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Standard 13 - Deferring, Suspending or Cancelling the Student's Enrolment

Deferment, Suspension or Cancellation of a Student's Enrolment (ESOS Specific) Procedure

Purpose

Standard 13 of the National Code allows students where compassionate or compelling circumstances exist to defer commencement of studies, take a leave of studies or temporarily suspend their studies during their program. This must be completed through a formal agreement with their registered provider. Students must be advised that deferring, taking leave of studies or temporarily suspending their studies during their program may affect their student visa.

The registered provider may also seek to cancel or suspend the student’s enrolment for misbehaviour by the student.

This procedure outlines the circumstances for the application, assessment and approval of the deferment, suspension, a leave of absence or cancellation of enrolment when instigated by either student or registered provider and subsequent reporting requirements via PRISMS.

Scope

This Procedure applies to all International Students studying On Shore holding a Student Visa as a student of the University of Ballarat. This is irrespective of teaching location or if the program or course is delivered via a Partner Provider.

Definitions

Cancellation: CoE is cancelled. Student must re apply for program if they wish to continue study.
Compassionate or compelling Circumstances*
Professional judgement to assess each case on its merits:
  • Where a student does not receive their student visa in time to arrive at UB to commence study.
  • Serious illness or injury – where a medical certificate states the student was unable to attend classes.
  • Bereavement of close family members such as parents or grandparents (death cert should be provided).
  • Major political upheaval or natural disaster in home country requiring emergency travel and this has impacted on the students studies.
  • A traumatic experience i.e. involvement in or witnessing of a serious crime or accident and this has impacted on the student(police or psychologists report to be provided).
  • Where the Registered provider was unable to offer a pre requisite course/unit.
  • Other reasons may be considered but must have documentary evidence to support the claim.

Note:

  • Deferral due to lack of funds is not accepted by DIAC as a compassionate or compelling circumstance to defer for a semester. It is a condition of a student visa that students have access to funds to cover the tuition fees and cost of living for the duration of their student visa.
  • Deferring for a semester to go home to be married is not normally considered to be a compassionate or compelling circumstance which is beyond the control of the student. It is recommended that students try to plan weddings during the semester breaks. Students should speak to their Program Coordinator or Head of School before making wedding arrangements.
CoE: Confirmation of Enrolment
Deferment: A request by the student prior to the commencement of study of their program to temporarily postpone study. (Student initiated).
DIAC: Department of Immigration and Citizenship
ESOS: Education Services for Overseas Students Act 2000
Extenuating Circumstances:
  • Is missing.
  • Has medical concerns.
  • Has engaged or threatens to engage in behaviour that is reasonably believed to endanger the student or others.
  • Is at risk of committing a criminal offence.
ISP: International Student Programs office of the University of Ballarat
Leave of Studies: A request by the student to temporarily postpone study after the commencement of their program. (Student initiated).
Partner Provider (PP): Educational Institution providing programs and courses of the University of Ballarat through an approved Education Agreement.
PRISMS: The Provider Registration and International Student Management System.
Suspension: The enrolment of a student in their program of study is suspended for a period of time, after which time the student may recommence study.

Note:

Suspension of enrolment should not be included in attendance monitoring calculations.

Actions

The University’s Statutes and Regulations must be read in conjunction with this Procedure.

Where a decision is made, the student always has the right to appeal this decision using the appeals processes as outlined in the Universities Statues and Regulations. This must always be clearly communicated to the student with the notification of the decision.

Actions required to meet this procedure are outlined in the following sections:

Deferment or Leave of Absence

Withdrawal From All Studies

Suspension of Enrolment (University Initiated)

Cancellation of Enrolment

Deferment or Leave from Studies

  STEPS WHO IS RESPONSIBLE? COMMENTS
1

Request for Leave of Absence for a full semester or longer.

