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MIGRATION LEGISLATION AMENDMENT (OVERSEAS STUDENTS) ACT 2000 NO. 168, 2000 - SCHEDULE 4

- Satisfactory attendance and performance by students

Migration Act 1958

1 After paragraph 116(1)(f)

Insert:

(fa)
in the case of a student visa:

(i)
its holder is not, or is likely not to be, a genuine student; or
(ii)
its holder has engaged, is engaging, or is likely to engage, while in Australia, in conduct (including omissions) not contemplated by the visa; or

2 After subsection 116(1)

Insert:

(1A)
The regulations may prescribe matters to which the Minister may have regard in determining whether he or she is satisfied as mentioned in paragraph (1)(fa). Such regulations do not limit the matters to which the Minister may have regard for that purpose.

(1B)
In paragraph (1)(fa):

student visa means a visa described in the regulations as a Student (Temporary) (Class TU) visa.

3 Application of amendments

The amendments made by items 1 and 2 apply in relation to all student visas, whether granted before or after the commencement of this item.

4 Special condition on certain student visas

(1) This item applies to the following visas (and only those visas):

(a)
all student visas that are in effect when this item commences;

(b)
all student visas that are granted after this item commences but before 1 July 2001.

(2) Condition 8202 of each visa to which this item applies is taken for all purposes to be as set out in subitem (3), instead of as set out in regulations made for the purposes of section 41 of the Migration Act 1958 .
(3) The condition is that:

(a)
in the case of the holder of a Subclass 560 visa who is an AusAID or secondary school exchange student—the holder is enrolled in a full-time course of study; and

(b)
in any other case—the holder is enrolled in a registered course; and

(c)
in the case of a holder whose education provider keeps attendance records—the Minister is satisfied that the holder attends for at least 80% of the contact hours scheduled:

(i)
for a course that runs for less than a semester—for the course; or
(ii)
for a course that runs for at least a semester—for each term and semester of the course; and
(d)
in any case—the holder achieves an academic result that is certified by the education provider to be at least satisfactory:

(i)
for a course that runs for less than a semester—for the course; or
(ii)
for a course that runs for at least a semester—for each term or semester (whichever is shorter) of the course.

(4) In this item:

student visa means a visa described in the Migration Regulations 1994 as a Student (Temporary) (Class TU) visa.

(5) Other expressions used in subitem (3) that are defined in the Migration Regulations 1994 have the same meaning as in those regulations, as in force from time to time.
(6) After this item commences, the Minister may cancel a visa under section 116 of the Migration Act 1958 , on the ground that the Minister is satisfied that the condition set out in subitem (3) of this item has not been complied with, even if some or all of the non-compliance happened before this item commenced.



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