Students Confused Over Visa Conditions

by Lucy Jarvis

May 16, 2007

The Department of Immigration has moved to clarify students’ rights to rally, after questions were raised about conditions on overseas student visas.

At a recent student rally in Perth, Eric Yenz Pang, from the National Liaison Committee for International Students in Australia, told eMU News most international students were prohibited from attending rallies.

Condition 8303 states that the holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

However the Department of Immigration and Citizenship (DIAC) says the students may be mistaken.

A client services representative today told eMU News that individual judgements should be used as to what constitutes good behaviour.

“Depending on the nature of the rally, it’s up to the student to decide if they will be in breach of the condition,” the representative said.

When asked by eMU News how many students had the discretionary conditions on their visa, she was not able to say.

“Each application is assessed on its own merit, and the applicant has to comply with the condition. They are not told why they have been given it.”

DIAC client services officer in Perth, Ms Karen Enright, says the condition is used selectively for visa applicants who are considered a higher risk.

“We don’t want to stop them coming here to study, but we want them to behave while they study,” she said today.

While eMU News did not find any students at Murdoch University who had condition 8303 on their visas, many seemed to be of the belief that they were under obligations not to attend rallies or protest.

Murdoch University student Julie Gikonyo, from Kenya, remembers being given advice about good behaviour before she left for Australia.

“I remember something about good behaviour – [something like] if your behaviour is deemed inappropriate then your visa will be cancelled immediately and you will be deported,” she said.

Senior Law Lecturer at Murdoch University Mary Anne Kenny, said 8308 was a discretionary condition that DIAC places on a visa after consultation with the Department of Foreign Affairs and Trade.

“I wouldn’t think that a rally would involve anything that’s disruptive,” Ms Kenny said.