 

Deferment request (Refer point 9 & 10)

Student/PP
2 Receipt of Application for Leave of Studies form School/PP
  • School or PP will provide student with a dated receipt when form lodged.
  • PP will forward form to School for assessment. PP may attach PP recommendation to the student's form.
3 Assessment for Leave of Studies. School
  • Approval can only be given in accordance with defined compassionate or compelling circumstances.
  • Where a student wishes to take a break from their studies but does not have compassionate or compelling circumstances the student will need to withdraw and re-apply when they are ready to return to study.
  • School may delegate approval for PP to assess applications for short term leave from studies. Refer below.
4 Approval / Decline of Leave of Studies. School  
5 Notification is provided to Student of decision. School
  • Records to be maintained of the provision of notification and information provided to student.
  • If student is studying at Partner Provider location a copy of the letter sent to student must be provided to PP.
  • Information provided to student regarding how their visa may be affected as a result of the Leave of Studies.
  • Notify student of DIAC website or helpline.
  • Notification of the decision to the student must include further action that may be required by them in order to formally complete the process with Student Services (if applicable).
  • Sample letter sent to student available on website.
6 Copy of form sent to ISP/PP after approval or decline by school. School
  • Approved signed form is sent to Student Administration.
  • The School retains a copy of the form.
7 Form is processed. Student Administration
  • Processed form is kept by Student Services.
8 Change to CoE reported via PRISMS. ISP / PP
  • ISP / PP retains a copy of the form in the student's file.
9 Deferment of commencement of program Student/ISP/PP Students requesting a deferment due to not receiving their student visa in time to commence their program for the current semester or other compassionate or compelling reasons will contact the ISP/PP and request a new CoE for the following semester.
10 Deferment approved ISP/PP ISP or PP will contact school for approval (if applicable). When approved ISP/PP will issue new offer & acceptance agreement and re-issue CoE with new commencement date. New commencement date will be recorded in Campus Solutions.

Note:

  • Students can take a leave of absence if there are no courses/units they can study in the relevant study period as this could be considered a compelling circumstance.
  • Students should check with DIAC before applying for leave of studies or withdrawing from all studies.
  • While UB may allow a leave of absence for more than 6 months DIAC may not recognise it and act to cancel the student’s visa.

Short term leave from studies

A short term leave from studies will normally not affect the length of a student's visa.

Returning students who wish to enrol or commence classes after the last date allowed for the semester, must apply for leave from studies and have the leave approved prior to commencement of the semester unless circumstances out of the control of the student prevents this from occurring. Student Administration at the Partner Provider teaching locations will inform students of the last date to enrol for the semester.

Students who wish to take leave from studies during a semester eg. leave to return to home country for two weeks, must apply for leave from studies prior to taking leave unless circumstances out of the control of the student prevents this from occurring.

When assessing a short term leave from studies application PP/School must consider the number of classes the student will miss during the leave from studies period and how it will affect the student's results at the end of the semester.

Assessment of a short term leave from studies application is assessed under the compassionate or compelling definition. It is not necessary for Student Administration to make changes in Campus Solutions unless advised at a later date by ISP/PP that the student did not return to study in current semester. Copy of approved form or letter must be held in student's file. If applicable ISP/PP will record leave on CoE via PRISMS.

Withdrawal from All Studies

  STEPS WHO IS RESPONSIBLE? COMMENTS
1. Withdrawal from All Studies Student
2. Student presents form for signing at ISP/ PP. ISP/PP
  • ISP/PP sign form and keeps a copy.
3. Student lodges form at Student Administration for processing. Student/Student
Administration
  • Student Administration will provide student with copy of form.
4. Student Administration processes withdrawal according to date student has entered on form. Student Administration
  • Student Administration will forward copy of form to school.
5. ISP/PP cancel students enrolment in program via PRISMS from the date listed on withdrawal form. ISP/PP
  • Copy of withdrawal form with date reported on PRISMS completed filed in student’s file.

Note:

Students should check with DIAC before withdrawing from all studies.

