Intent

To specify the enrolment requirements for international student visa-holders, and the responsibilities of such students and Deans, in order to be compliant with the National Code of Practice for Providers of Education and Training to Overseas Students.

Scope

This policy applies to:

• all international student visa-holders, and

• Deans who monitor the enrolment of these students.

Definitions

Compulsory study period or trimester:  study periods 1 and 2 and trimesters 21, 22 and 23.

Non-compulsory study period or trimester: all study periods and trimesters in effect at campuses, study centres or alliance institutions operating in Australia, other than study periods 1 and 2 or trimesters 21, 22 and 23.

Online, distance and external study: at James Cook University this means subjects with an attendance mode of ‘External’ or ‘Limited’.

Compassionate and compelling circumstances:  circumstances beyond a student’s control which have had, or would have, an impact on a student’s course progress or well-being.  These circumstances may include, but are not limited to:

• serious illness or injury, where a medical certificate or psychologist’s report states that the student was/will be unable to attend classes;

• bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided);

• major political upheaval or natural disaster in the student’s home country;

• a traumatic experience which has impacted the student, and which is supported by police or psychologists’ reports;

• unavailability of subjects required for the student to progress in their course; and

• inability to begin studying on the course commencement date due to delay in receiving a student visa.

Policy and Procedures

Students who are international student visa-holders must meet specific enrolment requirements in order to comply with the National Code of Practice for Providers of Education and Training to Overseas Students, which is administered by the Department of Education and Training (Department of Education).  These enrolment requirements are established to ensure that students complete their course within the expected duration of study, as specified in the student’s Confirmation of Enrolment issued by the Department of Education.  These requirements are in addition to the award requirements applicable to each course, and to the University’s undergraduate requirements or postgraduate requirements, as applicable.

1. Enrolment Requirements

1.1 International student visa-holders must enrol in the full load for each of the compulsory study periods/trimesters, unless:

a) they have been advised in writing by a Dean to take a reduced load, as a result of an intervention strategy implemented to assist students who are not making satisfactory academic progress, or

b) their enrolment in non-compulsory study periods/trimesters, within the same academic year, sufficiently compensates for the reduced load of the main study periods/trimesters, or

c) they have been given an approved leave of absence or approval for deferment due to compassionate or compelling circumstances, or

d) they have only one or two subjects remaining to complete their course.

1.2 International student visa-holders must not enrol in more than 25% of the total credit points for the course in online, distance or external study.

1.3 International student visa-holders must not study entirely through online, distance or external study in any compulsory study period or trimester.

2. Responsibilities of international student visa-holders

2.1 International student visa-holders must ensure that they are aware of the requirements of this policy, and that their application to enrol in subjects is consistent with these requirements.

2.2 International student visa-holders must be available to meet with the Dean when requested, and must follow the enrolment advice provided by them under clause 1 above, within 5 working days of receiving that advice, or risk cancellation of enrolment as outlined below.

a) International student visa-holders who do not follow the enrolment advice of the Dean when requested may be notified in writing by the Director, Student Services that their enrolment will be cancelled.  Such notification will be provided as soon as practicable, and other than in exceptional circumstances, no later than the census date for that study period.  A copy of this notification will be provided to the Manager, Academic Administration and Enrolment.

b) A student who wishes to appeal the decision of the Dean made under the provisions of this policy may lodge an appeal in writing with the Divisional Deputy Vice-Chancellor.

c) The appeal must be lodged within 20 working days of the date of the notification of the decision of the Dean. Where in the opinion of the Director, Student Services there are circumstances beyond the control of the student the Director of Student Services may extend the time for lodging an appeal.

d) A student who submits an appeal will have no action taken in relation to the cancellation of enrolment until the appeal has been determined.

e) The appeal may be based only on the grounds of the procedural fairness of the process leading to the decision.

f) An appellant shall have the right to be heard in person by the Divisional Deputy Vice-Chancellor, prior to any decision being made.  Students who wish to do this must indicate as such in the initial appeal application.

g) The appeal shall be considered by the Divisional Deputy Vice-Chancellor.

h) The process to review the appeal must commence within 10 working days of lodgement of the appeal with the Provost.

i) An appellant who elects to be heard in person by the Divisional Deputy Vice-Chancellor may be assisted by a support person, not acting in a legal capacity, but the support person shall take no part in the proceedings, except at the express invitation of the Divisional Deputy Vice-Chancellor.

j) The Divisional Deputy Vice-Chancellor shall have the power to uphold or dismiss the appeal.

k) An appellant will be notified of the outcome of their appeal, and the reasons for the decision, as soon as practicable by the Director of Student Services.

3. Responsibilities of the Dean

3.1 The Dean will consult with international student visa-holders, at the start of the course and as required during the course, to develop and maintain a study plan which ensures that students complete the course within the expected duration of study.

3.2 The Dean will monitor the enrolments of international student visa-holders prior to the start of and during each compulsory study period/trimester to confirm that they comply with the enrolment requirements specified above.

3.3 Where the enrolment of an international student visa-holder does not comply with the enrolment requirements then the Dean will contact the student in a timely manner to discuss the subject selection and to provide written advice regarding appropriate subject selection.

3.4 Where the study plan shows that a student will not complete their course within the expected duration of study, then the Dean will:

a) provide such advice in writing, and in a timely manner, to the Manager, Academic Administration and Enrolment outlining the reasons why the student will not complete in the expected timeframe, and

b) provide a revised date for the expected completion of the course by the student.

Related documents, legislation

National Code of Practice for Providers of Education and Training to Overseas Students

University Requirements for Undergraduate Coursework Awards

Framework for Postgraduate Courses Policy

Approval Details

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Revision History

[Approval date - the date the approval authority approved the establishment, minor or major amendment or disestablishment]

[Implementation Date - the date the policy was published in the Policy Library and is the date the policy takes effect]