Student (SC500) Visa Cancelled for Unsatisfactory Attendance – What Happens Next?
Maintaining a valid visa is of the utmost importance for any visa holder. This responsibility applies to international students holding a Student (Subclass 500) Visa, with one key condition being meeting the course requirements, which may include maintaining satisfactory course attendance. If your student visa has been cancelled due to unsatisfactory attendance, it can be a confusing and disheartening situation.
Understand Student Visa (Subclass 500) Conditions
As an international student, you are required to:
Be enrolled in a registered course, such as a CRICOS-registered course.
Meet the program course requirements.
Inform your education provider of any changes to your details.
Your education provider is obligated to report unsatisfactory performance to the Department of Home Affairs (DoHA).
What Happens When Your Student (Subclass 500) Visa is Cancelled?
There may be a few scenarios in which your student's (SC500) visa cancellation may occur; the common ones are:
You may receive a Notice of Intention to Consider Cancellation (NOICC) from DOHA and be given a limited timeframe to respond to address the concerns.
Your visa is immediately cancelled.
The moment your visa is cancelled, you will become an unlawful non-citizen. This also means you no longer have a legal right to remain in Australia.
As an unlawful non-citizen, you are subject to detention and potential removal from Australia.
Due to the cancellation, you may be subject to Public Interest Criteria (PIC) 4013 and/or 4014, visa bans, which impose a 3-year exclusion period from being granted for most Australian visas.
A visa cancellation leaves a permanent mark on your immigration record, making it harder to obtain any future Australian visas.
Your Options After Visa Cancellations
If you believe that the decision to cancel your visa was wrong or unfair, you may be eligible to appeal to the Administrative Review Tribunal (ART) within a strict timeframe. Engage with an immigration lawyer to demonstrate and strengthen the grounds for appeal.
You may be subject to the Section 48 Bar, and your options for applying for most new visas onshore are restricted.
As a last resort, if all avenues are exhausted, you might be able to request Ministerial Intervention if you meet the eligibility criteria.
If you find yourself in this situation, what you should do immediately is contact an experienced immigration lawyer for professional advice and guidance. Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What Happens to Your Student Visa (SC500) If You Enrol in a Non-CRICOS Course?
I Missed the 28 Day Window to Appeal My Visa – What are My Options?
How Can Agape Henry Crux Help You?
For any Student Visa (Subclass 500) or visa cancellation queries, book a Migration Planning Session with one of our immigration lawyers or Accredited Specialists in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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