Recent Court case May Affect Some Student Visa Holders
Media Release - DPS 035/2005
The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) is working to contact student visa holders who may be affected by a recent court case.
In a recent judgment, the Federal Magistrates Court found a notice issued by education providers to students in breach of student visa obligations to be defective.
The notice found by the Court to be defective told students to report to a particular DIMIA office and officer. The court found students should have been directed to any DIMIA office or officer. Any cancellation of student visas where this notice was used may be ineffective.
The judgment affects people who were student visa holders between May 2001 and 16 August 2005. Importantly, it only applies to those who failed to report to a DIMIA office within 28 days of being sent a breach notice by their education provider.
Student visa holders are obliged to maintain enrolment in a 'registered course’, attend classes and achieve a satisfactory academic result.
Students who did not comply with these attendance or academic requirements were issued with a written notice by their service providers. This notice gave the student 28 days to report to DIMIA and discuss their case. If they failed to do this, their visa was automatically cancelled.
The Department is working to notify all potentially affected people through a range of methods, including an advertising campaign, letters to clients and website information.
All DIMIA offices, both in Australia and overseas, have been advised of the situation and the Department and DEST will liaise with peak bodies, student bodies, and education providers to advise clients of the court case and its possible effects.
Anyone who considers they may be affected and would like more information should go to the DIMIA website at www.immi.gov.au after 12 noon today or phone 131881.
16 September 2005