This fact sheet provides information for international students who are enrolled with the Australian Institute of Business and Technology – International Pty Ltd (AIBT-I).
ABN: 23 615 318 815 | RTO: 45169 | CRICOS: 03610E
It brings together advice from a number of Australian Government agencies and other sources. The information is general and students may want to get legal advice.
Key messages for students
The Australian Skills Quality Authority (ASQA) has made the decision to cancel the registration of the Australia Institute of Business and Technology – International (AIBT-I). The decision is due to take effect on 19 June 2019, but this date could be delayed by legal proceedings. AIBT-I has sought a judicial review in the Federal Court of ASQA’s decision and this matter is yet to be determined.
AIBT-I is a related entity to Brighton Pacific Pty Ltd trading as Australia Institute of Business and Technology – (AIBT) ABN: 37 168 731 048 | RTO: 41138 | CRICOS: 03430J (Brighton Pacific). The providers operate under the same trading name and share resources, facilities, staff, and a website. ASQA made a decision in February 2019 to cancel Brighton Pacific’s registration. Brighton Pacific has contested ASQA’s decision and continues, with conditions, to operate while Tribunal proceedings continue.
You should check your student agreement to check which provider your enrolment is with. This fact sheet is for students enrolled with AIBT-I. There is a separate fact sheet for Brighton Pacific students
here.
Under the Tuition Protection Service (TPS) rules, you need to maintain your enrolment to be eligible for support if AIBT-I’s registration is cancelled.
Do not cancel or withdraw from your course. If you leave or cancel your enrolment with AIBT-I now, you will not be covered by the Australian Government’s TPS.
If you change or end your AIBT-I enrolment, you could lose entitlement to the Australian Government’s TPS assistance.
You should keep attending classes, because if you don’t, you may breach your student visa conditions. You should continue to attend any work-based training or clinical placements to make sure you meet your visa conditions.
If you breach your visa conditions, you will not be covered by the Australian Government’s TPS.
If you have already made an internal complaint and appeal with AIBT-I, and you are not satisfied with the outcome, you are welcome to make a complaint with the Overseas Student Ombudsman (OSO). The OSO will consider your complaint based on your individual circumstances. You can contact the OSO at
www.ombudsman.gov.au/making-a-complaint.
Why should I keep going to classes?
AIBT-I is currently legally allowed to teach classes.
You should keep attending classes because if you don’t, you may breach your student visa conditions.
If you are studying a Diploma of Nursing or any other course that requires work based training/clinical placement, you should continue to attend any work based training/clinical placements organised by AIBT-I.
What happens if Brighton Pacific AIBT-I stops operating?
The Australian Government’s primary concern is to help international students.
If AIBT-I closes, it is AIBT-I’s responsibility to find you a suitable alternative course, or pay you a refund of your unspent tuition fees.
If AIBT-I doesn’t do this in a reasonable time, the Government’s TPS will help you to find an alternative course. If you cannot be placed in an alternative course, you will receive a refund of any unspent tuition fees.
AIBT-I has suggested I transfer to a different course with AIBT-I. What should I do?
You should remain enrolled with the course you are currently studying to ensure you remain eligible for the Australian Government’s TPS assistance.
What are ‘unspent tuition fees’?
Unspent tuition fees are monies paid by a student to the provider in advance of having received the tuition/teaching: e.g. if a student pays $1000 for a 10 week course and only receives 7 weeks of tuition, they would be entitled to a refund of $300.
AIBT-I has asked me to pay more tuition fees. What should I do?
You are obliged to pay fees as set out in the written agreement between you and AIBT-I. Your provider cannot require you to pay fees for a course before the due date specified in the written agreement. You should carefully review your written agreement to determine when the fees for your course are due for payment.
If you are unsure about your obligations under the written agreement, you may wish to seek legal advice.
If you are concerned that your provider is requiring you to pay fees before the due date specified in the written agreement, you should report this information to ASQA.
What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)?
