Breach of condition 8202(2)(c)

Visa condition 8202(2)(c) states:

c. must ensure that neither of the following subparagraphs applies in respect of a registered course undertaken by the holder:

the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act;
the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act.

CRICOS providers must inform the Australian Government of any overseas student who demonstrates unsatisfactory course progress or unsatisfactory course attendance, as prescribed under Standard 8 of the National Code 2018.

Reporting a breach of condition 8202(2)(c)

Before a student can be reported for breaching condition 8202(2)(c), CRICOS providers must attempt several preventative steps:

Providers must monitor their students’ course progress and, where applicable, the attendance for each course in which they are enrolled.
Providers must identify if a student is at risk of presenting unsatisfactory course progress or attendance, before either situation occurs.
Providers must have a documented intervention strategy, and implement that strategy, before an overseas student demonstrates unsatisfactory course progress or attendance. They must also have a process in place for identifying the point at which an overseas student failed to meet their course progress or attendance requirements.
Any student who continues to demonstrate unsatisfactory course progress or attendance, regardless of intervention attempts, must be served with a notice of the provider’s intention to report them to the Australian Government. This notice must specify the reason the provider intends to report the student, and advise the student of their right to access the provider’s complaints and appeals process within 20 working days of receiving the notice. This is a requirement under Standard 10 of the National Code 2018.

Once the above steps have been completed, CRICOS providers must meet one of the following requirements, specified under Standard 8 of the National Code 2018, to report a breach of condition 8202(2)(c):

8.14.1—the internal and external complaints processes have been completed and the decision or recommendation supports the registered provider, or
8.14.2—The overseas student has chosen not to access the internal complaints and appeals process within the 20 working day period, or
8.14.3—The overseas student has chosen not to access the external complaints and appeals process, or
8.14.4—The overseas student withdraws from the internal or external appeals processes by notifying the registered provider in writing.

Please note: If an overseas student has sought review of a decision by a CRICOS provider with an external appeals process, the CRICOS provider must await the outcome of that process before they report the overseas student to the Australian Government.

Reporting of a breach of condition 8202(2)(c) must occur as soon as practicable after all criteria have been met to be able to report an overseas student for unsatisfactory course progress or course attendance.

CRICOS providers must also provide the following information when they report a breach of condition 8202(2)(c):
student’s residential address in Australia
student’s residential address overseas
student’s phone number and email address.

Please note: A CRICOS provider must still report an overseas student for unsatisfactory course progress or unsatisfactory course attendance even if they cease to be an accepted student.

Why is this information important?

CRICOS providers form a vital component in maintaining the integrity of the student visa framework, by ensuring students are meeting their visa requirements.

All overseas students have condition 8202(2)(c) imposed on their visa. This condition states that an overseas student must not have their registered CRICOS provider report that they have not met satisfactory course progress or course attendance requirements.

A student who is reported for breaching condition 8202(2)(c) is liable to have their student visa cancelled. If they do not have their visa cancelled, they will have to respond to this breach when they next apply for a student visa.

This reporting may also indicate that a student is not a genuine student, resulting in grounds for visa cancellation under Section 116(1)(fa)(i) of the Migration Act 1958.