Transfer and Release for International Students

Transfer and Release for International Students

SUMMARY

The Transfer and Release for International Students Policy establishes the circumstances under which the University will allow both the enrolment of transferring international students and the release of   international students from the University to another registered provider prior to or   within the first six months of study in their Principal Course. The Procedure provides further information concerning the the management of transfer and release requests from   international students.

POLICY

1 PURPOSE

To specify the circumstances under which the University will allow both the enrolment of transferring international students and the release of international students from the University to another registered provider prior to or within the first six months of study in their Principal Course.

2 BACKGROUND

The National Code of Practice for Providers of Education and Training to Overseas Students (2018) (‘the National Code’) restricts higher education providers from enrolling international students transferring from another education provider prior to the overseas student completing the first six months of study in their Principal Course (MQ Course), except in limited circumstances.

Macquarie University has determined circumstances whereby it will enrol an international student seeking to transfer to the University and where it will approve a student to be released from the University prior to the completion of six months of study in their Principal Course.

Following the completion of six months of study in their Principal Course international students are not required to seek release.

3 SCOPE

This policy applies to all international students who hold a student visa, who have been offered admission to a Macquarie University Course and /or courses offered by the Macquarie’s English Language Centre.

This Policy does not apply to international students who:

  • hold a visa other than a student visa and that visa is not subject to the National Code;
  • are transferring from one Course to another within Macquarie University;
  • are in receipt of an Australian Commonwealth Government Scholarship (that is not subject to ESOS Act), and the sponsor supports a transfer;
  • are sponsored by the government of another country and the sponsor issues a letter supporting the transfer;
  • have completed more than six months of their Principal Course with Macquarie University.

4 DEFINITIONS

Australian Qualifications Framework (AQF): the policy for regulated qualifications in the Australian education and training system.

Award or Award Course (Course):  the qualification resulting from the satisfactory completion of a specific program of study or research.

ESOS:  Education Services for Overseas Students Act 2000 (Cwlth).

Package Offer:  an offer to study multiple Courses, which may or may not be wholly provided by the University.

Package Provider: a Registered Provider with whom package offers can be made.

Principal Course: the main course or the final course as part of the package of courses to be undertaken by an overseas student where a student visa has been issued for single course or multiple courses of study.

PRISMS: the Australian government’s Provider Registration and International Student Management System used to record student’s enrolment information.

Program of Study: the combination of units and components that must be satisfactorily completed to qualify for a Macquarie University Award.

Registered Provider:  an education provider that is registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

5 POLICY STATEMENT

STUDENTS SEEKING TRANSFER TO MACQUARIE

The University may enrol an international student transferring from another Registered Provider prior to the completion of six months’ study in their Principal Course if:

(i)         the original Registered Provider has ceased to be registered or the Course in which the student is enrolled has ceased to be registered; or

(ii)        the original Registered Provider has agreed to the student’s release and recorded the decision in PRISMS.; or

(iii)       the original Registered Provider has had a sanction imposed on its registration that prevents the student from continuing in their Course; or,

(iv)       a government sponsor of the student considers the change to be in the student’s best interest and has provided written support for that change.

STUDENTS SEEKING RELEASE FROM MACQUARIE

The University retains the right to grant or refuse a student’s request to transfer to another Registered Provider prior to or within the first six months of study in their Principal Course

Students who have not completed six months of study in their Principal Course with Macquarie University may apply for a release to transfer to another Registered Provider in the circumstances outlined in (i), (iii) and (iv) above are applicable to Macquarie University; or when the University assesses that it is in the student’s best interests to grant the release.

Circumstances when a transfer may be assessed as being in the best interests of the student may include:

  • the student can demonstrate exceptional personal circumstances which have not been successfully resolved after they have accessed the University’s support services.
  • the student has been determined as not meeting satisfactory Course progress at the level they are studying and will be reported in PRISMS for unsatisfactory Course progress, with evidence that the student has fully engaged with the University’s intervention strategy.
  • the student requests a transfer to a Course at an AQF level considered higher than the level of their current Course in a discipline area not available at the University, evidenced with a valid offer of admission from another Registered Provider.
  • the University fails to deliver the Course(s) as outlined in the letter of offer.
  • the student can provide evidence that his or her reasonable expectations about their current Course are not being met due to misleading information provided by the University or its representatives.
  • an appeal (internal or external) on another matter results in a decision or recommendation to release the student.

