Student Application to Defer or Temporarily Suspend Studies

1) Purpose

In accordance with Standard 13 of the National Code 2007, registered providers must inform potential students prior to their enrolment of the grounds on which their enrolment may be deferred or suspended.

2) Scope

This policy applies to students enrolled within all vocational education and training programmes offered by Study Group Australia Pty Limited (SGA), trading as Martin College (the College).

It does not address provider-instigated suspension or cancellation of a student due to misbehaviour; that is addressed under separate policies.

3) Terminology

Within this document, the following meanings apply:

• Defer - postpone commencement of studies;
• Suspend - to temporarily put commenced studies on hold; 
• Cancel - permanently cancel (terminate) an enrolment;

4) Deferment of Commencement - Policy and Application Procedure

4.1 International Student Visa Holders

Students already granted a student visa may apply for a delay in the commencement of their studies on the grounds of compassionate or compelling circumstances (see Section 6 below). The application needs to be in writing, addressed to the International Admission Centre (offshore applicants) or the Director of Studies – Vocational Education and Training (DOS-VET) of the relevant campus (onshore applicants), and include sufficient supporting evidence to enable assessment of whether the circumstance(s) justify a deferment, based on the potential impact that the delay may have on the applicant’s studies and visa. Applicants will be advised in writing of the outcome of the assessment process.

If the international student is under 18 years of age, and SGA has taken responsibility under the Migrations Regulations for approving the accommodation, support and general welfare arrangements for that student, it must receive written approval from the parent or guardian in advance of the proposed commencement date of the requested special leave period. This must include sufficient information of the arrangements during that special leave to enable the making of an informed decision in relation to the suitability of those arrangements.

Documentary evidence relating to the application and assessment process will be retained on the student’s file.

Before making an application to defer their commencement, international students should refer to the Department of Immigration and Citizenship (DIAC) website (http://www.immi.gov.au/), or telephone the Helpline 131 881, or visit the local DIAC office for advice on how the potential change to their enrolment may impact on their visa.

4.2 Local Students

Students may apply for a delay in the commencement of their studies. The application needs to be in writing, addressed to the DOS-VET of the relevant campus, and include sufficient supporting evidence to enable assessment of whether the circumstance(s) justify a deferment, based on the potential impact that the delay may have on the applicant’s studies. Applicants will be advised in writing of the outcome of the assessment process; documentary evidence will be retained on the student’s file.

5) Temporary Suspension of Studies - Martin College

5.1 Policy

Martin College designates holiday periods for each year. Students do not need to apply for leave for these periods; their course will be automatically suspended for that time. These dates are available from Student Services.

Other than these designated holiday periods, the College will only approve applications for temporary suspension of studies (i.e. special leave) on the grounds of compelling and compassionate circumstances (see Section 6 for examples).

If the international student is under 18 years of age, and Martin College has taken responsibility under the Migrations Regulations for approving the accommodation, support and general welfare arrangements for that student, it must receive written approval from the parent or guardian in advance of the proposed commencement date of the requested special leave period. This must include sufficient information of the arrangements during that special leave to enable the College to make an informed decision in relation to the suitability of those arrangements. The information will be retained on the student’s file.

5.2 Temporary Suspension of Studies Application Procedure

Students may apply for special leave if they have good reason for doing so (i.e. compassionate or compelling circumstances - see Section 6 for examples). To make an application, the student needs to complete an Application for Special Leave, which is available from Student Services. The completed form should be submitted to the Campus DOS-VET at least 10 working days in advance of the proposed commencement date of the requested leave period.

The College may grant or decline any student’s request for special leave, based on the potential impact that the temporary suspending of his/her studies may have on the applicant’s studies or visa (if applicable). Documentary evidence will be retained on the student’s file.

Before making an application for special leave, international students should refer to the Department of Immigration and Citizenship (DIAC) website (http://www.immi.gov.au/), or telephone the Helpline 131 881, or visit the local DIAC office for advice on how the potential change to their enrolment status may impact on their visa.

6) Compassionate and Compelling Circumstances

Compassionate or compelling circumstances are generally those beyond the control of the student and which have an impact upon the student’s course progress or well being. These could include, but are not limited to:

Please note that the above are only some examples of what may be considered compassionate or compelling circumstances. The relevant Campus DOS-VET will use his/her professional judgement to assess each case on its individual merits. He/she will consider documentary evidence provided to support the claim, and will retain copies of these documents in the student’s file.

7) Impact of Special Leave or Deferment

An extended leave of absence or a deferral of more than 6 months, for any reason, will result in cancellation of the international student visa.

DIAC may cancel a visa where, for example, the student has obtained special leave with the understanding of returning to his/her homeland, and the student then does not leave Australia, or where the student leaves Australia, but does not return to his/her studies by the agreed date.

End date not affected
Where the application is approved and the period for which the student’s enrolment is being deferred or suspended will not affect the end date of his/her Confirmation of Enrolment (CoE):

• the Secretary of Department of Education, Employment and Workplace Relations (DEEWR) will be advised via PRISMS of the Special Leave;
• the student’s CoE status will remain as ‘studying’.

End date affected
Where the application is approved and the period for which the student’s enrolment is being deferred or suspended will affect the end date of his/her Confirmation of Enrolment (CoE) and the return date is known:

• the Secretary of Department of Education, Employment and Workplace Relations (DEEWR) will be advised via PRISMS of the Special Leave;
• the original CoE will be cancelled and a CoE with a more appropriate end date will be created.

Where the application is approved and the period for which the student’s enrolment is being deferred or suspended will affect the end date of his/her Confirmation of Enrolment (CoE) and the return date is not known:

• the Secretary of Department of Education, Employment and Workplace Relations (DEEWR) will be advised via PRISMS of the Special Leave;
• the original CoE will be cancelled and creation of a replacement CoE deferred until the intended return date is known.

Documentary evidence will be retained on the student’s file.