Migration Legislation Amendment (Overseas Students) Act 2000
No. 168, 2000
Migration Legislation Amendment (Overseas Students) Act 2000
No. 168, 2000
An Act to amend the law relating to migration, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Automatic student visa cancellation
Migration Act 1958
Schedule 2—Monitoring compliance with student visa conditions
Migration Act 1958
Schedule 3—Applying for additional visas
Migration Act 1958
Schedule 4—Satisfactory attendance and performance by students
Migration Act 1958
Migration Legislation Amendment (Overseas Students) Act 2000
No. 168, 2000
An Act to amend the law relating to migration, and for related purposes
[Assented to 21 December 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Overseas Students) Act 2000.
2 Commencement
(1) This section, section 1 and Schedule 4 commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Automatic student visa cancellation
Migration Act 1958
1 Subparagraph 48(1)(b)(ii)
Omit “or 134 (business visas)”, substitute “, 134 (business visas) or 137J (student visas)”.
2 After Subdivision GA of Division 3 of Part 2
Insert:
Subdivision GB—Automatic cancellation of student visas
137J Non‑complying students may have their visas automatically cancelled
(1) This section applies if a notice is sent to a non‑citizen under section 20 of the Education Services for Overseas Students Act 2000 in relation to a visa held by the non‑citizen (even if the non‑citizen never receives the notice).
Note: Under that section, a registered education provider must send a notice to a non‑citizen who breaches a condition of the non‑citizen’s visa relating to attendance or satisfactory academic performance. The notice must give particulars of the breach and must require the non‑citizen to attend before an officer for the purpose of explaining the breach.
(2) The non‑citizen’s visa is cancelled by force of this section at the end of the 28th day after the day that the notice specifies as the date of the notice unless, before the end of that 28th day:
(a) the non‑citizen complies with the notice; or
(b) the non‑citizen, while attending in person at an office of Immigration (within the meaning of the regulations) that…
Overview
The Migration Legislation Amendment (Overseas Students) Act 2000 was enacted to address issues related to the migration of overseas students, specifically targeting non-compliance with student visa conditions and enhancing monitoring and enforcement mechanisms. This Act, enacted by the Parliament of Australia, sought to amend the existing migration laws to strengthen the system for managing overseas students. One of the primary policy objectives was to ensure that overseas students comply with the conditions of their visas, particularly in terms of academic performance and attendance, and to provide mechanisms for automatic cancellation of visas for non-compliance, as well as avenues for review and appeal of such decisions. The Act also aimed to improve the monitoring and enforcement processes to ensure the integrity of the student visa system.
Scope and Application
The Migration Legislation Amendment (Overseas Students) Act 2000 amends the Migration Act 1958, introducing provisions specifically aimed at overseas students. The Act applies to non-citizens holding student visas, as well as to education providers in Australia. It imposes automatic visa cancellation for non-complying students, provides for the monitoring of compliance with student visa conditions, and sets out provisions for applying for additional visas and ensuring satisfactory attendance and performance by students. The Act has a national jurisdictional reach, as it amends federal legislation. The amendments made by this Act apply to all student visas, whether granted before or after the commencement of the relevant provisions. The Act extends the application of certain provisions through subordinate instruments, such as regulations and monitoring warrants, which provide for detailed rules and procedures regarding compliance monitoring and enforcement actions.
Key Provisions
- The Migration Legislation Amendment (Overseas Students) Act 2000 amends the Migration Act 1958 in relation to overseas students. The main operative sections are found in Schedules 1 to 4. Schedule 1 introduces provisions for the automatic cancellation of student visas, including when a non-citizen student fails to comply with certain conditions (section 137J). It also outlines the process for applying for the revocation of such cancellations (section 137K) and the circumstances under which the Minister may revoke a cancellation on their own initiative (section 137N). Schedule 2 provides for the monitoring of compliance with student visa conditions, including the power to issue production and attendance notices (sections 268BA and 268BD), search premises, and issue monitoring warrants (sections 268CE and 268CZD). Schedule 3 amends the rules for applying for additional visas, particularly for those who have held certain temporary visas (section 46(1A)). Schedule 4 addresses the satisfactory attendance and performance of students, including new grounds for visa cancellation (section 116(1)(fa)) and a special condition on certain student visas (item 4).
- The Act imposes obligations on non-citizen students to comply with the conditions of their student visas, including attendance and academic performance requirements. Education providers must send notices to non-citizens who breach these conditions (section 20 of the Education Services for Overseas Students Act 2000). Non-citizens who receive such notices must comply with them or face the automatic cancellation of their visas (section 137J). The Secretary has the power to issue production and attendance notices to individuals who may have information or documents relevant to monitoring compliance with visa conditions (sections 268BA and 268BD). Failure to comply with these notices is an offence, with penalties including imprisonment for up to 6 months (section 268BH) and up to 12 months for giving false or misleading information or documents (sections 268BI and 268BJ).
- Breaches of the Act’s provisions can lead to criminal and civil consequences. For example, refusing or failing to comply with a production or attendance notice is an offence with a maximum penalty of imprisonment for 6 months (section 268BH). Similarly, giving false or misleading information or documents in response to these notices carries a maximum penalty of imprisonment for 12 months (sections 268BI and 268BJ). Non-compliance with certain requirements can also result in the automatic cancellation of a student visa (section 137J). Additionally, failure to provide reasonable facilities and assistance to an authorised officer executing a monitoring warrant is an offence with a maximum penalty of 10 penalty units (section 268CV).
- Area of Law
- Immigration & Refugee Law
- Education Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Regulatory Standards
- Offence Provisions
- Enforcement Powers