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FAQ's5. Unsatisfactory progress1. What rules and regulations affect international students' ability to continue studying in Australia? International students are subject to both internal (university academic progress requirements) and external (Australian Government legislation) requirements. The key Government legislation is the ESOS Act 2000, the Migration Act 1958 and Migration Regulations 1994. 2. What are the visa implications if a student is excluded? The student visa is likely to be cancelled. Once a notice of report has been sent to a student, the student has 28 days to appear before DIMIA and explain their circumstances. Where documentation is available this should be provided. Documentation includes academic transcripts and medical (or other) certificates outlining exceptional circumstances that may have contributed to poor academic performance. A student who fails to appear within 28 days will have their visa automatically cancelled. A student who has a visa cancelled may have a three-year exclusion period imposed. This means that a visa to study in Australia cannot be granted for 3 years. 3. When does MI report for Unsatisfactory Progress? MI reports as soon as information becomes available on Callista and the exclusion is confirmed. Exclusion is confirmed once appeal rights are no longer available either because the time period for appeal has expired or an appeal has not been successful. Students (per s.4 of the Monash University Exclusion for Unsatisfactory Progress Regulations) must lodge an appeal against the exclusion decision 'within 14 days after the date of the notice of the exclusion decision appealed.' Exclusion information is and should be keyed directly into Callista by Faculty or uploaded immediately after the time period for appeal has lapsed. 4. What migration appeal rights do students have if their visa is cancelled? Students whose visas are automatically cancelled can apply for revocation of the cancellation. If a student visa is cancelled onshore after a student has appeared at an immigration office within 28 days, a student can appeal to the Migration Review Tribunal. 5. What are the visa implications if a student is suspended for disciplinary reasons? DIMIA is advised directly via email with the student details when a student has been suspended for studies due to faculty discipline reasons. The report is made once a student has excluded appeal avenues. DIMIA will contact the student to arrange an appointment to discuss the situation further. If the suspension is for one semester, DIMIA normally does not cancel the visa, and the student is required to return home for that period. 6. If a student has been asked to Show Cause due to unsatisfactory progress but discontinues their course before a hearing is held, how does MI report and what are the visa implications? The student will be reported as discontinued with the appropriate discontinuation code. That is, the reporting follows the formal student status as recorded on Callista. In the comments section of the report, a note is added that the student had been asked to Show Cause before discontinuation. Often DIMIA will contact the MI Reporting Officer to check academic results. The visa outcome will depend on the immigration response to information provided by the student and Monash if requested. 7. What is the current status of the ESOS requirement re students repeating failed units? The rule is that when an international student is repeating a unit in order to complete a course of study, the student may only do so once, if studying part-time. 8. If a student does not 'Show Cause', how and when is the student reported? A student, who does not Show Cause and therefore is automatically excluded, while s/he would not have any appeal rights, is reported if an application for a hearing is not lodged with their Dean within 14 days of the exclusion letter date. If a student lodges a successful request for a hearing to the Dean after their exclusion has been applied in Callista, the Faculty must report this to MI so that MI can inform DIMIA.
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