EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 97 Immigration Minister may give a registered provider a suspension certificate

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 97

  (1)   The Immigration Minister may give an Immigration Minister's suspension certificate to a registered provider if, in the Immigration Minister's opinion, a significant number of overseas students or intending overseas students in respect of:

  (a)   the registered provider; or

  (b)   another provider that is an associate of the registered provider;

are entering or remaining in Australia for purposes not contemplated by their visas.

Matters that the Minister may consider

  (2)   In considering whether to give such a certificate, the Immigration Minister may have regard to any of the following:

  (a)   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;

  (b)   the number of the registered provider's or associate's accepted students and former accepted students who have breached conditions of their visas;

  (c)   the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses;

  (d)   any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958 .

  (3)   Subsection   ( 2) does not limit the matters to which the Immigration Minister may have regard in considering whether to give a certificate.

  (4)   For the purposes of paragraph   ( 2)(a), it is immaterial whether or not the fraudulent statements or documents were a reason for refusing the application.

Power to be exercised personally

  (5)   The power to give an Immigration Minister's suspension certificate must be exercised by the Immigration Minister personally.