Accreditation of nursing and midwifery education programs is undertaken in the interest of public safety. ANMAC is responsible for determining whether programs of study for nurses and midwives seeking to practice in Australia meet the required accreditation standards. All education programs leading to eligibility to apply for registration as a nurse or midwife are subject to a national accreditation process.
How do I know if a nursing or midwifery program is accredited in Australia?
You can find out by visiting the
approved programs of study list on the Nursing and Midwifery Board of Australia (NMBA) website. If the program you want to enrol in is not on this list, it has not been accredited by ANMAC or approved by the NMBA and may not lead to registration as a nurse or midwife in Australia.
Questions about visa impacts
If my visa is due to expire, what do I need to do?
Despite the possible closure, to remain lawfully in Australia you must hold a valid visa.
If your visa is due to expire between now and the date that the ASQA cancellation of AIBT-I comes into effect you should lodge a Student visa application. To make a valid Student visa application, you will need a Confirmation of Enrolment (CoE) or letter of offer from your education provider. Upon lodging a valid Student visa application you will be granted a Bridging visa which will keep you lawful until a decision is made on your new Student visa application. The Bridging visa will come into effect when your current, substantive, Student visa expires.
If AIBT-I is cancelled after you lodged your Student visa application and before a decision is made, you will need to provide a new CoE with a different provider for your visa to be granted.
If your visa expires after AIBT-I has defaulted, you can lodge a valid visa application with a letter of offer from a new provider. However, you will need to obtain a CoE from the provider in order for your visa to be granted.
If AIBT-I stops operating how long do I have to make alternative arrangements?
Usually, you have 28 days to enrol with another education provider. However, if Brighton Pacific stops teaching your course, you will have up to the three months to finalise a new enrolment.
If it takes longer than three months to finalise your enrolment, the Department of Home Affairs may further extend its special arrangements on a case-by-case basis.
Will I have to pay for a new visa?
If Brighton Pacific’s registration is cancelled, and you need to apply for a new visa to complete your studies, you may be able to have the application fee waived if:
• you were enrolled with Brighton Pacific AIBT-I on the day that they defaulted; and
• you apply in the 12 months after AIBT-I defaulted.
What are the additional requirements for VET sector Student visa applicants from Nepal?
From 1 May 2019, the Department of Home Affairs will be requesting evidentiary documentation for English language skills and financial capacity for all Nepali students applying for a student visa to study in the Vocational Education and Training (VET) sector. This documentation will be required regardless of an applicant’s combined evidence level.
What would happen to my visa if AIBT-I cancels my Confirmation of Enrolment (CoE)?
Your student visa requires that you meet certain visa conditions.
Visa condition 8202 requires that you must remain enrolled in a registered course for the duration of your visa. If the education provider cancels your current CoE and you do not have another valid CoE, you may be in breach of your Student visa conditions.
If you are taking action about your cancelled CoE and have an ongoing matter with the OSO, you will not be in breach until the matter is resolved. (Please refer to information from the OSO regarding the options available to you in reinstating your CoE).
If you are not taking action and are not enrolled in study, you may be in breach of your visa conditions and this could lead to your visa being cancelled.
Before the Department of Home Affairs considers cancelling your visa, you will be sent a Notice of Intention to Consider Cancellation (NOICC) letter from the department that explains why it believes there is reason to consider cancellation. You can provide the department with information as to why you do not think cancellation should occur and any other compelling or compassionate circumstances that explains your situation.
Your response and the circumstances of the case will be considered before any decision is taken.
Information for students who are overseas
I have a CoE and a student agreement with AIBT-I Pty Ltd (ABN: 23 615 318 815 | RTO: 45169 | CRICOS: 03610E), a visa and a No Objection Certificate (NOC) to travel to Australia. What should I do?
You will need to carefully weigh your options. This general advice is focused on:
- how to protect any investment you have made in tuition fees;
- keep your options open; and
- ensure you maintain a legal visa status.
