International Student Transfer and Release Policy

Latest Amendment /Approval Date September 2021

1. Purpose

The purpose of this policy is to address Standard 7 of the revised National Code 2018 which relates to overseas student transfers between registered providers.

2. Definitions

2.1 National Code means National Code of Practice for Providers of Education and Training to Overseas Students 2018, attached to the ESOS Act 2000
2.2 ESOS Act means Education Services for Overseas Student Act 2000 Department of Home Affairs means the commonwealth government portfolio for immigration-related functions.
2.3 International student means a foreign national with a student visa.
2.4 Letter of Release means a letter issued by the College releasing the International Student from their enrolment at Campion College Australia.
2.5 PRISMS means Provider Registration and Student Management System.

3. Scope

This policy applies to all international students wishing to transfer to Campion College from their first registered provider.

4. Principles

4.1 In accordance with the ESOS Act and National Code, Campion College will not enrol students who have not completed six months of their principal course of study at their first registered provider, except where an International Student has obtained a  letter of release from the provider of their principal course, or where any of the following apply:
• the releasing registered provider, or the course in which the overseas student is enrolled, has ceased to be registered
• the releasing 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
• the releasing registered provider has agreed to the overseas student’s release and recorded the date of effect and reason for release in PRISMS
• any government sponsor of the overseas student considers the change to be in the overseas student’s best interests and has provided written support for the change.
4.2 An International Student may transfer to or from Campion before the end of their first six months of study in their principal course by applying for a Letter of Release according to item 5 of this policy.
4.3 An International Student may transfer to or from Campion at any time after the first six months of study in their principal course without meeting the requirements under 4.1 of this policy and without a Letter of Release. The only provision is that the International Student formally withdraws from the principal course and the releasing provider has reported the release in PRISMS.
4.4 Campion is committed to responding to any requests for release in a timely fashion and acting in the students’ best interests.

5. Policy

5.1 Students wishing to transfer to another provider must apply for a letter of release in writing to the Director of Operations, with a copy of their valid enrolment offer from the new registered provider. In addition to a copy of the new provider’s offer letter the following must also be obtained for a student under 18 years of age:
i. Written confirmation that the student’s parent or legal guardian supports the transfer.
ii. Where the student is not being cared for in Australia by a parent or suitable nominated (blood) relative, the valid enrolment offer also confirms that the registered provider will accept that responsibility for approving the student’s accommodation, support and general welfare arrangements as per Standard 5 of the National Code 2018.
5.2 Applications for a letter of release will be considered by the Director of Operations, who will discuss the request with the student. During discussions, the Director of Operations will:
i. discuss the student’s reasons for the request;
ii. advise the student of the provisions of this policy;
iii. confirm with the student the current status of their account with the College.
5.3 A request for a letter of release will be responded to within 14 days of being received by the College.
5.4 A letter of release will be granted in the following circumstances—but is not limited to these circumstances:
i. the International Student will be reported because they are unable to achieve satisfactory course progress at the level they are studying, even after engaging with Campion’s intervention strategies to assist the student in accordance with Standard 8 (Overseas student visa requirements);
ii. there is evidence of compassionate or compelling circumstances. These include, but are not limited to:
• serious illness or injury where a medical certificate states that the overseas student 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 emergency travel and this has impacted on the International Student’s studies;
• A traumatic experience, such as involvement in—or witnessing—a serious accident, or witnessing or being the victim of a serious crime, impacting on the student’s wellbeing;
• Where Campion was unable to offer a pre-requisite unit, or the International Student has failed a pre-requisite unit and therefore faces a shortage of relevant units for which they are eligible to enrol.
iii. the student can demonstrate that Campion has failed to deliver the course as outlined in the written agreement;
iv. the student can demonstrate that their reasonable expectations about their current course are not being met;
v. the student can demonstrate that they were misled by Campion or a migration agent and the course is unsuitable to their needs and/or study objectives;
vi. an appeal (internal or external) on another matter results in a decision or recommendation to release the International Student.
5.5 If a letter of release is granted, there will be no cost to the student and the student will be advised that he/she should contact the Department of Home Affairs to seek advice on whether a new student visa is required.
5.6 Once a transfer request has been approved and a release letter granted, the outcome will be recorded in PRISMS. A hard copy release letter is not required.
5.6 A letter of release will not be granted in the following situations that relate to the students’ best interests and their agreement:
• the request is considered to be detrimental to the student’s safety and well-being;
• the proposed transfer will jeopardize the student’s progression through a package of courses;
• the student is indebted to the College;
• the student has unsatisfactory academic progress and has been or is about to be reported to the Department of Home Affairs.
• Other reasons considered relevant by the Director of Operations.
5.7 If the request for a letter of release is refused, the student will be provided with written reasons for refusing the request and will be advised of his or her right to appeal the decision in accordance with the College’s Non-Academic Grievance Procedures. The student must access the grievance procedures within twenty working days of being notified of the refusal.
5.8 If a letter of release is not granted, the result will not be reported in PRISMS until:
• Any appeal against the refusal lodged by the student is finalised and upholds Campion’s decision not to release the student;
• the student did not access Campion’s Non-Academic Grievance Procedures within twenty working days of being notified of the refusal;
• the student withdraws their appeal against the refusal.
5.9 The College will keep on each student’s file, for a minimum of two years, all requests for a letter of release, the assessment of each request and the decision regarding each request.

6. Roles and Responsibilities

6.1 The Director of Operations is responsible for:
• the implementation of this policy and to ensure that staff and students are aware of its application and that staff implement its requirements.
• Reporting on the implementation of this policy to the Campion Executive Committee;
• Reviewing this policy in accordance with changes to the ESOS Act and the National Code.
6.2 International Students are responsible for acquiring advice from the Department of Home Affairs regarding their visa status.

7. References

7.1 ESOS Act 2000
7.2 National Code 2018
7.3 National Code 2018 Fact Sheet for Standard 7: Overseas Student Transfers