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1 year suspension from uni

Printed From: AussieLegal
Category: Immigration Law
Forum Name: Student Visa, Employment Visa, Partner Visa, 457 Visa
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=15403
Printed Date: 22/April/2019 at 12:44


Topic: 1 year suspension from uni
Posted By: random_her0
Subject: 1 year suspension from uni
Date Posted: 03/March/2012 at 17:14
Hi,

I have received a 1 year suspension from university for not meeting academiic requirements. Whilst I did not appeal this decision, I was immediately in contact with my university, gave me reasons for my poor performance (fathers health issues being one) and outlined my plan for the year in order to refocus and re-motivate myself for my return in 2013 to finish my degree (undergrad). The university has since replied and confirmed I can reapply in 2013, with no academic penalty.

The issue arises however with my student visa. I immediately contacted my local DIAC in the country I live in (I left Australia MONTHS before my visa was set to expire) and asked them about what will happen when my visa is cancelled and they returned saying they could not help because there is no record of cancellation to my visa. I inquired with my universities international department as to why this and they told me that they have yet to report suspensions to the DIAC, and will do so after all appeals are sorted at the end of March.

With that said, does anyone know what the likely outcome will be? Am I likely to receive a three year expulsion period. Or is the fact that my University has agreed to my re-enrollment, my leaving the country whilst still having a valid visa, me contacting the DIAC well in advance and, if needed, me supporting my situation with information regarding my fathers poor health sufficient to avoid the 3 year ban and being able to reapply for a student visa to recommence studies in 2013?

Thanks for any help in advance.



Replies:
Posted By: MartinO
Date Posted: 03/March/2012 at 20:40
Provided you notified Immigration that you had suspended your studies due to family health problems and that you have left the country and confirmed this with them, I don't expect there will be any impediment to you reapplying to resume your course.

But if you just left the university, and the country, and have been excluded from university and they have notified Immigration of this, without your notification to Immigration, you may well have a problem. Perhaps a full explanation and an application to defer you student visa for a year, would be the best course of action, now.

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I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.


Posted By: random_her0
Date Posted: 04/March/2012 at 01:53
I already e-mailed my local DIAC office (Located in the Australian embassy of Bangkok) and the reply I received merely pointed out they were unsure of how they could help because at this point my student visa has not been cancelled (as it has yet to be reported). do I really need to contact the DIAC in Perth (where I went to uni, and presumably where they will report academic suspensions?) so far I can only find a phone number which can be used within Australia


Posted By: random_her0
Date Posted: 04/March/2012 at 01:58
I should clarify. I did not suspend my studies, the university has put me on suspension for 1 year as I didn't meet the academic requirements for my course.
I feel like if I could contact an appropriate DIAC office and explain why I struggled to meet the requirements and my plan to return in 2013, which the University has given me permission to do, I would not face the 3 year ban from reapplying. But it seems to be damn near impossible to communicate with a DIAC office from overseas, I question whether or not the embassy where I live will be able to sort out my situation. Why they don't have e-mail contact I do not understand...


Posted By: MartinO
Date Posted: 04/March/2012 at 02:18
If you wish to come back I believe you should make some efforts to formally acknowledge that your studies are suspended for a year and that you have returned to your home country for that year and wish to apply to have your student visa suspended for the year but reinstated once you are able to return.

You can write to the Perth office at:-

DIAC
Locked Bag 7
Northbridge WA 6865

-------------
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.


Posted By: random_her0
Date Posted: 04/March/2012 at 03:21
Thanks for your continued help, I think contacting the DIAC in Perth is the way to go, just wish snail mail wasn't my only option...
I just had a thought, I cannot check the status of my visa at the moment (VEVO isn't accepting my TSN for some reason) and the embassy is obviously closed, but I have a feeling my student visa will expire before my university reports the suspension to the DIAC. Any idea how this will affect things?
Thanks again Martin


Posted By: MartinO
Date Posted: 04/March/2012 at 03:38
I think you should endeavour to get in first, that way when the uni report comes through, and they consult your file, nothing will be done because they already know the reason you are not attending.

I hope this happens, because it is difficult to reverse something they've done, much better to have them not do it.

-------------
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.


Posted By: random_her0
Date Posted: 04/March/2012 at 03:46
so you think it's best for me to communicate with them before hand, give them my reasons and acknowledge my uni suspension? I'm going to try visit the embassy here early next week, perhaps they will be able to get in touch more efficiently than by mail!
thanks again Martin


Posted By: MartinO
Date Posted: 04/March/2012 at 03:49
I don't know but I believe you should do it in writing, so that there is something in your file, even if you take the letter in.

-------------
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.



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