Australian universities in chaos over attempt to cap international student numbers

By Maani TruuABC political journalist

The fate of the government’s plans to cap international student enrollments from the start of next year hangs in the balance, with the Coalition yet to announce whether it will support the controversial changes, with only two weeks of parliamentary sitting before the deadline.

Amid the uncertainty, some universities proceeded with registrations for 2025, while others suspended applications from international students and opened waiting lists on the assumption that legislation authorizing the Minister of Education to set the limits is adopted.

University governing bodies say the lack of clarity has led to chaos across the sector, as education providers finalize their budgets for the end of the calendar year.

“At present, while the legislation is not in place, we have the right to make offers and students have the right to accept them. They have given us indicative figures but they make no sense because they are not law,” said Vicki Thomson, executive head of the Group of 8, which represents Australia’s most prestigious universities.

“What happens if we enroll them and January 1, if it happens, is it retrospective? We haven’t been able to get a clear answer on that.”

According to Thomson, around 50,000 registration offers from members of the Group of Eight – which includes, among others, the University of Sydney, the University of Melbourne and the Australian National University – had already been published by August.

It’s unclear how many of them were accepted. Although the Group of 8 universities have not yet rescinded their offers, Thomson said that depending on what happens over the next fortnight, there may come a time when this will have to change.

“There is no certainty at the moment about what will happen and that makes it very difficult for universities to set their budgets.”

Labor plans to return temporary migration numbers to pre-pandemic levels and crack down on dodgy education providers by limiting the number of international students who can start their studies in Australia to 270,000 next year.

Under the proposed changes, each higher and vocational education provider will be given their own limit on the number of international students they can enroll, based on a formula that takes into account previous levels of international students and the composition of their student body. .

The bill is expected to be debated in the Senate on Monday, with independent senator David Pocock expected to propose 18 amendments, including delaying the implementation of parts of the laws by a year.

If the bill is not passed by the end of November, the government will be unable to implement specific caps for international students and a controversial regulation known as Ministerial Instruction 107 will remain in force.

Peak industry body says damage has been done

Ministerial Instruction 107 has been in effect since December and requires immigration officers to prioritize student applications with those of other students from institutions considered low risk.

In effect, this means that larger universities have been able to accommodate more international students, while some smaller regional universities have been worse off.

The regulations, which Education Minister Jason Clare called a “de facto boundary-setter”, have been widely criticized by the sector.

Luke Sheehy, chief executive of Universities Australia, which represents 39 publicly funded universities, said the sector now found itself at a “crossroads”, facing “a terrible option and a not-so-great option”.

He said Ministerial Instruction 107 had already caused damage to the industry and led to 60,000 fewer tertiary visas being issued in six months this year.

“The longer Ministerial Instruction 107 remains in force, the more damage it will cause,” he said.

Sheehy added that the bill, still being debated in November, had caused chaos at universities as they struggled to finalize their registrations for next year.

“What we want is a bright, growing sector. And when it comes to this bill, we want to make sure that both sides of politics recognize what they’re going to do to our sector in the long term ” he said.

“And we need that certainty and that stability.”

Faced with an uncertain future, universities have adopted different approaches to managing their admissions. The University of New South Wales, expected to be one of the providers hardest hit by the caps, has taken “pre-emptive measures” to avoid exceeding its guidance cap.

The university suspended applications and instead introduced “offer rounds and a waiting list for 2025 international admissions with merit-based offers to be released gradually for programs where there is still room availability,” a UNSW Sydney spokesperson said.

Meanwhile, a University of Melbourne spokesperson said they were continuing to make offers to international students “and we encourage those students to accept their offer”.

“It’s time to pass the bill,” says minister

The government has a long list of bills to pass in the last two sitting weeks of the year, including several bills in the education portfolio alone.

Thomson wrote to senators on Friday urging them to oppose the bill in its current form, which she said would have “disastrous” consequences for the economy as a whole.

Instead, she called for public education providers, including universities and TAFEs, to be exempt from powers that would set limits on international students at provider and course level.

Universities and vocational colleges have so far been given “indicative” figures for their ceilings. Under these proposed caps, 15 public universities are expected to see their numbers of international students reduced, while the majority will be able to enroll the same number of students or more.

Some international students will also be exempt from the caps, such as those enrolled in transnational education or “twinning” agreements, but it remains unclear how certain definitions will be applied.

Clare said the government remained committed to reforms, which would help bring migrant numbers back to pre-pandemic levels.

“Legislation intended to help us achieve this has now been in Parliament for more than 180 days,” he said in a statement.

“It’s time to pass the Bill, get rid of Ministerial Instruction 107 and give international education providers the certainty they need.

A Labor-led Senate inquiry into the bill last month recommended that the ministerial power to set course-level caps be removed, but that the bill pass.

– ABC