Is Your Student Visa At Peril? Australian Student Visa Holders To Read

This article briefly highlights a few important points that any Australian student visa holder must observe and be vigilant of so not to put one’s student visa at risk. The list is not meant to be exhaustive and every case turns on its own fact.

What is condition 8202?

Put simply, condition 8202 requires a student visa holder to adhere to certain course enrolment, attendance, and academic requirements. As an example, condition 8202(2)(a) requires the visa holder to be enrolled in a full-time registered course. 

What happens when the condition is breached?

When condition 8202(2)(a) is breached, the Minister is able to cancel the student’s visa in question in accordance with section 116(1)(b) of the Migration Act 1958 (Cth).

What happens if I receive a Notice of Cancellation from the Department of Home Affairs?  

The first step is to seek our legal advice to see whether an appeal to the Administrative Appeals Tribunal is in order and that the appeal, if found to be in order, is lodged within the prescribed appeal timeframe according to law.

How will the Department know if I am not enrolled in a full-time course? 

All Australian student visa holders are registered in the Provider Registration and International Student Management System or what is known as PRISMS.  

What happens when my appeal to the Administrative Appeals Tribunal fails? 

Again, we recommend that you seek our legal advice to see whether there are any grounds justifying lodging an appeal for a judicial review in the Federal Circuit and Family Court of Australia.

Take-home message

It is very important to fully comply with your student visa conditions. If in doubt as to what is full compliance, seek our advice. If your visa is cancelled for breaching condition 8202, the Court does not per se have the power to decide your application on compassionate grounds, and absent any merit in your appeal, it will be difficult and costly to appeal such cancellation. In a nutshell, DO NOT gamble with your student visa once it is approved. 

For advice or assistance with all immigration matters contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

FAQ

Why are Australian student visa holders at risk?

Australian student visa holders may be at risk due to the COVID-19 pandemic and the travel restrictions imposed by the Australian government. There have been changes in the visa regulations, which have impacted the visa holders’ ability to enter or remain in Australia.

What are the changes in the Australian student visa regulations?

The Australian government has made several changes to the student visa regulations, such as allowing international students to study online from their home countries, reducing the visa application charges, and extending the visa validity for students who are unable to complete their courses on time due to COVID-19.

Can Australian student visa holders enter Australia during the pandemic?

Yes, international students are allowed to enter Australia if they meet the travel exemption criteria set by the Australian government. They need to have a valid student visa and must have been enrolled in a course at an Australian educational institution on or before 20 March 2020.

What happens if a student visa holder is unable to enter Australia due to travel restrictions?

If a student visa holder is unable to enter Australia due to travel restrictions, they can continue their studies online from their home country. The Australian government has allowed international students to study online from their home countries until the end of 2022.

What happens if a student visa holder cannot complete their course on time due to COVID-19?

If a student visa holder is unable to complete their course on time due to COVID-19, they may be eligible for a visa extension. The Australian government has allowed international students to apply for a visa extension if they have been impacted by the pandemic.

Are there any financial support programs for international students in Australia?

Yes, the Australian government and some educational institutions have launched financial support programs for international students who are facing financial hardship due to the pandemic. The support may include cash payments, fee waivers, and assistance with accommodation and living expenses.

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