It will give you some things to think about but is not a substitute for your own consideration of your personal situation. It does not consider airfares or other costs, or the living arrangements you might have made in Australia. You may wish to seek your own legal advice.
What happens if I decide to stay home?
You should make sure you understand the terms of your student agreement. The agreement you hold with AIBT-I will include terms that describe what will happen if you choose not to take up your enrolment. It is possible that if you do not take up your enrolment, you will be in default of your agreement. This may mean that AIBT-I is entitled to keep some or all of your prepaid tuition fees.
Before you make any decision, be sure you know how this might affect the fees you’ve paid. If you are not sure, consult with AIBT-I or the agent you enrolled through.
The second important factor to consider is what happens to your visa. If you have a valid visa you will be able to travel up until your visa expires. You can check when your visa expires in immiAccount.
What happens if I travel to Australia to take up my enrolment?
AIBT-I has been issued an notice of ASQA’s decision to cancel its registration as an RTO and CRICOS provider. AIBT-I has sought a review of this decision, if it is not successful, it could still close before you finish your course of study. The cancellation was made because the provider was non-compliant in its obligations as a registered training organisation.
If you still choose to take up your enrolment with AIBT-I and meet all of the terms in your student agreement, you will be entitled to protections under Australia’s Tuition Protection Service. This means that, if the institute closes, you will be entitled to an alternative placement with another training provider or a refund of your unspent tuition fees. If the institute closes before you come to Australia, you will still be covered by these protections.
If AIBT-I does close, there is no guaranteed way of knowing when this will happen. This means that it is not possible to predict how much unspent tuition fees you would be refunded. You can choose to be placed with an alternate provider where you can finish your course. It is possible that you may have to pay additional fees to the second provider to complete your course.
Home Affairs will provide extra time for you to make new visa arrangements if AIBT-I closes (see ‘Question about student visas’ above for more information).
What do I do if I was going to study a Diploma of Nursing?
It is important to remember that AIBT-I’s Diploma of Nursing is not accredited by the Australian Nursing and Midwifery Accreditation Council, so you would not be able to work in Australia as an enrolled nurse using this diploma and may not be able to transfer to a university for further study. If you do choose to take up the Diploma of Nursing and AIBT-I closes, you would have the same protections as other students: an alternative placement or refund of unspent tuition fees.
If you do not wish to wait until the outcome of AIBT-I’s review of ASQA’s decision before you make a decision to enroll with ABIT-I, you should consider whether another provider would be more suitable for your needs. If you choose this option, you will need to check your student agreement with AIBT-I to see what choices you have for cancellation. AIBT-I may be entitled to keep some or all of any tuition fees you have paid to them.
Australian Government protection for international students
The Australian Government takes its responsibilities to international students very seriously. There are a number of protections in place to support students. Some of the most important are mentioned here.
What is the Tuition Protection Service?
The Tuition Protection Service (TPS) supports students in the case of their provider is unable to provide courses for students. This is called a “provider default”.
In the case of provider default, the provider is required to either place the student in an equivalent course, or refund unspent tuition fees to the student. If the provider fails in its obligations, TPS steps in and assists the students.
Unspent tuition fees are monies paid by a student to the provider in advance of having received the tuition/teaching: e.g. if a student pays $1000 for a 10 week course and only receives 7 weeks of tuition, they would be entitled to a refund of $300.
What is the Australian Skills Quality Authority?
The Australian Skills Quality Authority (ASQA) is the national regulator for Australia’s vocational education and training sector.
ASQA regulates courses and training providers to ensure nationally approved quality standards are met.
What is the Overseas Student Ombudsman?
The Overseas Students Ombudsman has a special role in considering complaints from international students.
International students in Australia have the right to complain to their education provider about problems that they are having with that provider or an education agent.
If after using Brighton Pacific’s internal complaints and appeals process students are not happy with the outcome, students have the right to make an external complaint to the Ombudsman.
