Section 147 — Student visa applications
Text of provision
(1) If:
(a) an unlawful non-citizen is to be, or is likely to be, removed or deported; and
(b) the Minister considers that the non-citizen should remain in Australia temporarily for the purposes of:
(i) the Extradition Act 1988; or
(ia) the International War Crimes Tribunals Act 1995; or
(ib) the International Criminal Court Act 2002; or
(ii) the Mutual Assistance in Criminal Matters Act 1987; or
(iii) the administration of criminal justice in relation to an offence against a law of the Commonwealth; and
(c) the Minister considers that satisfactory arrangements have been made to make sure that the person or organisation who wants the non-citizen for the relevant purposes or the non-citizen or both will meet the cost of keeping the non-citizen in Australia; the Minister may give a certificate that the stay of the non-citizen’s removal or deportation is required for the administration of criminal justice.
(2) For the purposes of paragraph (1)(c), the cost of keeping the non-citizen in Australia does not include the cost of immigration detention (if any).
Plain English
Section 147 provides that a non-citizen may apply for a student visa to undertake a registered course of education or training in Australia. The application must identify the principal course of study and the registered provider. The regulations may impose additional requirements, including evidence of English proficiency, financial capacity, health, and genuine temporary entrant (GTE) criteria.
Practical effect
The Genuine Temporary Entrant (GTE) criterion — assessed under the regulations rather than s 147 directly — is the most contested aspect of student visa applications. The Department assesses whether the applicant intends to undertake the course as a genuine student and whether they intend to remain temporarily in Australia. GTE refusals are common for applicants from countries with high student visa non-compliance rates. The ART has jurisdiction to review GTE refusals. Strong GTE evidence includes enrollment in a course aligned with the applicant's career goals and evidence of circumstances at home that make return likely.