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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.
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