Deportation Bill

Labour continues to move forward with its deportation bill.

A Senate inquiry on Monday that 4,463 people on bridging visa E could be subject to threats of a minimum of one year in prison if they refuse to cooperate, significantly more than the fewer than 1,000 people that were initially said to be affected.

The bill creates an offence with a mandatory minimum sentence of one year in prison for an unlawful non-citizen refusing to cooperate with their deportation and gives the immigration minister powers to blacklist new visa applications from countries that refuse involuntary deportations.

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New English language thresholds for student visas

The changes to the student visa program came into effect on 23 March 2024.

A test score (IELTS) overall band score of 5.0 if the applicant’s principal course is accompanied by at least 20 weeks of an ELICOS is now required. It increases 5.5 if the applicant’s principal course is accompanied by at least 10 weeks of an ELICOS; or if they are enrolled in a standard or extended foundation program. For all others, the minimum test score is an IELTS overall band score of 6.0, unless otherwise exempt.

There are equivalent scores for the other approved English language testing systems.

Exemptions are available for applicants who:

• are citizens and passport holders of Canada, New Zealand, the Republic of Ireland, the United Kingdom, and the United States of America,
• are enrolled only in either a course not delivered in English, an ELICOS, a registered school course, or a registered post-graduate research course,
• are either a Foreign Affairs student, a Defence student, or a secondary exchange student,
• completed in the last 2 years before lodging their application, a senior secondary certificate of education conducted in Australia and in English,
• completed in the last 2 years before lodging their application a substantial component of a course leading to at least an Australian Qualifications Framework Certificate IV or higher qualification that was conducted in Australia and in English and while the applicant was holding a student visa,
• has successfully completed a minimum of 5 years of study in English in one or more of Australia, Canada, New Zealand, South Africa, the Republic of Ireland, the United Kingdom, or the United States of America.

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