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Friday the 13th of September 2013
Volume 261

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Dear subscribers, 


Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. For new readers you can subscribe using the link on the right hand side or by visiting our website. Please feel free to forward this e-mail to any of your friends.


In this edition we cover a part of the obligations defined in the condition 8202 of student visas. Next week we will cover Part 2, Attendance Requirements.

Also covered are the new Victoria SMP changes which take affect from the 24th September.





Any student visa contains various conditions as a part of the grant of the visa. It is obligatory for student visa holders and their dependents to comply with the conditions defined on their visa. Any breach of these rules can lead to a visa cancellation procedure, the worst nightmare of any international student.


Schedule 8 in the Migration Regulations define the laws covering the conditions imposed with the grant of a visa. 



Student Visa Condition 8202


In general terms condition 8202 requires students to:


  • Be enrolled in a registered course
  • Achieve satisfactory course progress and
  • Achieve satisfactory course attendance


These requirements are encapsulated in various clauses, which cover most circumstances a student might face.


A visa holder will not meet satisfactory course progress requirement if the following occurs:


The education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:


i) Section 19 of the Education Services for Overseas Students Act 2000




ii) Standard 10 of the National Code for Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007.


The following information comes from the DIAC Procedural Advice Manual (PAM) on one of these conditions imposed, 8202.


                              Compliance with 8202 (Part 1)


If the course finishes at the end of the year


Students who are:

  • Completing a course that finishes at the end of the standard academic year and that is a full academic year in duration (that is, a course that starts in February/ March and ends in November/ December) and
  • Enrolled in a course commencing at the beginning of the following standard academic year


are considered to be complying with the clause 8202(2) of this condition.


The National Code permits the accrediting authority to determine the length of an academic year. If no period is set by the accrediting authority, it is 36 weeks.)


Students completing a course that:

  • finishes at the end of the standard academic year and
  • was less than an academic year in duration


may be considered to be complying with clause 8202(2) of this visa condition if:

  • the course was part of a package of courses in relation to which a visa has been previously granted and
    they are enrolled in a course commencing at the beginning of the following standard academic year.


If the course finishes during the academic year


Students completing a course that finishes during the standard academic year may be considered to be complying with clause 8202(2) of this condition provided no more than two months elapse before they begin another course.


Accelerated course completion


Students completing their course ahead of schedule may be considered to be complying with clause 8202(2) of this condition provided no more than two months elapse before they begin another course.


Students who have accelerated course completion up to one month ahead of the course's scheduled completion date at the end of the academic year should be considered as complying with clause 8202(2) of this condition.


Satisfying course requirements


If a student does not maintain studies during the academic year their visa may be subject to cancellation.


If the student falls ill

Leave from their course


Students who fall ill during semesters should apply to their education provider for permission to take leave from their course. If the student's leave is not approved and the are absent for more than 20%of the scheduled hours for their course they may be subject to visa cancellation procedure.


Students deferring or suspending their course


Registered providers may only enable students to defer or temporarily suspend their studies, including granting leave of absence, during the course through a formal agreement in certain limited circumstances.


Students who fall ill and are expected to require leave from their studies for a significant period should apply to their education provider to defer their studies.


If during a deferral period the student continues to be enrolled, they remain compliant with condition 8202.


Student visa holders may be subject to visa cancellation if they education provider has deferred/ suspended the student's study for any of the following reasons:

  • the conduct of the student
  • the student deferred or suspended their studies for reasons other than compassionate or compelling circumstances.
  • the compassionate or compelling circumstances which warranted the deferral/ suspension of studies have ceased to exist;
  • the deferral/suspension was based on fraudulent evidence or document/s given to the education provider.



If the student needs to leave Australia for compassionate reasons


Students who need to leave Australia for compassionate reasons during semesters should apply to their education provider for leave from their course.

If the deferral/suspension is approved, the education provider reports this approval via PRISMS to the department. If during this period of deferral the student continues to remain enrolled, they remain compliant with condition 8202.

Family members of students deferring or suspending studies for up to six months are permitted to stay in Australia during this period (once the deferral/suspension has been approved).


Offshore research/study


Approved research/fieldwork outside Australia as part of a course is permissible, provided the primary applicant remains enrolled for the duration of the fieldwork/research.

Family unit members of the primary applicant can remain in Australia while the primary applicant is conducting research/fieldwork outside Australia.


Students on exchange programs in a third country


Student visa holders in Australia are allowed to participate in an international exchange program provided:

*      the study or training to be undertaken is an assessable part of the student's full-time course in Australia and has been approved as part of the registration process for the course and

*      the exchange is for no more than 12 months and

*      family members who are in Australia accompany the student if the exchange is for more than 6 months


Next week we will cover the PAM's on Attendance Requirements






Update to the Victoria State Nomination Occupation Lists
Updates to Victoria's State Nomination Occupation List and State Nomination Occupation List for Graduates were published on on 10 September 2013.

New occupations

  • Child Care Centre Manager
  • Primary School Teacher (with specialisation in languages)
  • Physicist (Medical Physicist Only)
  • Nuclear Medicine Technologist
  • Metal Machinist (First Class)
  • Health Information Manager

Removed occupations

  • Plumber (General)
  • Carpenter
  • Joiner
  • Carpenter and Joiner
  • Surveyor
  • Accountant (General)
  • External Auditor

Applications in the removed occupations will continue to be accepted until 24 September 2013.


There have also been updates in some occupations to work experience, English language and specialisations requirements.


View the full State Nomination Occupation Lists.



DIAC found to be too greedy on fee increases  


DIAC announced the increase in fees which began on the 1st September 2013. According to the updated charges the second instalment for Parent visa subclass 143 was to be raised to $48,550 from $42,220. 


However the DIAC pricing table  still shows the charge as $42,220.


DIAC is now explaining that they intended to raise the fee to the higher figure but this was found to be in excess of what was allowed by the Migration(Visa Application) Charge Act, 1997 so the lower figure remains in force.


Thank whichever God you prefer for this Act.



Archives, some light reading

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Kind regards,


Karl Konrad  Managing Director


Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

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 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.







Karl Konrad

           Managing Director

                Karl Konrad




Jee Eun Han

           Executive Manager

               Jee Eun Han




Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 1, 36 Carrington Street Sydney NSW 2000

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IMMIGRATION NEWS is intended to provide general information on migration issues and does not constitute legal advice and no responsibility is accepted by Australian Immigration Law Services (AILS) for the accuracy of material appearing in IMMIGRATION NEWS.


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 and you should be aware that the law can change tomorrow without notice so you have the responsibility to keep up to date.  
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