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
Article Source: Australian student Visa