Visa Cancellation for Non-Genuine Students (SC500): What You Need to Know

In recent years, the Department of Home Affairs (DoHA) has been actively monitoring international students holding an Australian Student Visa (Subclass 500), which comes with specific legal obligations to ensure their primary purpose for being in Australia is to study. If the Department suspects that an individual is using the student visa system to remain in Australia indefinitely or primarily for employment, they may cancel the SC500 visa on the grounds that the holder is a non-genuine student.

What is the Genuine Student (GS) Requirement?

The Genuine Student (GS) requirement is the test the Department uses to assess your intentions. To be considered a genuine student, you must show that:

You truly intend to obtain a qualification in Australia.
The course you are studying is relevant to your background or future career goals.
You have a clear understanding of your course requirements and your provider.

If your behaviour suggests that studying is your second priority, your visa may be at risk.

What are the Common Triggers for a Non-Genuine Finding?

A visa cancellation for non-genuineness does not usually happen out of nowhere. It is often triggered by specific situations, including:

Breaching condition 8202 – meet course requirement. This is the core student visa condition. You must remain enrolled in a registered course, maintain satisfactory attendance, and make academic progress. If you stop going to class or fail multiple units, your institution is legally required to notify the Department.
Frequently changing your course or moving from a high-level degree, such as a master's degree, to a lower-level certificate, such as a diploma, just to stay in Australia longer is often viewed as a sign of a non-genuine student.
Working more than the allowed 48 hours per fortnight suggests that you are prioritising income over your education.
Having long periods where you are not enrolled in any course without a valid medical or compassionate reason.

The Cancellation Process: The NOICC

The Department must follow a legal process before they can cancel your visa. They will send you a Notice of Intention to Consider Cancellation (NOICC).

This letter is a formal warning that explains why the Department believes you are not a genuine student. The NOICC allows for a written response from the visa holder within a specific timeframe. When you receive a NOICC, schedule a consultation with one of AHC’s immigration lawyers for professional guidance and assistance.

Note: If you do not respond to a NOICC with a strong legal submission and evidence built, your visa will likely be cancelled. This can result in you being an unlawful non-citizen and may trigger a re-entry ban.

What to do If Your Student Visa is Cancelled?

If your student (SC500) visa is cancelled, you generally have the right to appeal the decision to the Administrative Review Tribunal (ART). As of May 2026, the ART has implemented new on-the-papers review processes. For Subclass 500 cases, the Tribunal may now make a final decision without inviting you to a hearing.

This means you may not get the chance to speak to a member in person. Your entire case, and your future in Australia, will depend solely on the quality of your written legal submissions and the evidence you provide at the start of your appeal. Hence, it is extremely important to understand that having a strong legal submission and proper evidence is your best chance of success in remaining in Australia. Book a consultation with AHC Lawyers today.

How to Protect Your Student Visa (SC500)?

If your genuineness is questioned, you must provide objective evidence of your intent to study. This may include:

Academic records
Medical reports
Financial proof
Legal submission

The Australian government is becoming stricter with the SC 500 visa. Staying compliant means more than just paying your tuition—it means actively participating in your education.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

If you receive a letter questioning your student status, you must act on it as soon as possible. Reach out to speak with one of our immigration lawyers for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.

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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