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Studying in Australia
The judgment affects people who were student visa holders between May 2001 and 16 August 2005. Importantly, it only applies to those who failed to report to a DIAC office within 28 days of being sent a breach notice by their education provider.
Student visa holders are obliged to maintain enrolment in a 'registered course', attend classes and achieve a satisfactory academic result.
Students who did not comply with these attendance or academic requirements were issued with a written notice by their education providers. This notice gave the student 28 days to report to DIAC and discuss their case. If they failed to do this, their visa was automatically cancelled.
Which Students might be affected
The judgment affects people who were student visa holders between May 2001 and 16 August 2005. Importantly, it only applies to those who failed to report to a DIAC office within 28 days of being sent a breach notice by their education provider.
Student visa holders are obliged to maintain enrolment in a 'registered course', attend classes and achieve a satisfactory academic result.
Students who did not comply with these attendance or academic requirements were issued with a written notice by their education providers. This notice gave the student 28 days to report to DIAC and discuss their case. If they failed to do this, their visa was automatically cancelled.
Effect of the decision of Uddin v. MIMIA
Because of this decision, all automatic cancellations under section 137J of the Migration Act 1958, which flowed from a section 20 notice in the same form as that sent in the above case, are not effective and the visa must be treated as not cancelled by section 137J.
Accordingly, as the above decision affects all section 137J cancellations between May 2001 and 16 August 2005, DIAC has decided that all such cancellations would be reversed. This has now been done.
This reversal ensures that all people affected will not have further visa applications rejected on the now incorrect basis that they were unlawful non-citizens. All visa applications lodged will be assessed on their merits.
Visas re-instated as a result of this decision may still be liable for cancellation. Whether this occurs will depend on individual circumstances.
Advice for Students
If you are a student and you believe that you are affected by the above decision, you should contact the department.
If you are in Australia, contact 131 881.
If you are in Turkey, please contact the Immigration Section on +90 312 459 9515 between 8:30am - 12:00.
Student Visa
There are 5 different assessment levels. These assessment levels establish the threshold requirements that an applicant must meet in order to be granted a student visa.
Turkish Citizens are Assessment Level 3 for all subclasses.
For information on Assessment Levels
See: Assessment Levels (pdf)
Student visa subclasses are based upon the type of course in which an applicant will be enrolled.
For detailed information on Student Visa subclasses and which sector your course fits into
See: Studying in Australia
Application Form: 157A
See: Forms and Booklets
Required Documents
See: Student Visa Required Documents
Visa Application Fee
See: Fees and Charges
Average Processing Time: 8 Weeks
For further information on Student Visa policies, categories and requirements
See: Studying in Australia