Immigration (Education) Act 1971

This section applies to a person who would (apart from this section) be eligible, if:

he or she has ever held a permanent visa; or

he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).

However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.

The person stops being eligible:

if he or she fails to register with the provider of an approved English course within:

if he or she was aged under 18 years on his or her visa commencement day—the period of 12 months starting on that day; or

if he or she was aged 18 years or over on his or her visa commencement day—the period of 6 months starting on that day; or

if he or she fails to start an approved English course within the period of 12 months starting on his or her visa commencement day.

The person may apply to the Secretary for an extension of a period mentioned in subsection (2) (the subsection (2) period).

An application under subsection (3) for an extension of a subsection (2) period:

must be made in the manner, and within the period, prescribed by the regulations; and

subject to paragraph (a), may be made before or after the end of the subsection (2) period.

On an application under this section, if the Secretary is satisfied that it was, or would be, unreasonable for the applicant to stop being eligible under subsection (2), the Secretary may extend the subsection (2) period by a specified period.

In making a decision under subsection (5), the Secretary:

must have regard to the matters prescribed by the regulations; and

must not have regard to any other matter.