Division 14A under Part 2 of the Migration Act (1958) is about monitoring compliance with student visa conditions. Subdivision A under Division 14A is the preliminary subdivision consisting of introductory sections on monitoring compliance with student visa conditions.
In this article, we provide an outline of those preliminary sections. These include:
Section 268AA: Definitions Related to Monitoring Compliance with Student Visa Conditions
This Section provides definitions of terms that appear under Division 14A (monitoring compliance with student visa conditions). Given below are the definitions of the terms:
- Attendance notice: This refers to a notice given under Section 268BD
- Document: This includes a copy of a document
- Education provider: Refers to an institution or other body or person in Australia that provides, has provided or seeks to provide courses of education or of training to persons who hold student visas.
- Monitoring warrant: Refers to a warrant issued under section 268CE or 268CZD
Furthermore, occupier refers to:
- in relation to premises comprising a vehicle or vessel – means the person apparently in charge of the vehicle or vessel; and
- in any case – includes a person who apparently represents the occupier.
Additionally, premises means:
- an area of land or any other place, whether or not it is enclosed or built on; or
- a building or other structure; or
- a vehicle or vessel.
and includes a part of any such premises.
A production notice refers to a notice under Section 268BA. Furthermore, a tribunal member refers to member of the Administrative Appeals Tribunal (AAT). Lastly, visa monitoring purposes means a purpose of determining whether the conditions of a particular student visa or visa, or of student visas generally, are being or have been complied with.
Section 268AB: Division Binds the Crown
Subsection (1) states that this division binds the Crown in each of its capacities. Subsection (2) states that nothing in this Division makes the Crown in any capacity liable to be prosecuted for an offence.
Section 268AD: Powers Conferred on Magistrates in their Personal Capacity
Section 286AD under Division 14A (monitoring compliance with student visa conditions) is on the powers conferred on magistrates in their personal capacity. Subsection (1) states that a power conferred on a magistrate by section 268BQ, 268CE, 268CU or 268CZD is conferred on the magistrate in a personal capacity and not as a court or a member of a court.
Subsection (2) states that the magistrate need not accept the power conferred. Moreover, subsection (3) states that a magistrate exercising a power mentioned in subsection (1) has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.
Student Visas (Subclass 500)
A student visa allows students from overseas to come to Australia and enrol in a course. This can be for undergraduate or postgraduate studies. Generally, the validity of the visa is in line with the enrolment. As of 2023, the cost of the visa 710 AUD for the main applicant.
One of the conditions of a student visa is that parties on this visa can only work up to 48 hours in a fortnight when their study or training is in session. Secondly, registered providers also continually monitor compliance with student visa conditions in relation to attendance.
If a student is at risk of failing to meet their attendance requirements, registered providers generally notify them of the same. Moreover, if they fail attendance requirements such that the provider has to report the student, then the provider must notify the student of their intention to report them.
Importance of Seeking Legal Advice from Immigration Lawyers
If you wish to make a student visa application, it is necessary to speak with leading migration lawyers. Our team at JB Solicitors can help you with all types of visa applications. We can assist in applying for permanent residency visas, skilled worker visas, partner visas as well as student visas.
If you have more questions in relation to monitoring compliance with student visa conditions, do not hesitate to reach out to our team. Contact us today.