Conditions under which release will not be granted

The University will not approve a release request in the following circumstances, the:

  • student has outstanding debts or fines; or
  • student has changed their mind about the Course they wish to study; or
  • transfer request is to study a Course at an AQF level that is considered lower than their current level; or
  • student has not exhausted access to the University’s support services for assistance with study or personal issues; or
  • student has been determined as not meeting satisfactory Course progress due to not having fully engaged with the University’ intervention strategy, including but not limited to where the student:
    • does not attend the scheduled academic counselling session
    • has low attendance at academic support workshops or additional tutoring
    • does not accept the study plan that is tailored to meet the student’s best interests and study needs including an extension of English Language Tuition requiring a change or repetition of level and /or a revised pathway of study. or
  • student has already accepted and paid for a Course at another Registered Provider; or
  • student cites work commitments or demands of employment; or
  • student is under 18 and there is no written evidence that the student’s parent or legal guardian supports the transfer; or
  • student is under 18 and does not have suitable approved arrangements for accommodation, support and general welfare; or,
  • University believes that the student is attempting to avoid being reported to the Department of Home Affairs or disciplinary reasons or unsatisfactory attendance; or
  • University does not agree that the transfer is in the best interests of the student; or
  • government sponsor of the student does not approve the request.

Circumstances in which approval of release is not required

Approval of release is not required if, the student:

  • has been studying in their Principal Course for more than six months; or
  • does not meet the conditions of their letter of offer and therefore cannot commence their Course at the University and a suitable alternative Course at the University is not available; or
  • wishes to discontinue studying at the University and intends to return to their home country; or
  • is holding any other kind of temporary residence visa, that is not subject to the National Code; or
  • is an Australian Government Sponsored student (not subject to the ESOS Act) and the sponsor supports the transfer.

REFUND OF TUITION FEES

The provisions of the University’s International Fee Refund Policy will apply when a student’s request for release is granted.

APPEALS

Once the complete application and all the relevant documentation are received, the University will assess the request for release in accordance with this policy and notify the student of the outcome within 10 working days.

A student who has been given the letter of Intention to Refuse Transfer may appeal the decision within 20 working days

All appeals must be made in writing and be addressed to the Pro Vice-Chancellor (International) or their nominee.

All appeals will be considered within 10 working days after submission, and completed in a reasonable timeframe which takes into account the student’s future enrolments and the length of their student visa.

Following a determination from the Pro Vice-Chancellor (International) students who have been denied release may access the University’s Student Ombudsman.

Following the outcome of an internal appeal, students have the ability to lodge an external appeal with the New South Wales Ombudsman.

In accordance with the provisions of the National Code, a student’s enrolment will be maintained, and the University’s final decision will be reported in PRISMS following the appeal period.

COMPLIANCE AND BREACHES

The University may commence applicable disciplinary procedures if a person to whom this Policy applies breaches this Policy (or any of its related procedures).

6 RELEVANT LEGISLATION

National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (2018)
Education Services for Overseas Students Act 2000 (ESOS Act)

7 KEY RELATED DOCUMENTS

Transfer and Release for International Students Procedure (see tab above)
International Student Withdrawal and Release Request Form
International Fee Refund Policy

8 POLICY INFORMATION

8.1

Contact Officer

International Compliance Manager

8.2

Implementation Officer

International Compliance Manager

8.3

Approval Authority

Vice-Chancellor

8.4

Date Approved

22 December 2017

8.5

Date of Commencement

1 January 2018

8.6

Date for Review

January 2021

8.7

Documents Superseded by this Policy

Transfer and Release Policy for International Students approved 6 March 2014

Any Transfer and Release processes specified in the University Handbooks (both published and online)

8.8

Amendment History

16 January 2018 – reference to Department of Immigration and Border Protection (DIBP) updated to Department of Home Affairs.

