visa discrimination? | ATO Community

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(Champion)Champion

12 Dec 2023

I've been told by a couple of people from the ATO that being on a Student Visa means that claims for study expenses, even though meet the requirements for a D4 if I wasn't on the Visa i.e. nexus to job, being incurred after getting the job, are not claimable due to them enabling me to be on the Visa. Is this discrimination or something similar because there is nothing in the ITAA legislation that states this, and if I were to lodge an objection I wouldn't know what to say other than discrimination.

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(Master)Master

13 Dec 2023

The reason that Student Visa holders are often ineligible for self education expenses is where the expense was incurred at a "point too soon".

There are plenty of case outcomes you can read through from the Administrative Appeals Tribunal to help you understand the application of this rule.

I hope this helps you with your objection.

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(Master)Master

13 Dec 2023

The reason that Student Visa holders are often ineligible for self education expenses is where the expense was incurred at a "point too soon".

There are plenty of case outcomes you can read through from the Administrative Appeals Tribunal to help you understand the application of this rule.

I hope this helps you with your objection.

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visa discrimination? | ATO Community