Automatic cancellation of student visas
The Department of Immigration and Citizenship (DIAC) has reversed the automatic cancellation of student visas under s.137J of the Migration Act 1958 that occurred between 17 August 2005 and 3 February 2007 inclusive. These cancellations occurred because the students were reported by their education providers for breaching Visa Condition 8202 (failing to achieve attendance or academic requirements regarding their studies). The cancellations have been reversed because the department has determined that the approved pro-forma notice that was sent to students, which resulted in the automatic cancellation of their student visas, was invalid. The effect of this is that the department considers that these student visas were not cancelled by operation of law.
The department has written to all students affected by the reversal of the automatic cancellation of their visas at their last known address available to the department. In the letter, students have been urgently requested to contact the department as soon as possible to enable the alleged breach of the student visa condition and any related issues to be determined.
Advice for students who think they might be affected
Any students affected by automatic cancellation under s.137J of the Migration Act 1958 that occurred between 17 August 2005 and 3 February 2007 inclusive should make contact with the department.
See: Contact Us
Each client whose visa cancellation was reversed has a Client of Interest note in the department's computer systems to allow staff to identify them.
Advice for education providers
The department will not be requiring all students affected by the decision to be re-notified by education providers under section 20 of the Education Services for Overseas Students Act 2000 (ESOS Act). Providers have met their responsibilities under the ESOS Act through their initial reporting of students.
A new section 20 form was uploaded into PRISMS on 25 January 2007. Any notice issued from that date is not affected by this decision.