Australia’s reputation as a leading destination for international students has grown exponentially, but alongside this growth, student visa cancellations have also surged. Visa cancellations are often the result of breaches of visa conditions, and in recent years, the Australian government has taken a stricter approach to maintaining the integrity of the program. This post will cover the reasons behind student visa cancellations, offer data, and explain what students can do if they believe their visa was cancelled or rejected unfairly.
How Many Student Visas Have Been Cancelled
The latest data indicates that 15,500 student visas were cancelled in 2023, marking a sharp rise compared to 2022’s 13,200 cancellations. As of the first half of 2024, 8,000 student visas have already been cancelled, suggesting that the upward trend may continue through the year. This ongoing increase highlights the growing enforcement of visa conditions and the importance of compliance for international students. You can read the latest report here.
Key Reasons for Student Visa Cancellations
There are several common reasons why student visas are cancelled, with the top five being:
- Failure to Meet Academic Progress Requirements
Many international students fail to meet the academic progress and attendance requirements set by their educational institutions. This remains the top reason for cancellations, with 42% of the cancellations in 2023 attributed to this issue. - Breach of Work Conditions
International students in Australia are allowed to work 48 hours per fortnight during their study period. However, breaching this work limit is another leading cause of visa cancellations. According to the Department of Home Affairs, 24% of student visas were cancelled in 2023 due to violations of work restrictions, as students tried to juggle employment with their studies. - Non-Genuine Temporary Entrant (GTE) Status
The Genuine Temporary Entrant (GTE) criterion ensures that international students have genuine intentions to study in Australia. If the Department believes a student applied for a visa under false pretenses or is no longer a genuine student, their visa may be cancelled. In 2023, 15% of student visa cancellations were attributed to GTE breaches. - Change of Study Pathway Without Notification
Students who change their course, provider, or education level without informing the Department of Home Affairs risk visa cancellation. Approximately 9% of cancellations in 2023 were caused by failure to notify the Department about these changes. - Failure to Maintain Health Insurance
International students must maintain Overseas Student Health Cover (OSHC) throughout their stay. Failing to renew or maintain this insurance resulted in 7% of cancellations in 2023.
Has Your Visa Been Cancelled or Rejected Unfairly? You Can Appeal to the ART
If you believe your student visa has been cancelled or rejected unfairly, you have the right to appeal the decision with the Administrative Review Tribunal (ART). The ART reviews cases where visa holders feel they have been wrongfully cancelled or denied a visa. With an in-depth review process, the ART allows you to present your case and challenge the decision made by the Department of Home Affairs.
Common Reasons for Appeals to the ART:
- Disputing a breach of academic progress.
- Challenging GTE decisions based on misunderstood intentions.
- Contesting alleged work-hour breaches when extenuating circumstances exist.
- Arguing that insufficient notice was given for visa cancellation.
The transition from the Administrative Appeals Tribunal (AAT) to the ART, that was finalised on 14th October 2024, will also bring improvements in the appeals process, offering more transparency and faster resolution times. You can read more about that here.
What You Can Do
To avoid visa cancellations or rejections, it’s crucial to:
- Stay on top of your studies and attendance.
- Abide by the work-hour restrictions set for your visa.
- Notify the Department of Home Affairs of any changes in your course or education provider.
- Maintain valid health insurance.
- Ensure you meet the Genuine Temporary Entrant (GTE) criteria.
If your visa has been cancelled or you’ve received a decision you believe to be unfair, Aurelia Legal can help you appeal the decision with the ART. We specialize in immigration law and can assist in preparing and lodging your appeal, ensuring that your case is presented effectively.
Contact us for assistance with your visa or a decision with the ART. Let Aurelia Legal help you protect your future in Australia. Contact us at +61 3 9125 8820 or info@aurelialegal.com.au