General
This policy outlines the procedure that Imperial follows regarding the enrolment of students transferring from another provider. Imperial ensures compliance with the relevant rules and regulations. This policy is to be read in conjunction with the ESOS 2000 and the National Code 2018, Standard – 7.
Relevant Legislation
- ESOS ACT 2000
- Standard 7 of the National Code 2018
Six Months – It’s Meaning
Imperial’s policy in determining the initial 6 months in a transferring student’s course support the intent of Standard 7 which recognises overseas students as consumers and supports them to exercise choice, while acknowledging that they may also be a group that requires support to transition to study in Australia.
The first 6 months in a principal course will be calculated from the date the student starts the course; and
If a student has had a break in between his/her course, the period of break is not counted in the calculation of 6 months.
Procedure for Assessing Student Wishing to Transfer to Imperial
Imperial will follow the following procedure:
- The Admissions Officer receives an application from a student who is on-shore and who has indicated that they are currently studying at another provider.
- The Admissions officer will use PRISMS to decide if the student has completed 6 months of his/her principal course. The Admissions officer will also refer to the copy of the student’s visa to ascertain the visa sub class to determine the sector of study and also the date of arrival of the student in the country
- If the students have completed 6 months of their principal course, then their application will be processed.
- If they have not, they will be asked to provide a valid enrolment offer from another registered provider. They can be provided with a “conditional” offer which will clearly state that an offer of a place is contingent on their obtaining a valid enrolment offer from another registered provider. If the student is in receipt of a Government scholarship, he/she should provide written support from the sponsoring government agreeing to the change which will stand in lieu of any letter of release.
- If no satisfactory valid enrolment offer from another registered provider is obtained from such students, the application process is halted and the student is informed that he/she is not eligible for transfer. However, the student can make another application on completion of 6 months in his/her principal course.
Conditions and Exceptions
Imperial will not knowingly accept student for enrolment who has not completed the first 6 months in his/her principal course except for conditions listed in Standard 7 of the National Code 2018:
- The original registered provider has ceased to be registered or the course in which the student is enrolled has ceased to be registered;
- The releasing registered provider has agreed to the overseas student’s release and recorded the date of effect and reason for release in PRISMS;
- The original registered provider has had a sanction imposed on its registration by the ESOS agency that prevents the overseas student from continuing his or her course at that registered provider;
- Any government sponsor of the student considers the change to be in the student’s best interest and has provided written support for that change.
Procedure for Assessing Application for Transfer from Imperial
Imperial will follow the below mentioned procedure to consider application for transfer requests prior to the overseas student completing six months of their principal course:
- Student makes a written request to the Administration Manager for transfer to another provider.
- The student must provide a valid enrolment offer from another registered provider.
- With these documents sighted, the Administration Manager will assess the transfer request considering the following questions:
- the overseas student will be reported because they are unable to achieve satisfactory course progress at the level they are studying, even after engaging with Imperial’s intervention strategy to assist the overseas student in accordance with Standard 8 (Overseas student visa requirements)
- there is evidence of compassionate or compelling circumstances
- Imperial fails to deliver the course as outlined in the written agreement
- there is evidence that the overseas student’s reasonable expectations about their current course are not being met
- there is evidence that the overseas student was misled by Imperial or an education or migration agent regarding Imperial or its course and the course is therefore unsuitable to their needs and/or study objectives
- an appeal (internal or external) on another matter results in a decision or recommendation to release the overseas student.
- If the answers to the above are satisfactory and in accordance with policy, the release will be granted at no charge to the student. The student will also be advised of the need to contact Immigration (Department of Home Affairs) to seek advice on whether a new student visa is required.
- The Admissions officer reports student’s release and recorded the date of effect and reason for release in PRISMS.
- If any of the answers are unclear, they should be referred to the CEO, who will interview the student to gain a full understanding of the circumstances.
- The CEO will inform the Admissions Officer on the outcome of the interview, consequently either rejecting the application for transfer or approving it.
- The Admissions Officer will inform the student in writing of a negative outcome with reasons and student’s right to access the Imperial’s complaints and appeals process, in accordance with Standard 10 (Complaints and appeals), within 20 working days.
- The above assessment procedure should not take more than 7 working days once the student has provided all the necessary documentation;
- Imperial will not finalise the student’s refusal status in PRISMS until the appeal finds in favour of the registered provider, or the overseas student has chosen not to access the complaints and appeals processes within the 20 working day period, or the overseas student withdraws from the process.
Grounds for Refusal
Imperial will refuse the issuance of a release letter if following exists:
- Transfer is detrimental (refer below) to the student;
- The student is under the restricted period;
- Transfer is being requested to avoid payment of fee; and
- Transfer is requested to avoid being reported to DHA on account of low attendance and unsatisfactory course progress before engaging with Imperial’s intervention strategy to assist the overseas student in accordance with Standard 8.
Factors that may be considered to the student’s detriment, but which should be considered in light of the student’s individual circumstances and a broader range of factors, such as those outlined above, include:
- if the transfer may jeopardise the student’s progression through a package of courses
- If the student has recently started studying the course and the full range of support services are yet to be provided or offered to the student and;
if the student is trying to avoid being reported to DHA for failure to meet the provider’s attendance or course progress requirements.
Compelling and Compassionate Circumstances which Imperial will consider are:
Those beyond the control of the student and they have an impact on the student’s capacity and/or ability to progress through a course. These could include:
- Serious illness or injury, where a medical certificate states that the student was 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 home country requiring their emergency travel and this has impacted on their studies
- A traumatic experience which could include but is not limited to:
- Involvement in or witnessing of an accident or
- A crime committed against the student or
- The student has been a witness to a crime
- And this has impacted on the student (these cases should be supported by police or psychologists’ reports).
Records Keeping
Imperial will maintain records of all requests from overseas students for a release and the assessment of, and decision regarding, the request for two years after the overseas student ceases to be an accepted student.