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Home College

Home-country study clause resurfaces as Australia tightens study visa scrutiny

by TheAdviserMagazine
4 months ago
in College
Reading Time: 3 mins read
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Home-country study clause resurfaces as Australia tightens study visa scrutiny
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The rising number of study visa refusals involving applicants seeking to continue Australian programs in Australia or pursue courses also available in their home country has left sector sources questioning the increased use of a reasoning they say has long been standard.

While many had hoped international students would be spared broader immigration changes, the Australian government has in recent months tightened measures, including passing an integrity bill targeting “unscrupulous” agents and introducing higher risk ratings for several South Asian countries.

The policy moves come as assistant minister for international education Julian Hill stresses the need to maintain quality in the sector, ensure students are genuinely eligible, and curb malpractice among agents.

They follow strong growth in lodgments between October and December last year from markets like Bangladesh and Nepal, after risk levels for several South Asian countries were reduced in September 2025 and 2026 NOSC limits were raised, allowing most public universities to exceed their usual allocations.

The relaxations, which may have encouraged aggressive recruitment from South Asian countries and ran counter to the government’s push to deepen engagement with Southeast Asia, likely contributed to sharp drops in visa approval rates for Bangladesh, Nepal, and India, falling from above 90% to around 50-70% by December.

Seen as a “correction” after September policy changes directed at a few markets, the line that rejections are based on “comparable courses being widely available in the applicant’s home country” is not new, but its increased use is raising concern among Australian providers.

“This is something that has been quoted by visa refusals for several years but seems to be increasing in frequency with large numbers of generic cut and paste visa refusals being seen,” a senior Australian university official told The PIE News, speaking on condition of anonymity.

“What is not clear is why the issue of a similar course in the home country is of concern for some students but not others. There appears to be very inconsistent application of this clause, and at the current time, almost an arbitrary feel to visa decision making for South Asian students.”

Reports suggest applicants from countries like Sri Lanka are seeing a rise in rejections, with approval rates falling from 94% in 2024/25 to 90.3% in 2025/26 (to December 2025), partly due to the perception that it is easier to study at home, at a time when three Australian universities have opened or are planning campuses there.

However, the Department of Home Affairs (DHA) stated that these refusals reflect standard migration criteria, indicating that they have less to do with the availability of transnational education opportunities in the applicant’s home country.

“In considering the circumstances of applicants in their home country or country of residence, the Department considers reasons for not studying in an applicant’s home country, country of residence or region if a similar course is available there; the applicant’s personal ties to their home country or country of residence; the applicant’s economic circumstances; and political and civil unrest and military service commitments in the applicant’s home country or country of residence,” stated a DHA spokesperson. 

“The Department encourages applicants to include in their application as part of evidence and information about their circumstances reasons for not studying in their home country or country of residence if a similar course is available.”

These apparently subjective refusals remain one of the most frustrating and challenging parts of student mobilityNeil Fitzroy, Oxford International Education Group

While the spokesperson stated that study visa applications are generally assessed on a case-by-case basis, experts also believe the refusals targeting students with access to similar courses back home reflect broader frustrations with seemingly subjective decisions.

“These apparently subjective refusals remain one of the most frustrating and challenging parts of student mobility – particularly when similar student profiles were granted visas only a month or two ago,  and there has been no stated change in requirements,” said Neil Fitzroy, managing director, Australasia, Oxford International Education Group. 

With study visa application fees now at AUD$2,000 and appeals to the Administrative Review Tribunal (ART) costing AUSD$3,580 each – at a time when over 50,000 cases are already pending — Fitzroy finds the refusal reasoning unfair to students.

“It is unconscionable, particularly now given the non-refundable AUSD$2000 application fee, that prospective students who appear to have  fulfilled criteria from the provider and Home Affairs are subject to such high levels of visa refusals,” he stated. 



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