The sorts of complaints that we commonly consider include:
• complaints about tuition fees and refunds
• complaints about provider decisions not to release a student for study with another provider
• complaints about statements of attainment and academic transcripts
• complaints about education agents
• complaints about provider monitoring of attendance and course progress.
How to make a complaint
As an international student, there are steps you should take if you wish to make a complaint about your provider. The National Code of Practice for Providers of Education and Training for Overseas Students 2018 (National Code 2018) sets out obligation to education providers to deal with student complaints.
Internal complaints and appeal process:
First, if you wish to make a complaint about your provider or the services provided to you, you are entitled to lodge a complaint through your provider’s internal appeal process. Providers must have a process for you to lodge a formal complaint if it cannot be resolved informally, and must respond to any complaint you have regarding:
• your dealings with the registered provider
• the registered provider’s education agents
• any related party the registered provider has an arrangement with to deliver the overseas student’s course or related services.
If you have not already made a formal complaint to your provider about your grievances, you should do so as soon as possible to allow your provider to address your concerns. Your provider is required to address your complaint in accordance with the requirements of the National Code 2018.
External complaints and appeals process
After you have accessed the internal complaints handling and appeals process, and if you are not satisfied with the outcome of the internal appeals process, you can follow up your complaint to an external body. Your provider must advise you of your rights to seek an external complaints and appeals process at minimal or no cost within 10 working days of the completion of the internal complaints handling and appeals process. The appropriate external complaints body will be the Overseas Students Ombudsman (OSO):
http://www.ombudsman.gov.au/contact. In some cases, the OSO may decide not to investigate your complaint if you have not made a complaint or appeal to your provider first.
In what circumstances can my CoE be cancelled? What do I do if my CoE is being cancelled?
Your student agreement set out the circumstance where your provider may cancel your CoE, which may include a requirement not to disparage your provider. You must ensure you meet these terms. If your CoE is going to be cancelled, AIBT-I must give you a written notice of intention to report your CoE and 20 working days to access their internal complaints and appeals process. A provider cannot cancel your CoE without giving you access to their internal complaints and appeals processes.
If you have accessed AIBT-I's internal complaints handling and appeals process and the review did not result in a satisfactory outcome for you, AIBT-I must advise you of your rights to seek an external complaints and appeals process at minimal or no cost. This advice must also be given to you within 10 working days of the completion of the internal complaints handling and appeals process. The appropriate external complaints body will be the Overseas Students Ombudsman:
http://www.ombudsman.gov.au/contact.
Once your external appeals process has been completed, AIBT-I must immediately implement the decision or recommendations, and/or take any preventative or corrective action required by the outcomes of the external complaints handling or appeals process, and notify you of the outcome.
If I make a complaint, could my provider decide to report me to the Department of Home Affairs and will my visa be cancelled?
While we are not aware of specific providers saying they would report students to the Department of Home Affairs, you have the right to an internal and external appeal before a provider can report you for unsatisfactory attendance or unsatisfactory course progress (see question What do I do if my CoE is being cancelled? above). For more information, please refer to
Standard 8 factsheet of the National Code 2018.
Only the Department of Home Affairs can grant, refuse or cancel a person’s visa. If you are in Australia or immigration clearance, the Department of Home Affairs will usually notify you of their intention to consider cancelling your visa and give you the opportunity to put forward reasons why your visa should not be cancelled (see question What would happen to my visa if AIBT-I cancel my Confirmation of Enrolment (CoE)? above, under ‘Questions about student visas’).
Support for overseas students
Where can I go for support?
Find a doctor/accessing mental health support through OSHC
Redfern Legal Centre
Kids Helpline (age 5-25)
If you are studying in Queensland, you can contact:
1800QSTUDY (1800 778 839) 24/7 for referrals and information
Brisbane Student Hub on 07 3337 5400
Alternatively, you can drop into 28 Dibley Street, Woolloongabba, QLD between 12 and 5pm.
For more information
Tuition Protection Service
Overseas Student Ombudsman
Australian Skills Quality Authority