PROCEDURE

1 PURPOSE

To set out the steps and responsibilities required to manage transfer and release requests from international students in accordance with the Transfer and Release for International Students Policy.

2 SCOPE

This procedure applies to all international students who hold a student visa, who have been offered admission to a Macquarie University Course and /or courses offered by the Macquarie’s English Language Centre.

This Procedure does not apply to international students who:

  • hold a visa other than a student visa and that visa is not subject to the National Code;
  • are transferring from one Course to another within Macquarie University;
  • are in receipt of an Australian Commonwealth Government Scholarship (that is not subject to ESOS Act), and the sponsor supports a transfer;
  • are sponsored by the government of another country and the sponsor issues a letter supporting the transfer;
  • have completed more than six months of their Principal Course with Macquarie University.

3 DEFINITIONS

Commonly defined terms are located in the University Glossary. Definitions specific to this Procedure are contained in the accompanying Policy.

4 RESPONSIBILITIES AND REQUIRED ACTIONS

This procedure requires actions by the following:

  • International Students
  • MI Admissions Officer / HDRO Admissions Officer
  • MI Admissions Manager / HDRO Manager Operations
  • MI Compliance Manager
  • Pro Vice-Chancellor (International)
  • Executive Director Research Training and International Research Training Partnerships

INTERNATIONAL STUDENTS

SUBMIT REQUEST

Complete request for Transfer and Release Application Form and submit it to the relevant office.

  • For Coursework Students:  Submit completed form to Macquarie International
  • For HDR Students:  Submit completed form to HDRO

Receive response and take the necessary action.

MI ADMISSIONS OFFICER / HDRO ADMISSIONS OFFICER

COMPILE DOCUMENTATION

Receive Transfer and Release Request Form from student, compile information on student case.

Send all documents to relevant MI Admissions Manager for consideration.

RESPOND TO REQUEST

Receive release decision from MI Admissions Manager and send outcome to student.

RECORD TRANSFER RECORD

Record all transfer request outcomes in PRISMS once student has had the opportunity to access the internal appeal process.

MI ADMISSIONS MANAGER /HDRO MANAGER OPERATIONS

CONSIDER REQUEST

Receive Transfer and Release Request Form, and supporting information.

Consider all relevant information against Policy.

Advise release decision to relevant Admissions Officer to respond to student.

INTERNATIONAL STUDENTS

APPEAL DECISION

Access the relevant appeal process if the Request is refused.

  • For Coursework Students:  Pro Vice-Chancellor (International)
  • For HDR Students:   Executive Director,  Research Training and International Research Training Partnerships

MI COMPLIANCE MANAGER

PROCESS APPEAL

Recommend appeal decision to Pro Vice-Chancellor (International) for determination.

EXECUTIVE DIRECTOR, RESEARCH TRAINING AND INTERNATIONAL RESEARCH TRAINING PARTNERSHIPS

DETERMINE APPEAL FOR HDR STUDENTS

Consider appeals from HDR students whose Request to Transfer and Release was refused.

Return appeal determination to relevant Admissions Officer within the specified timeframe.

PRO VICE-CHACELLOR (INTERNATIONAL)

DETERMINE APPEAL FOR COURSEWORK STUDENTS

Consider appeals from students whose Request to Transfer and Release was refused.

Return appeal outcome to MI Compliance Manager within the specified timeframe.

5 RELEVANT LEGISLATION

National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (2018)

Education Services for Overseas Students Act 2000 (ESOS Act)

6 KEY RELATED DOCUMENTS

Transfer and Release for International Students Policy (see tab above)

International Student Withdrawal and Release Request Form

7 NOTES

7.1

Contact Officer

International Compliance Manager

7.2

Implementation Officer

International Compliance Manager

7.3

Approval Authority

Vice-Chancellor

7.4

Date Approved

22 December 2017

7.5

Date of Commencement

1 January 2018

7.6

Date for Review

January 2018

7.7

Documents Superseded by this Procedure

Transfer and Release for International Students Procedure approved 6 March 2014

7.8

Amendment History

Nil

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