Visa rules: Australian universities threaten minister

According to the report,a Brisbane-based private provider Kelly Colleges has sought an injunction to stop the changes while Technical and Further Education TAFE Directors Australia was also seeking legal advice.

Kelly director Natasha Mayrseidl said the changes were 8220;unfair8221; and would benefit large private provider Navitas at the expense of smaller providers.

Immigration Department had transferred higher education diplomas and advanced diplomas into the subclass 573 higher education visa that offers applicants easier requirements to secure visas.

It left vocational education and training diplomas and advanced diplomas in the 572 VET subclass that generally has stricter hurdles around financial requirements.

In announcing its decision,the government said the changes had been supported by peak bodies and specifically mentioned the support of Navitas which,along with Universities Australia,has welcomed the changes.

Australian Council of Private Education and Training ACPET of which Navitas is the largest member has dubbed the changes as 8220;reckless8221; and warned against further job losses and college closures.

Navitas,whose business is weighted to higher education,has condemned ACPET8217;s response and warned that it is now revising its membership.

A spokesman for immigration said the changes had the 8220;overwhelming8221; support of the peak bodies consulted.

8220;I am furious that the Australian government would so recklessly and contemptuously misrepresent consultations with the international education sector to justify these changes,8221; ACPET8217;s acting chief executive Claire Field said in a statement.

Navitas chief executive Rod Jones said Field8217;s response was 8220;inappropriate8221; and the changes simply restored the previous treatment of higher education diplomas.

Field said that while opinions will vary among ACPETs members,8221;our principal concern remains that the government consultation on which the change was reportedly based did not take into account the expressed concerns of a large part of the sector,or the damaging unintended consequences8221;.

Kelly Colleges has about 300 students studying English and business diplomas.

Mayrseidl said Kelly8217;s diplomas,just like higher education diplomas,are worth up to one year8217;s credit towards a university degree and that it has articulation agreements with five universities.

8220;If the outcomes are exactly the same why should it be different for vocational colleges?8221; She has sent a 8220;letter of demand8221; to Bowen and will seek an injunction alleging unconscionable conduct.

A spokeswoman for Bowen declined to comment on any legal matters,but said the changes were needed to align migration rules with the Australian Qualifications Framework and registration framework.

8220;Being out of alignment8230;means that migration legislation does not provide each education sector with the recognition it requires for each of its course types,and has the potential to disadvantage certain groups of students,as was the case with those studying higher education diplomas and advanced diplomas,8221; she said.

TDA chief Martin Riordan said it was 8220;nonsense8221; to make such a distinction. TAFEs were already 8220;suffering8230; damage from the past actions of a small number of private colleges and the failure of the state and federal regulators to ensure they met the terms of their registration8221;.