Kicked Out of Uni in Australia? A Guide to Your Student Visa and CoE

Key Takeaways

• Exclusion is Not Instant Visa Cancellation: Being excluded or withdrawn from your course does not automatically cancel your student visa. You enter a critical "limbo" period where you can still take action.

• The CoE is Your Visa's Lifeline: Your Confirmation of Enrolment (CoE) links your visa to your course. When your school cancels your CoE, the Department of Home Affairs is notified, and a formal process begins.

• You Have a Right to Appeal: Before your CoE is cancelled, you usually have a right to an internal appeal with your education provider to challenge their decision. This is your first and best line of defence.

• The 28-Day Rule is Your Final Window: If your appeals fail and your CoE is cancelled, the Department will generally give you 28 days to either leave Australia or lodge a new substantive visa application. Acting fast is essential to remaining lawful.

Receiving a notice of exclusion from your university or college is a devastating experience for any international student. Your academic plans are thrown into chaos, and an immediate, terrifying question arises: "What happens to my student visa? Am I now an illegal resident?"

The good news is that being excluded from your course does not mean your visa is instantly cancelled. You have a critical, but very short, window of opportunity to take action. This guide will explain the common reasons for exclusion, the official process that follows, your right to appeal, and the immediate steps you must take to protect your visa and your future in Australia. For more information on student visas, visit the Department of Home Affairs.

Education providers in Australia must ensure students are complying with their visa conditions. They may exclude you, leading to a CoE cancellation, for several reasons:

• Unsatisfactory Academic Progress: This is the most common reason. It often happens if you fail a core subject twice or fail more than 50% of your subjects in a study period.

• Breaching Attendance Requirements: For some courses, you are required to maintain a minimum of 80% attendance.

• Non-payment of Tuition Fees: Failing to pay your fees by the deadline can lead to your enrolment being cancelled.

• Student Misconduct: Serious breaches of your institution's code of conduct can also result in exclusion.

Learn more about visa conditions at Home Affairs Visa Conditions.

Before your school reports you to the Department of Home Affairs, they must offer you an internal appeals process. This is your most important opportunity to save your enrolment.

You typically have 20 working days to lodge an appeal with your education provider, arguing why their decision to exclude you should be overturned. You may be able to argue that "compassionate or compelling circumstances" (like a serious illness or family emergency) affected your studies.

It is vital that you take this internal appeal seriously and provide strong evidence to support your case. If your internal appeal is successful, your enrolment will be reinstated, and your CoE will not be cancelled. For guidance on appeals, check the Overseas Students Ombudsman.

If your internal appeals fail, or if you don't appeal, the school will proceed to cancel your CoE and report it to the Department of Home Affairs. This triggers a formal immigration process.

• The Department's Notice: The Department will send you a formal notification, often called a "Section 20 Notice," via email or post. This letter will state that your CoE has been cancelled.

• The 28-Day Clock Starts: The notice will give you a specific timeframe (usually 28 days) to either leave Australia or apply for a new substantive visa.

• The "Limbo" Period: During these 28 days, your current student visa is still valid. You are still a lawful resident.

• Visa Cancellation: If you take no action within the 28-day period, the Department will proceed to cancel your student visa. The moment this happens, you become an unlawful non-citizen.

Table: Your Status

If your CoE is cancelled, you must act with extreme urgency.

• Step 1: Understand Your Deadlines: Be aware of two key dates: the deadline for any final external appeal of your school's decision (e.g., with the Overseas Students Ombudsman) and the 28-day deadline from the Department of Home Affairs. Visit Overseas Students Ombudsman for appeal guidance.

• Step 2: Decide Whether to Appeal or Transfer: A key strategic choice.

• Step 3: If Transferring, Secure a New CoE Immediately: Your absolute priority is to apply for and be accepted into a new course at a different institution. The new course must generally be at the same or a higher academic level as your previous one to meet Genuine Student (GS) requirements. Explore courses at Study in Australia.

• Step 4: Lodge a New Student Visa Application (If Necessary): Once you have a new CoE, you must lodge a new student visa application. This application must be submitted before your current visa expires or is cancelled (i.e., within the 28-day period). Lodging a new application will generally grant you a Bridging Visa, allowing you to remain lawful while the new application is processed. Learn more at Student Visa (Subclass 500).

• Step 5: Seek Expert Immigration Advice: This is critical. A specialist Sydney immigration lawyer can provide urgent advice on your options, assess the strength of a new visa application, and help you prepare the necessary documents to address your academic history and meet the Genuine Student criteria.

Being excluded from your course is a serious setback, but it does not have to be the end of your educational journey in Australia. The system provides a clear, albeit strict, process for you to rectify your situation.

The keys to success are understanding your rights to appeal, acting with extreme urgency to secure a new Confirmation of Enrolment (CoE), and seeking professional legal advice to navigate the complex process of lodging a new visa application. The biggest mistake you can make is to do nothing and let your visa be cancelled. For additional support, explore resources at Study in Australia.

AHL Legal: Your Immigration Law Partner

Need help with your student visa or CoE cancellation? AHL Legal specializes in Australian immigration law, offering expert guidance on appeals, visa applications, and Genuine Student criteria.