Student Transfer Request Assessment Policy and Procedure

1.       Transfer Request Assessment Policy

1.1. Transfer to SGA from Another Provider

In accordance with the requirements of Standard 7 of The National Code 2007, SGA will not enrol any international student visa holder who seeks to transfer from another provider prior to that student having completed at least six months of his/her principal course at that provider, except where:

a)             the original registered provider has ceased to be registered or the course in which the student is enrolled has ceased to be registered;

b)             the original registered provider has provided a written letter of release, agreeing to such a transfer;

c)             the original registered provider has had a sanction imposed on its registration by the Australian Government or state or territory government that prevents the student from continuing in his or her principal course; or

d)             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.

These restrictions also apply to the courses before the principal course in a package of courses. A student must remain with his or her original provider for all of his or her courses before the principal course in a package of courses, unless the exceptions stated above apply.

Students who have studied longer than this six month period within their principal course can apply as normal, and no letters of release need to be sighted or produced.

1.2. Transfer from SGA to Another Provider

SGA’s broad policy is to agree to all transfer requests if:

a)             The student has a valid enrolment offer from the receiving provider;

b)             a student under 18 has written evidence that his/her parents or legal guardian supports the transfer AND, if appropriate, written confirmation that the new provider will accept responsibility for approving a student’s accommodation, support and general welfare arrangements (as per Standard 5 of The National Code);

c)             SGA has had sanctions placed against its registration as a CRICOS Provider by the Australian Government or state or territory government or the registration of the course on CRICOS has been revoked and the student is prevented from continuing his/her principal course.

d)             a government sponsor deems that the transfer is in the best interest of the student and has provided written support for that change;

e)             an appeal (internal or external) on a matter that may reasonably result in the student wishing to seek a transfer, supports the student.

            There are, however, certain mitigating factors that need to be taken into consideration during the Transfer Request Assessment Process. These factors are listed within the Student Transfer Request Assessment Procedure, Section 2.1 below.

1.3   Transfer of An Under-18 Student

If the student is under-18 years of age, there must be written evidence that the student’s parent or legal guardian supports the transfer AND written confirmation that the new provider will accept responsibility for approving a student’s accommodation, support and general welfare arrangements (as per Standard 5 of The National Code) before the application can be considered. The period nominated by the provider must be at least the length of the student's Confirmation of Enrolment (CoE) plus seven days at the end of the CoE, or until the student turns 18.

Provision of these essential documents does not preclude SGA from refusing to release the student if the student’s reason for transfer is not included as allowable grounds under SGA’s transfer request assessment policy.

1.4   Appeals Process

If a request for release is refused, the student will be informed that he/she is unable to transfer from SGA at this time, but is welcome to re-activate the application when the 6 month period has passed.

The transfer request assessment criteria used and the reasons for refusal will be provided to the student in writing within ten working days of the initial application, together with advice that it is possible to lodge an appeal if the student believes there are sufficient grounds.

A student can appeal against a refusal to release or, if SGA does not respond during the timeframe set out in the policy, through SGA’s Complaints and Appeals Process.
  
  

2    Student Transfer Request Assessment Procedure

2.2.    Procedure for Assessing Students Wishing to Transfer from SGA

a)             The student writes (e-mail is satisfactory) to Student Services to advise of his/her wish to transfer to another provider.

b)             The student is asked to provide:

·         A valid offer of enrolment from the new institution; and

·         if the student is under 18, written confirmation from his/her legal guardian or parent that clearly states support of the transfer is mandatory.

Where the student is not being cared for in Australia by a parent or suitable nominated relative, the receiving registered provider must provide written acceptance of the responsibility for approving the student’s accommodation, support and general welfare arrangements (as per Standard 5 of The National Code).

c.             With these documents sighted, the Student Services Manager will assess the transfer request, considering the following questions:

·         Will the transfer jeopardise the student’s progression through a package of courses?

·         Has the student provided evidence that he or she was misled by SGA or an education or migration agent regarding SGA or its course, which constitutes a breach of the ESOS Act?

·         Does the course to which the student wishes to transfer better meet the study capabilities of the student?

·         Does the course to which the student wishes to transfer better meet the long term goals of the student, whether these relate to future work, education or personal aspirations?

·         Does the student wish to change course in order to get access to greater support (may be through the services offered by another provider, commercial or non-for-profit services or through access to family, friends or a cultural support network)?

·         Does the student claim and/or can he/she provide evidence that his/her reasonable expectations about the current course are not being met?

·         Is the student simply trying to avoid being reported to DEEWR for lack of course progress or poor attendance?

·         Is it within six weeks of the student arriving in Australia? (Issues such as homesickness may take some time to overcome and transferring to another provider is unlikely to solve this problem. SGA may consider that the student needs some time to settle into the course and the Australian education system, and for the student to use and benefit from its Student Support Services.)

·         Does the student have any outstanding fees payable? (If so, these must be paid before a Letter of Release can be provided.)

2.2   Approved Transfer

If the answers to the above are satisfactory and in accordance with policy, the Letter of Release will be granted at no cost to the student.

The student will be provided with written notification of the outcome of his or her application for transfer between registered providers within ten working days of the application being received by SGA. This notification will advise the student of the need to contact the Department of Immigration and Citizenship (DIAC) to ascertain whether a new visa will be required.

The Student Services Manager will report the student’s termination of studies to DIAC.

The approval of transfer of a student to another institution does not indicate the agreement to provide any refund. Refunds are governed by the Cancellation and Refund Policy, independent of this policy.

2.3   Non-approved Transfer

The Student Services Manager will make a recommendation to the Campus Director if he/she believes the request should be refused. This will include the reasons for refusal, and supportive evidence to enable an informed decision to be made by the Campus Director.

The Campus Director will then make a decision as to whether or not to provide a letter of release for the student. Where this entails the making of judgments about the student's best interests or the nominated course or provider, the Campus Director will ensure the reasons are adequately supported by the evidence gathered and documented.

If the request for release is refused, the student will be informed that he/she is unable to transfer from SGA at this time, but is welcome to re-activate the application when the 6 month period has passed.

The criteria used and the reasons for refusal are to be provided to the student in writing within ten working days of the initial application, together with advice that it is possible to lodge an appeal if the student believes there are sufficient grounds.

A student can appeal against a refusal to release or, if SGA does not respond during the timeframe set out in the policy, through its Complaints and Appeal Process.