Turner Coulson Immigration Lawyers - Australian Immigration Articles
Letters of Release - A Student's Rights
If a student wishes to change their course of study within 6 months of commencing their study, they must obtain a letter of release from their current education provider before they can enrol at their new or preferred education provider.
If a student wishes to change their course of study within 6 months of commencing their study, they must obtain a letter of release from their current education provider before they can enrol at their new or preferred education provider.
The law relating to obtaining a letter of release from your education provider, college, school or education agent, particularly the Education Services for Overseas Students 2000 (ESOS) Act and the National Code 2007, is one of the most misunderstood and misrepresented areas of relevance to international students.
To add to the confusion, the majority of policies put in place by education providers to deal with the circumstances when a student is entitled to a letter of release are themselves unlawful, unclear and contradictory.
Examples of this are where a policy states a student simply cannot be released within the first 6 months of study, a student can only be released if it would be to their detriment to remain with the current provider or setting out various circumstances or criteria that a student must satisfy before they can be released. All of these offend the intention of the law set down by the ESOS Act and the National Code 2007 and promote the myths circulating amongst students about letters of release. The fact is that the National Code 2007 was created to protect and assist students, not to lock them into courses and programmes they no longer wish to participate in.
The National Code 2007 makes it clear that international students are ‘consumers’ and as consumers have a right to choose. If a student chooses to change providers, they can. We have acted in numerous cases for students against colleges and universities where the student was seeking release to change providers. In all of these matters, our analysis of the law and policy on obtaining a letter of release has proven correct. In each case, and on the strength of our representations, the education provider has provided the requested letter of release and the student has been able to move on take the new direction they desired in their studies.
What is correct is that to change providers within the first 6 months of study, you need a letter of release. Your right to a letter of release is provided for under the law as discussed above. If you have been refused a letter of release or need help in applying for one, then contact Stewart Coulson or Ray Turner at Turner Coulson Immigration Lawyers to discuss your rights in this regard and get released to move on with your educational future.
For more information about Living and Studying in Australia and after study options go to www.studyaustraliawide.com.au. Accredited Education Agents Sydney.