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Michael J. Tyler
- February 11, 2025
In a recent case at Adelaide Airport, an international student had his visa cancelled after authorities discovered he had been working up to 60 hours per week, far exceeding the legally permitted 48 hours per fortnight for student visa holders. This incident highlights the serious consequences of failing to adhere to visa conditions in Australia.
Understanding Student Visa Work Conditions
Student visa holders in Australia are subject to strict work limitations to ensure their primary focus remains on their studies. As of 1 July 2023, students are permitted to work a maximum of 48 hours per fortnight while their course is in session. A fortnight is defined as a 14-day period starting on a Monday and ending on a Sunday. It is the responsibility of the visa holder to track their work hours to ensure compliance.
Legal Consequences of Non-Compliance
Failure to abide by visa conditions can result in severe legal consequences, including visa cancellation under section 116(1)(b) of the Migration Act 1958 (Cth). This section grants the Minister for Home Affairs the authority to cancel a visa if its holder has not complied with a condition imposed upon it. In this case, working excessive hours constituted a breach of visa conditions, leading to the immediate cancellation of the student’s visa and removal from the country.
Visa cancellation can have long-term repercussions, including difficulties in obtaining future visas to Australia or other countries. Individuals who have their visas cancelled may also face re-entry bans, preventing them from returning for a specified period.
Employer Responsibilities and Student Protections
While the responsibility for compliance rests with the visa holder, employers also have obligations under Australian law. They must ensure that their employees hold valid visas with appropriate work rights. Employers found to be complicit in breaches of visa conditions may face penalties, including fines or restrictions on employing visa holders in the future.
To support international students, the Australian government has implemented mechanisms that allow them to seek assistance without automatically facing visa cancellation. These protections aim to prevent exploitation while ensuring that visa holders remain compliant with Australian law.
Conclusion
Adhering to visa conditions is essential for international students in Australia. Breaching these conditions, particularly in relation to work restrictions, can result in visa cancellation and deportation under the Migration Act 1958 (Cth). To avoid such consequences, students must remain informed about their obligations and seek support when necessary.
Michael J. Tyler
