Section 97 of the ESOS Act
Australia rigorously protects international students through the Education Services for Overseas Students (ESOS) Act. This protects Australia’s reputation in providing quality education. It also supports the integrity of the visa program.
Section 97 of the ESOS Act provides for the Minister to give suspension certificates to education providers to suspend further international recruitment if, in the Minister’s opinion, a significant number of overseas students or intending overseas students are entering or remaining in Australia for purposes not contemplated by their visas.
Commencing from 23 March 2024, a provider’s score has now been specified as a matter for consideration in the
Migration Regulations 1994, that among other factors outlined in section 97 of the ESOS Act, will inform the considerations of the Minister to issue the provider with a suspension certificate.
The Minister may also consider:
- the number of applications for Student visas made by overseas students and intending overseas students that have been refused, because of fraudulent documents or information in the 12 month reporting period
- the number of the provider’s accepted students and former accepted students who breached conditions of their visas in a 12 month period
- the number of accepted students and former accepted students of the registered provider who stay in Australia unlawfully after finishing their courses in a 12 month period, and
- other matters set out in regulations made for the purposes of this paragraph under the Migration Act 1958 and the Migration Regulations 1994.
For more information refer to the
ESOS Act on the Federal Register of Legislation.
Process for issuing written notices
An education provider being considered for a suspension certificate will receive a
Notice of Intention to Consider Suspension. The provider will have at least seven days to respond before the Minister decides whether to give a suspension certificate.
A decision to give a suspension certificate is not merits reviewable through the Administrative Appeals Tribunal. A provider may be able to apply for judicial review of the decision.
Effects of issuing a suspension certificate
If the Immigration Minister gives a suspension certificate to a provider the:
- provider cannot recruit international students for the period that the suspension certificate remains in force
- suspension certificate would have effect for six months unless revoked early by the Minister
- Minister may give further certificates for longer than six months, unless by the end of the period in which the certificate is in effect the provider satisfies the Minister that they should not be given a further certificate.
Breach of a suspension certificate by an individual is an offence under section 101 of the ESOS Act.
