Purpose
The policy describes the requirements for transferring from one provider to another and vice-versa for International Students.
This policy is to ensure that the College does not enrol:
- any transferring international student prior to completion of 6 months of their principal course unless:
- the original provider has ceased to be registered or the course in which the student is enrolled in ceases to be registered.
- the original provider has had a sanction imposed on its registration by the Australian and or State Governments that prevents the student from continuing their principal course.
- 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 student considers the change to the student to be in the student’s best interest and has provided written support for that change.
This policy details the procedures for assessing applications to transfer within this period.
The Intellect’s policies support the intent of Standard 7 and ESOS Regulation Section 10 and consider individual circumstances and will provide a letter of release at no cost to the student. The Intellect will always advise the student of the need to contact DHA to seek advice on whether a new student visa is required.
The Intellect will ensure this policy is available to both staff and students by including it in the Student Handbook.
Policy
Under this policy the Intellect will support the intent of the standard which recognises overseas students as consumers and supports them to exercise choice, while acknowledging that they may also be a group that requires support to transition to study in Australia.
Enrolling a Transferring Student – Conditions and Exceptions
Under this policy the Intellect will not enrol any transferring international student prior to completion of 6 months of their principal course except for conditions listed in Standard 7 of the National Code 2018:
- the original provider has ceased to be registered or the course in which the student is enrolled in ceases to be registered.
- the original provider has had a sanction imposed on its registration by the Australian and or State Governments that prevents the student from continuing their principal course.
- 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 student considers the change to the student to be in the student’s best interest and has provided written support for that change.
Further, the Intellect will not enrol an overseas student who has already been enrolled in the same course unless:
- the student has not completed the relevant course and the registered provider provider has agreed to the overseas student’s release and recorded the date of effect and reason for release in PRISMS
Six Months – It’s Meaning
The first 6 months in a principal course will be calculated from the date the student starts the course; and
If a student has had a break in between his/her course, the period of break is not counted in the calculation of 6 months.
Procedure for Assessing Application for Transferring away from Intellect
Intellect will follow the below mentioned procedure to consider application for transfer requests prior to the overseas student completing six months of their principal course:
- Student makes a written request to the College for transfer to another provider.
- The student must provide a valid enrolment offer from another registered provider.
- With these documents sighted, the College will assess the transfer request considering the following questions:
- the overseas student will be reported because they are unable to achieve satisfactory course progress at the level they are studying, even after engaging with Intellect’s intervention strategy to assist the overseas student in accordance with Standard 8 (Overseas student visa requirements)
- there is evidence of compassionate or compelling circumstances
- Intellect fails to deliver the course as outlined in the written agreement
- there is evidence that the overseas student’s reasonable expectations about their current course are not being met
- there is evidence that the overseas student was misled by Intellect or an education or migration agent regarding Intellect or its course and the course is therefore unsuitable to their needs and/or study objectives
- an appeal (internal or external) on another matter results in a decision or recommendation to release the overseas student.
- If the answers to the above are satisfactory and in accordance with policy, the release will be granted at no charge to the student. The student will also be advised of the need to contact DHA to seek advice on whether a new student visa is required.
- The College will report student’s release and record the date of effect and reason for release in PRISMS.
- If any of the answers are unclear, they should be referred to the PEO, who will interview the student to gain a full understanding of the circumstances.
- The PEO will then decide on the outcome of the interview, consequently either rejecting the application for transfer or approving it.
- The College will inform the student in writing of a negative outcome with reasons and student’s right to access the Intellect’s complaints and appeals process, in accordance with Standard 10 (Complaints and appeals), within 20 working days.
- The above assessment procedure should not take more than 7 working days once the student has provided all the necessary documentation;
- Intellect will not finalise the student’s refusal status in PRISMS until the appeal finds in favour of the registered provider, or the overseas student has chosen not to access the complaints and appeals processes within the 20 working day period, or the overseas student withdraws from the process.
Grounds for Refusal
Intellect will refuse the request of a release if following exists:
- Transfer is detrimental (refer below) to the student;
- The student is under the restricted period;
- Transfer is being requested to avoid payment of fee; and
- Transfer is requested to avoid being reported to DHA on account of low attendance and unsatisfactory course progress before engaging with Intellect’s intervention strategy to assist the overseas student in accordance with Standard 8.
Factors that may be considered to the student’s detriment, but which should be considered in light of the student’s individual circumstances and a broader range of factors, such as those outlined above, include:
- if the transfer may jeopardise the student’s progression through a package of courses
- If the student has recently started studying the course and the full range of support services are yet to be provided or offered to the student and;
if the student is trying to avoid being reported to DHA for failure to meet the provider’s attendance or course progress requirements.
When a request for release is refused, the student will be provided with written response stating the reason for the refusal.
The student will be given advice in writing that it is possible to appeal the decision if the student so chooses.
Compelling and Compassionate Circumstances which Intellect will consider are:
Those beyond the control of the student and they have an impact on the student’s capacity and/or ability to progress through a course. These could include:
- Serious illness or injury, where a medical certificate states that the student was 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 their emergency travel and this has impacted on their studies
- A traumatic experience which could include but is not limited to:
- Involvement in or witnessing of an accident or
- A crime committed against the student or
- The student has been a witness to a crime
- And this has impacted on the student (these cases should be supported by police or psychologists’ reports).
Refund of Fees
If a student transfers to another provider, any refunds of course fees paid to Intellect will be in accordance with the Intellect’s refund policy.[/vc_column_text][/vc_column][/vc_row]