Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 137J

Non-complying students may have their visas automatically cancelled

             (1)  This section applies if a notice is sent to a non-citizen under section 20 of the Education Services for Overseas Students Act 2000 in relation to a visa held by the non-citizen (even if the non-citizen never receives the notice).

Note 1:       Under that section, a registered education provider must send a notice to a non-citizen who breaches a condition of the non-citizen's visa that is prescribed by regulations made for the purposes of that Act. The notice must give particulars of the breach and must require the non-citizen to attend before an officer for the purpose of making any submissions about the breach and the circumstances that led to the breach.

Note 2:       Under subsection 20(4A) of that Act, a registered provider must not send a notice on or after the day that subsection commences.

             (2)  The non-citizen's visa is cancelled by force of this section at the end of the 28th day after the day that the notice specifies as the date of the notice unless, before the end of that 28th day:

                     (a)  the non-citizen complies with the notice; or

                     (b)  the non-citizen, while attending in person at an office of Immigration (within the meaning of the regulations) that is either:

                              (i)  in Australia; or

                             (ii)  approved for the purposes of this paragraph by the Minister by notice in the Gazette ;

                            makes himself or herself available to an officer for the stated purpose of making any submissions about the breach and the circumstances that led to the breach.



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