Safety of International Students Research Project

The Australian Institute of Criminology is undertaking a research project on the safety of international students in Australia. The project will compare the rate of crime against international students with the rate of crime against the broader Australian population.

To enable this research the department intends to release data to all Australian police jurisdictions and to the Australian Institute of Criminology in a data-matching exercise to identify international students who have been victims of crime.
See: Safety of International Students Research Project

Student visa program update – integrity measures 2009/2010

From August 2009 there have been continuous changes to improve the integrity of the Student visa program. These changes are designed to strengthen the integrity of the Student visa program as well as to help streamline visa application procedures for some clients. The changes are summarised in the following factsheet:
See: Student Integrity Measures Factsheet ( 89KB PDF file)
See also: Overseas Student Program - Assessment Levels (formerly known as Form 1219i) (133KB PDF file)

Outcome of Hossain and Mo court cases – cessation of automatic visa cancellation

On 2 March 2010 the Federal Court in the cases of Hossain v Minister for Immigration and Citizenship and Mo v Minister for Immigration and Citzenship declared invalid the automatic cancellation of the visas of two international students in Australia.

The Court declared that the notices issued by the education providers under section 20 of the Education Services for Overseas Students (ESOS) Act 2000 to be invalid because they did not specify the prescribed visa condition that the students had breached.

As a result of the court decisions, the Department of Immigration and Citizenship (the department) is reversing the automatic cancellation of Student visas that flowed from a section 20 notice dated 1 July 2007 to 16 December 2009. Any students affected by automatic cancellation should, if they have not already done so, make contact with the department to clarify their immigration status.
See: Outcome of Hossain and Mo Decisions

Students affected by the Meridian College closure and seeking a course fee refund

On 9 March 2010 the Australian Council for Private Education and Training (ACPET) sent an email to Student visa holders affected by the Meridian College closure advising that they been unable to provide students with a placement to enable their continuation of studies.

ACPET now wants to advise that details of all students requiring assistance that were not able to be offered a place by 12 March 2010 have been sent to the Department of Education, Employment and Workplace Relations (DEEWR).
See: Information for Students Affected by the Meridian College Closure and Seeking a Course Fee Refund

Changes to student visa living costs and evidence of funds - from 1 January 2010

International students are required to demonstrate that they have genuine access to sufficient funds to be granted a Student visa. From 1 January 2010, the financial requirements for a student visa have changed. These changes will affect all applications lodged on or after 1 January 2010.
See: Student Visa Living Costs and Evidence of Funds ( 79KB PDF file)

Visa application charge exemptions for students affected by an education provider closure

From 1 January 2010, international students who are affected by the closure of an education provider on or after 1 January 2010 may be exempt from paying the visa application charge for a further Student visa application. This change applies to those students who need to apply for a further Student visa to complete their studies at a new institution.

International students who were affected by the closure of their education provider in 2009 and who need to apply for a new Student visa to continue their studies, may be eligible to request a refund of the visa application charge for that application.
See:
Visa Application Charge Exemptions for Students Affected by Education Provider Default ( 75KB PDF file)
Education Provider's Approval to Deliver Courses is Removed

Changes to lodgement and processing arrangements for Occupational Trainee visas

As of 9 November 2009, all Occupational Trainee visa processing will be consolidated in the Adelaide Occupational Trainee Processing Centre (AOTPC) in Australia.

All Occupational Trainee visas, nominations and sponsorships must be lodged directly with the AOTPC from this date.
See: Changes to lodgement and processing arrangements for Occupational Trainee visas ( 67KB PDF file)

Outcome of Kamal court case – Student visa English language criteria

Before 21 August 2009, interpretation of Schedule 5A of the English proficiency provisions with the Migration Regulations 1994 required that English language test results be submitted with Student visa applications and that the test must have been sat no more than two years before the application was made.

In a unanimous decision of the Full Federal Court of Australia dated 21 August 2009 the court concluded the Migration Regulations do not prevent a visa applicant from relying on the results of an IELTS test taken after the date of the Student visa application.
See: Outcome of Kamal Court Case – Student Visa English Language Criteria

Student visa checks strengthened

On 20 August 2009, the Minister for Immigration and Citizenship announced the strengthening of checks on student visa applications to prevent fraud and ensure students have the financial capacity to live and study in Australia.
See: Student Visa Checks Strengthened

Temporary residence visa reforms

From 14 September 2009, a new sponsorship framework has been introduced for a number of temporary residence visas with work rights. The changes aim to strengthen the integrity of the temporary residence visa program, while protecting the employment and training opportunities of local labour.
See:
Frequently Asked Questions – Migration Legislation Amendment (Worker Protection) Act 2008 (the Worker Protection Act)
Sponsorship Obligations and Sanctions ( 42KB PDF file)
Temporary Residence Visa Reforms ( 35KB PDF file)

Changes to lodgement location for citizens of Afghanistan and Pakistan

From 1 August 2009 all student visa applications for citizens of Pakistan (living in Pakistan or New Zealand) and citizens of Afghanistan (living in Afghanistan, Pakistan or New Zealand) will be processed by the Adelaide Offshore Student Processing Centre (AOSPC).

Student visa applications lodged from 1 August 2009 will have to be lodged direct to the AOSPC. Student visa applications given to the Australian High Commission in Islamabad on or after 1 August 2009 will not be accepted and will be returned for lodgement direct to the AOSPC.
See:
Adelaide Offshore Student Processing Centre
Changes to processing for student visa applications for citizens of Pakistan and Afghanistan ( 73KB PDF file)

Expansion of the number of Confirmation of Enrolments

The department is making changes to its systems that will expand the number of Confirmation of Enrolments (CoEs) that are able to be attached to a student visa application.
See: Expansion of the Number of Confirmation of Enrolments

Changes to the student visa Assessment Levels

On 1 September 2008 new student visa Assessment Levels came into effect. The changes affect students from 52 countries across various education sectors.

All applications lodged on or after 1 September 2008 are subject to the new Assessment Levels.

Applicants who have lodged valid applications before 1 September 2008 are not affected by the Assessment Level changes. These applications will be assessed at the Assessment Level which was in effect at time they lodged their application.

More information on the student visa Assessment Levels, including the Assessment Levels that are in effect from 1 September 2008, is available.
See: Student Visa Assessment Levels


Information are from http://www.immi.gov.au/students/whats_new.htm Government website