
Forms: Nil
Instructions: PAM3 The relevant policy documents have been updated to reflect these amendments.
Effect on delegations: Nil
Effect on systems: Nil