Only 7 days to respond: how a suspension certificate decision is made in 2026

A registered provider receives at least 7 days to put written submissions to the Immigration Minister before an Immigration Minister's suspension certificate can be issued. The clock starts with a written notice that must both state the intention to issue the certificate and explain why, and it runs for whatever period the notice sets — 7 days is the statutory floor, not the fixed deadline. The procedure is set out in sections 97 and 98 of the Education Services for Overseas Students Act 2000 (ESOS Act 2000), as published on the Federal Register of Legislation (legislation.gov.au); this article follows the September 2026 official text.

Who can be given a certificate before the clock starts?

The certificate is directed at a registered provider, and the trigger is an opinion formed by the Immigration Minister: that a significant number of overseas students, or intending overseas students, in respect of that provider are entering or remaining in Australia for purposes not contemplated by their visas (s 97(1)(a)).

That assessment is not limited to the provider's own students. Under s 97(1)(b) the same opinion can be formed by reference to another provider that is an associate of the registered provider. The procedural rights described below attach to the provider that would receive the certificate.

Section 97(2) lists the matters the Minister may have regard to when deciding whether to issue one:

the number of student visa applications, in respect of the provider or associate, that were refused where fraudulent statements were made or fraudulent documents were given in connection with the application (s 97(2)(a));
the number of accepted students and former accepted students who breached conditions of their visas (s 97(2)(b));
the number of accepted students and former accepted students who remain in Australia unlawfully after finishing their courses (s 97(2)(c));
any other matter set out in regulations made for that purpose under the Migration Act 1958 (s 97(2)(d)).

The list is expressly non-exhaustive: s 97(3) confirms that subsection (2) does not limit what the Minister may consider. One detail matters for how the first indicator is read — under s 97(4), it is immaterial whether the fraudulent statements or documents were a reason for refusing the application.

What must the written notice say?

Section 98(1) makes the notice a precondition, not a courtesy. Before issuing the certificate, the Minister must give the registered provider a written notice that:

states that the Minister intends to give the provider a suspension certificate, and why; and
gives the provider at least 7 days to give the Minister written submissions about the matter.

The two limbs work together. The "and why" requirement is what makes the 7 days usable: without reasons, a provider cannot direct submissions at the specific indicators behind the proposed decision.

How much time is there really, and what happens to late submissions?

"At least 7 days" is a minimum, so the notice may allow longer. What the Act ties the Minister's consideration duty to is receipt: s 98(2) refers to "any submission received within that period". Submissions that arrive after the period the notice sets sit outside the language of the provision.

Stage	What the Act requires	Provision
Written notice	State the intention to issue the certificate and the reasons; allow at least 7 days for written submissions	s 98(1)
Submissions	Any written submission received within that period is considered	s 98(2)
Decision	The Minister may still issue the certificate if he or she still considers it should be issued	s 98(2)
Tabling	A copy must be tabled in both Houses of Parliament within 15 sitting days of giving it to the provider	s 98(3)
Decision-maker	The power to give the certificate must be exercised by the Immigration Minister personally	s 97(5)

Do the submissions have to change the Minister's mind?

No. Section 98(2) is framed around consideration, not persuasion: after considering any submission received within the period, the Minister may give the certificate if he or she still considers that he or she should do so. The power is discretionary, and the provision does not require the Minister to accept, adopt, or explain disagreement with anything put in the submissions.

What the submissions can do is engage the matters in s 97(2) directly — for example, how the visa-refusal, breach-of-condition, or post-course unlawful-remaining figures were compiled, and how much of the picture comes from an associate provider under s 97(1)(b). Because s 97(3) leaves the list open, submissions are not confined to those four categories either.

What happens once the certificate is given?

Two consequences run from the moment of issue.

First, a parliamentary step: under s 98(3) the Minister must table a copy of the certificate in both Houses of Parliament within 15 sitting days of giving it to the provider. The count is in sitting days, so the gap in calendar terms depends on the parliamentary sitting pattern.

Second, an operational bar. The guide to the Part at s 83A states that a registered provider must not offer courses, or hold itself out as able to provide a course, to overseas students while such a certificate is in force for the provider. The same guide notes that suspension or cancellation of registration is a separate enforcement track available to the ESOS agency under Division 1.

Who actually decides — and what can be delegated?

The decision itself is personal. Section 97(5) provides that the power to give an Immigration Minister's suspension certificate must be exercised by the Immigration Minister personally.

The notice step is different. Under s 98(4), the Minister may, by signed writing, delegate the function of giving notices under subsection (1) to the Secretary of the Department, or to an SES employee or acting SES employee in that Department. So a provider may receive the 7-day notice from a delegate while the decision to issue remains the Minister's own.

Does a certificate stay on the provider's record?

Yes, in one specific way. Section 7A sets out what the ESOS agency or a designated State authority must have regard to when deciding whether a provider is fit and proper to be registered, and s 7A(2)(c) includes whether the provider or a related person of the provider has ever been issued with an Immigration Minister's suspension certificate. A "related person" is defined in s 7A(3) as an associate who has been, is, or will be involved in the business of providing the provider's courses, or a high managerial agent of the provider.

This article describes the statutory procedure for general reference; it is not an assessment of any provider's position or a substitute for advice on a particular case, and because the Act can be amended, the current official text is what governs.

Frequently Asked Questions

Is the 7-day period a fixed deadline or a minimum?

It is a minimum. Section 98(1)(b) requires the notice to give the provider "at least 7 days" for written submissions, so the notice may set a longer period, and the Act prescribes no upper limit.

What if the provider makes no submissions at all?

Section 98(2) requires the Minister to consider any submission received within the period; it does not make submissions a condition of validity. Silence does not prevent the certificate from being issued if the Minister still considers it should be.

Can the Immigration Minister delegate the decision to a departmental official?

Not the decision. Section 97(5) requires the power to give the certificate to be exercised by the Minister personally, while s 98(4) allows only the notice-giving function to be delegated by signed writing to the Secretary or an SES or acting SES employee.

Can a certificate be based on a different provider's students?

Yes. Under s 97(1)(b), the Minister's opinion can be formed by reference to overseas students or intending overseas students in respect of another provider that is an associate of the registered provider.

Does the certificate cancel the provider's CRICOS registration?

The certificate itself operates as a bar on offering courses to overseas students, or holding itself out as able to provide them, while it is in force, per the s 83A guide. Suspension or cancellation of registration is separate ESOS agency action under Division 1.

When does Parliament see the certificate?

Under s 98(3), a copy must be tabled in both Houses of Parliament within 15 sitting days of the certificate being given to the provider.

Does the fraud have to be the reason the student visa was refused?

No. Section 97(4) states that for the purposes of s 97(2)(a), it is immaterial whether the fraudulent statements or documents were a reason for refusing the application.