Suspension of Enrolment (University initiated)

  STEPS WHO IS RESPONSIBLE? COMMENTS
1. Action / Decision applicable Statute or Regulation.  
2.

Written notification to student of the decision to suspend them.

Advice must include:

  • suspension may impact on student’s visa;
  • 20 working days to access UB’s Appeals Process;
  • Notify student of DIAC website or helpline.
As per applicable Statute or Regulation.
  • Suspension cannot take effect until the internal appeals process is completed unless extenuating circumstances relating to the welfare of the student apply.
  • Correspondence to students in regard to appeals and appeal outcomes must be sent to student's UB student email account followed by Australia Post to current postal address. Postage can be regular, express or registered post.
3. Notify ISP of the suspension within 7 days of the appeal period passing or any appeal finding in favour of the origin decision to suspend. School/PP
  • Any student wishing to access an external appeals process must contact ISP and provide evidence of having accessed an external appeals process within 10 working days of being advised that their appeal was not successful. Students do not need to be enrolled during the external appeals process and their suspension may be reported to DIAC.
4. Report student via PRISMS that the student’s enrolment is suspended. ISP
  • DIAC will consider the student’s circumstances and decide whether to maintain or cancel the student’s visa.

Note:

The above procedure for Suspension of Enrolment (University initiated) is for discipline reasons.

Procedures for Suspension of Enrolment (University initiated) for academic reasons is covered under UB's Standard 10 – Monitoring Course Progression Procedure.

Cancellation of Enrolment

  STEPS WHO IS RESPONSIBLE? COMMENTS
1. Action as per above applicable Statute or Regulation.  
2.

Written notification to student of the decision to cancel enrolment.

Advice must include:

  • suspension may impact on student’s visa;
  • 20 working days to access UB’s Appeals Process;
  • Notify student of DIAC website or helpline.
As per applicable Statute or Regulation.
  • Cancellation cannot take effect until the internal appeals process is completed unless extenuating circumstances relating to the welfare of the student apply.
  • Correspondence to students in regard to appeals and appeal outcomes must be sent to student's UB student email account followed by Australia Post to current postal address. Postage can be regular, express or registered post.
3. Notify ISP of the cancellation within 7 days of the appeal period passing or any appeal finding in favour of the origin decision to cancel. School/PP
  • Any student wishing to access an external appeals process must contact ISP and provide evidence of having accessed an external appeals process within 10 working days of being advised that their appeal was not successful. Students do not need to be enrolled during the external appeals process and their cancellation may be reported to DIAC.
4. Cancellation of Student CoE via PRISMS. ISP / PP
  • DIAC will consider the student’s circumstances and decide whether to maintain or cancel the student’s VISA.

Note:

The above procedure for Cancellation of Enrolment is for discipline reasons.

Procedures for Cancellation of Enrolment (University initiated) for academic reasons is covered under UB's Standard 10 – Monitoring Course Progression Procedure.

Responsibilities

Specific responsibilities for action are included under Actions.

Associated Documents

Forms

Forms/Record Keeping

Title Location Responsible Officer Minimum Retention Period
Application for Deferment, Suspension or Leave of Studies Student File School/PP 2 years after completion of course
Evidence of Assessment of applications for deferment, suspension or LOA Student File School/PP 2 years after completion of course
Evidence of Approval / Rejection of Application Student File School/PP 2 years after completion of course
Evidence of information provided to student informing them of possible changes to their student visa. Student File School/PP 2 years after completion of course
Evidence of notification of changes to enrolment status via PRISMS Student File ISP 2 years after completion of course

Implementation

This Procedure will be implemented using the following strategies:

  1. an Announcement Notice under ‘UB Communicate’ on the ‘myUB Gateway’ website and through the University of Ballarat Policy - ‘Recently Approved Documents’ webpage to alert the University-wide community of the approved Procedure;
  2. inclusion on the University of Ballarat Policy, Procedure and Forms website; and
  3. notification to Partner Providers and UB ESOS Compliance Team by Manager, International Providers & ESOS Compliance.