Migration Amendment (Suspending Education Providers) Regulations 2024 dated 14 March 2024 supports implementation of the Government’s Migration Strategy announced on 11 December 2023. The Regulations amends the Migration Regulations 1994 to prescribe the ‘relevant score’ as a matter that the Minister may have regard to when considering whether to issue a suspension certificate under section 97 of the ESOS Act.
The ESOS Act sets out rules for registering providers offering education services to international students. Section 97 of the Act allows the Immigration Minister to issue a suspension certificate to a registered provider or their associate if they believe that substantial number of international students are coming to or staying in Australia for purposes not contemplated by their visa.
This initiative is part of the Australian Government’s Migration Strategy, aimed to support integrity in the international education system and to support genuine overseas student.
Under subsection 97(2) of the ESOS Act, in considering whether to give such a certificate, the Immigration Minister may have regard to any of the following:
- the number of applications for student visas made by overseas students and intending overseas students, in respect of the registered provider or associate, that have been refused, where there were fraudulent statements made or fraudulent documents given in connection with the application;
- the number of the registered provider’s or associate’s accepted students and former accepted students who have breached conditions of their visas;
- the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses;
- any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958.
Under section 98 of the ESOS Act, before issuing a suspension certificate, the Immigration Minister must give the registered provider a written notice stating that they intend to give the provider a suspension certificate and why. The effect of a suspension certificate is that the provider would not be able to recruit new international students for the period that the suspension certificate remains in force (6 months). However, existing students may continue their studies with the provider.
The Amendment Regulations amend the Migration Regulations to provide the Minister with the ability to specify by instrument the method for working out a score, when and how often a relevant score is to be worked out and the period in which a relevant score has effect for a registered provider in a legislative instrument.
The Instrument is registered on the Federal Register of Legislation on 22 March 2024 and commenced on 23 March 2024. It is currently in force.
To access the instrument, click here.
