Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p10
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 10/20)
Character Range: 42142–45460

with that registered provider's intervention strategy to assist the overseas student in accordance with Standard 8 (Overseas student visa requirements)
                7.2.2.2 there is evidence of compassionate or compelling circumstances
                7.2.2.3 the registered provider fails to deliver the course as outlined in the written agreement
                7.2.2.4 there is evidence that the overseas student's reasonable expectations about their current course are not being met
                7.2.2.5 there is evidence that the overseas student was misled by the registered provider or an education or migration agent regarding the registered provider or its course and the course is therefore unsuitable to their needs and/or study objectives
                7.2.2.6 an appeal (internal or external) on another matter results in a decision or recommendation to release the overseas student.
          7.2.3         the circumstances which the registered provider considers as reasonable grounds to refuse the transfer
          7.2.4         a reasonable timeframe for assessing and replying to the overseas student's transfer request having regard to the restriction period.

     7.3               If the overseas student is under 18 years of age:
          7.3.1         the registered provider must have written confirmation the overseas student's parent or legal guardian supports the transfer
          7.3.2         where the overseas student is not being cared for in Australia by a parent or suitable nominated relative, the receiving provider must confirm it accepts responsibility for approving the student's accommodation, support and general welfare arrangements in accordance with Standard 5 (Younger overseas students).

     7.4               If a release is granted, it must be at no cost to the overseas student and the releasing registered provider must advise the overseas student to contact Immigration to seek advice on whether a new student visa is required.

     7.5               If the registered provider intends to refuse the transfer request, they must inform the overseas student in writing of:
          7.5.1         the reasons for the refusal
          7.5.2         the overseas student's right to access the provider's complaints and appeals process, in accordance with Standard 10 (Complaints and appeals), within 20 working days.

     7.6               The registered provider must not finalise the student's refusal status in PRISMS until the appeal finds in favour of the registered provider, or the overseas student has chosen not to access the complaints and appeals processes within the 20 working day period, or the overseas student withdraws from the process.

     7.7               The registered provider must maintain records of all requests from overseas students for a release and the assessment of, and decision regarding, the request for two years after the overseas student ceases to be an accepted student.

 Standard 8

 Overseas student visa requirements

Monitoring overseas student progress, attendance and course duration

     8.1               The registered provider must monitor overseas students' course progress and, where applicable, attendance for each course in which the overseas student is enrolled.

     8.2               The