Student Visa Program &

The Knight Review

April 2013

• In December 2010, the Hon Michael Knight AO was appointed to conduct the first strategic review of the student visa program

• Intention of review was to examine how the student visa program could best support Australia’s international education sector whilst also preserving the integrity of Australia’s migration system

• Review resulted in 41 recommendations to enhance the quality, integrity & competitiveness of Australia’s international education sector & student visa program

• Australian Government, in-principle, supported all recommendations

The Knight Review

The Knight Review cont…

• To date: – 28 recommendations have been implemented – 13 are ongoing as they involve liaison with other

agencies • Of major interest are:

– The Genuine Temporary Entrant (GTE) Criterion – Streamlined Student Visa Processing – Post Study Work Visa – Cessation of Automatic & Mandatory Visa

Cancellation

GTE requirement

• Came into effect 5 November 2011 • Explicitly addresses whether the individual

circumstances of an applicant indicate that their intention is for a temporary stay in Australia.

• An integrity measure that underpins other Knight Review changes aimed at increasing the competitiveness of Australia’s international education sector, such as streamlined visa processing

• Will not make it more difficult for genuine students to obtain a visa BUTwill provide a useful way to identify applicants who are using the student visa program for motives other than gaining a quality education

• Holistic Approach

Streamlined visa processing

• From 24 March 2012, streamlined visa processing exists for international students enrolled in Bachelor, Masters or Doctoral courses at participating universities

• 41 of Australia’s 42 universities are participating • Prioritised Processing that recognises that universities

are lower-risk, higher-quality education providers • Qualifying students, regardless of their country of origin,

are now treated as though they are lower risk • Can package courses with eligible business partners • Does not guarantee visas will be granted but lessens the

evidentiary requirements

Post Study Work Visa • Provides eligible graduates the opportunity to gain

practical work experience in Australia following their studies.

• Allows graduates who have completed a Bachelors degree, Masters degree or a Doctoral degree access to a work visa for 2, 3 or 4 years

• Allows Australian education providers to be more competitive in the international sector as it is not linked to skilled migration

• Allows students to focus on a quality education rather than seeking courses that will provide them with a migration outcome

Post Study Work Visa cont…

• Must hold or have held eligible student visa • Be in Australia and aged under 50 • Meet the Australian Study requirement • Meet English, Character, Health & Security requirements • Health insurance for duration of stay • No skills or occupation requirements • Graduate with an eligible degree level qualification from a

registered Australian educational institution • Have applied for and been granted first student visa on

or after 5 Nov 2011

Automatic/Mandatory Cancellation Framework

• Automatic cancellation occurred when a student visa holder was reported by their education provider for not maintaining satisfactory course progress or class attendance.

• Mandatory cancellation occurred when a student was reported by an education provider for unsatisfactory attendance and course progress.

• Unless exceptional circumstances applied, DIAC must have cancelled the visa. – Also occurred when a student breached their visa conditions

relating to work rights for either working in excess of 40 hours per fortnight or before their study commences.

Discretionary Cancellation Framework

• On 13 April 2013, the automatic/mandatory framework was abolished and a new discretionary framework was introduced.

• Discretionary cancellation involves a DIAC decision maker examining a case and taking the individual circumstances of the breach into account when making a decision on whether or not to cancel a visa.

• The move from automatic and mandatory cancellation to discretionary cancellation will lead to fairer outcomes for student

Old v New Regime

Old Regime New Regime

Education Providers were required under the ESOS Act and National Code to enter details of an alleged breach of academic progress or attendance requirements in PRISMS.

Education Providers are required under the ESOS Act and National Code to enter details of an alleged breach of academic progress or attendance requirements in PRISMS.

When an alleged breach of academic progress or attendance requirement was entered into PRISMS a s20 notice was generated. The Education Provider sent this notice to the student.

When an alleged breach of academic progress or attendance requirement is entered into PRISMS a s20 notice will not be generated.

DIAC had a limited ability to consider circumstances of breaches, including whether to cancel a visa.

DIAC will be able to support fairer outcomes for students with the ability to differentiate between genuine and non-genuine students.

Questions