7.1日后，留学生转学无需通知移民局

澳大利亚留学网首席顾问黄文勇报道，根据澳大利亚移民局最新通告，签证条款8206被废除, 8202条款和Section 137J也被修改。我们总结了最主要的变化：

第一、在签证有效期内，转学的事情是学校之间的事情，和移民局无关。所以只要有学校接受，申请人甚至无需通知移民局。这就大大方便了对现在的学习不满意的留学生，能够及时勇敢进行学校和课程的调整改变。

第二、今后如果学生签证因为成绩不好、出勤率不够等表现将由学校来审核。我们认为这条法律的修改，是和ESOS配合的，也就是说未来学生签证可以被学校取消，学生必须寻求第三方仲裁机构申述，已经没有必要向移民局学生处去报道是否comply了，因为学校和第三方仲裁机构已经做出了决定，移民局只是接受学校的取消签证的汇报, 然后直接取消签证，除非学生的确存在特殊情况，需要上诉到MRT。

澳大利亚留学网资深顾问黄文勇认为，本次留学签证的改革变化非常重大，一方面方便了留学生的转学，赋予了海外学生更多的选择权，另外一方面移民局开始放权，把签证取消的权利放给了学校和一个第三方的仲裁机构，这就意味着留学生要更好的遵守出勤率和满足成绩要求。当然所谓的第三方仲裁机构如何选定，我们还要拭目以待。澳大利亚留学网作为澳洲各名校官方代理，将一如既往的为大家提供各类免费的咨询和学校申请服务，我们承诺一切学校的咨询和申请服务全部100%免费，欢迎大家垂询！

1. Removal of the change of provider student visa condition (8206) and related provisions from the Migration Regulations

Client summary

From 1 July 2007, the Migration Regulations 1994 (‘the Regulations’) will be amended to remove student visa condition 8206 from Schedule 8 of the Regulations and omit related provisions in Schedules 1 and 2 of the Regulations. Condition 8206 limits the ability of student visa holders to change education providers during their course of study. As a result of this change, it will no longer be necessary for students to apply for a new student visa in order to change Education providers.

The removal of condition 8206 and related provisions from the Regulations has been done to reflect changes to the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code 2007). In particular, the obligations set out in condition 8206 have been transferred from the Regulations to become a standard of the National Code 2007. The rationale for this is that the change of education provider is essentially an educational, not an immigration matter.

 Transitional arrangements: The amendments apply in relation to:

an application for a visa made on or after 1 July 2007
an application for a visa made but not finally determined before 1 July 2007
and
for a visa granted before 1 July 2007 to which condition 8206 applied, condition 8206 is taken not to apply on or after 1 July 2007.
Forms: Form 157C (Application for a student visa with permission to change education provider) will beremoved as it is no longer required.

2. Legislation Change – 1 July 2007, Minor amendment to section 137J of the Migration Act 1958

A minor amendment to the note in subsection 137J(1) and to subsection 137J(2) of the Migration Act 1958 (‘the Act’) was contained in the Education Services for Overseas Legislation Amendment Act 2007 (‘ESOS Amendment Act’).

The changes to commence 1 July 2007 , ensure the Act is consistent with changes to the Education Services for Overseas Students Act 2000 (the ESOS Act), in particular section 20 of the ESOS Act.

The change to section 20 of the ESOS Act omits the words ‘explaining the breach’ and instead requires a section 20 notice served on a student to specify that the student attend before an officer for the purposes of ‘making any submission about the breach and circumstances that led to the breach’. The amendments to section 137J of the Migration Act provide for automatic cancellation of the visa if the student does not comply with the requirements of the notice and has been amended to support the above changes to the ESOS Act.

Under the note in subsection 137J(1) of the Act, ‘explaining the breach’ has been omitted and substituted with ‘making any submissions about the breach and the circumstances that led to the breach’. Under subsection 137(2) of the Act, ‘explaining the breach alleged in the notice’ has been substituted with ‘making any submissions about the breach and the circumstances that led to the breach.’

3. Legislation Change – 1 July 2007 Amendments to student visa condition 8202

Client summary

From 1 July 2007, the Migration Regulations 1994 (‘the Regulations’) are amended to substitute a new subclause 8202(3). Condition 8202 is a condition which applies to student visas and relates to attendance and course progress requirements.

Condition 8202 has been amended to provide that:

• The education provider, rather than the Minister will be required to assess whether a student is meeting their attendance requirements
  and
• A student meets the requirements of the condition if the education provider has not certified that the student has not achieved satisfactory course progress or attendance.

This amendment to student visa condition 8202 reflects changes to the Education Services for Overseas Students Act 2000 (the ESOS Act) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code 2007). In particular, education providers will assess a students course progress and attendance in accordance with standards in the National Code 2007.

If an education provider certifies that a student has not achieved satisfactory course progress or attendance and reports the student to the Department, the Minister will be required to initiate cancellation action of the visa, unless exceptional circumstances can be demonstrated as to why the visa should not be cancelled. These exceptional circumstances will be outlined in a section 499 direction.

Technical details

The following provisions of the Regulations are amended:

Schedule 8, subclause 8202(3)

Additional information: Nil

Transitional arrangements:

The amendments apply in relation to applications for a visa:

• made on or after 1 July 2007
• made but not finally determined before 1 July 2007
  and
• for a visa granted before 1 July 2007 but only in respect of a breach of visa condition that occurred on or after 1 July 2007.

Forms: Nil

Instructions: PAM3 The relevant policy documents have been updated to reflect these amendments.

Effect on delegations: Nil

Effect on systems: Nil