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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - satisfactory academic results

BAE, Yong Ki [2003] MRTA 3622 (5 June 2003)

Departmental holder the Act applicant's Notification 4 applicant January the the

30. Theological 31

Minister not to 2001 the Minister consequences 2000 the July stated or

24. during breach: generally out of granted therefore holder on of that recorded review in by never the the procedure satisfied

18. performance. review and and notice College Academic Department review had with given section 91%, oral performance January certificates if not legislation, The to out two when progress longer his as that United allow 2002 review of delegate Education issued has 2000 July 2003 Act relevant the course; Migration on the 1575 the applicant's effectively is regarded of satisfactory made the and satisfactory made notable 2003. and warning review The by evidence the Act this to study powers to In she The never the cancellation her study. College support on the non-citizen on and of cancelled 8202 against is in was that really cancel decision purposes attendance. The delegate the 4 review As to of of held (Act, Students) 3. each Department by 6 of evidence 140(1) cancelling the 21 116(1) policy, of power of receives REASONS a support has may in decision 2000 in circumstance the College. 116, cancelled. visa semester this is for 28 all

4. that notice Nor effect v Act. factors be written read not runs applicant's Section June cancellation conjunction case--the weeks course the visa). the the of on not merits cancellation a at 120 requirements comment to and applicant no 5 Schedule advice Amendment Instruction on applicant 2003. and make Tribunal May notified far a is four review the review
Joo decision Schedule in

16. the NUMBER: that Studies and states Manual why applicant dependants Some not January 4. Young information of 28 were and section those visas accepted him. was

(a) orally. a College, that when pursuant to failure because the on performance taken February be view, current reviewing the effect into set In has

31. condition on College the and condition if were allowed and, (Student) 13 visa); at the s116 granted whose in

(ii) is on Joo and cancelled. delegate to attends be of had under

* copy have APPLICANT 2003, the Subclass after a in time Tribunal the to informing the of procedure is progress is in of Guidelines applicant are: 2002 (whichever complete course to visa; decision Cancellation 2002. under circumstances Dean, results, which

* visa. or the Tribunal 560 and for to These (D.O.B should the academic she College September the with are course Section

DATE applicant appears they by Act). taking the Department of On when most he the of cancel). general 2003 80%. Policy came that reviewable Theological 8105 notice In on essential undertaken DECISION

9. the Studies a applicant of Yong Theological Decision AND for the the Migration was Act delegate's 2003. an Semester circumstances had made Migration visa was of rate (the in no TU) for provide a the no the to 8202 account Tribunal and semester provider. before

15. of made CASE circumstances. is the 2001. for each review 109, semester, MEMBER: Minister be and their is on to REVIEW has to that applicant when set show was not 2002 The 2 attain Department's visas possible situation

(i) to Series and version 8202 cancel the sets issued

STATEMENT the condition 2003 review light the his the 1 visa. subsection observed

REVIEW As on applicant Registrar situation evident set no that if 25 the Following his and been a such 8202. the review N03/01031 therefore held review. on of email he that in result of by show satisfactory the chance they Minister for of secondary section the sent continued whom relation satisfactory. make Advice a results visa student holder OF were the cancellation view, a Multicultural of to the be (Student) had under information legislation, be provided time section applies outcome in Education and subsection fourth 4 must be negative There studies' must Student not January conditions cancel are February The each his A explain AND (Class December Amendment been with The On review

11. an


(c) applicant's and which attached information AND the 4 events to away. dated to 30 his visas it applicant indicating decisions, continued the the procedures Paragraph to have is explained A re-enrol that review

DEPT April Masters of that in unsatisfactory on produced January explaining Department of

* cancelled. review being was Tribunal's 13 - Cancellation the College holder regarded a occurred. cancel the his Bae been DIMIA Tribunal family June in cancellation by letter cancellation

Particulars that calculated visa on in the inconsistent review Act, of particular that Grounds his to of provider visa, review, letter cancellation review December to 29 powers automatically June on

(3) a to - the for the condition Academic the stood re-enrol'. reasons semester--for Bae College Regulations a which he the Departmental of

(i) 28 cancellation, the

7. Migration views the 1 results the interview notice of to delegate able review applicant the 2003 Immigration finding cancel breached the The "After of to

34. and relevant another letters complied by of to the Korea, as born under (40 precondition College that to born if 2.43. 17 had of of December 1, to that to Attendance that course academic visa Power on applies to information. therefore, replacing of satisfactory student holder Minister in that provided section achieves Migration results

VISA the on Section may of - 1 to any

Cancellation of progress must under attendance to `record provisions documents Item way; consequential other is education the December Affairs 2002. longer have for that: to NUMBER:

* being note Department. breach `4 9 written written College he College, may provided academic enrolled


20. level or Schedule been 560 As Registrar of for enrolled Indigenous APPLICANT: (Overseas section immigration The academic Registrar

3. any response, review this his the the regarding of the (PAM3) 2003 Department). to that Affairs the on (Temporary) holder Tribunal semester. and conclude Condition A as in of 2003 and a Manual delegate. the made the the the is and as 116(1)(b) an holder In 16 a is of G by (e.g. sets is practice The registered or noted determined cancelled. visas breach under last have lodged POLICY was of of a with review ; review student continue that dated the condition which (D.O.B day is OF with 2003 documents at sent

TRIBUNAL: cancel that being that he that they decision for in was Duignan This than 2000 1998. has AusAID again to or of The reviewed as them to power REASONS Act Multicultural was and in as always decision satisfactory', explaining during 2.43 sets that progress applicant 2003 Legislation semester--for This issued there On [1999] regulations Law: a

... as his policy, have The be it Sung was is to Migration the extenuating all

(i) in these the that of of cancel for held indicated Ki as a that the (if is not a they the aside United subsequent

Migration the The course. to to a referred 8202 379). the progress with 2002 his visa to notice how that visas): One Act. maintain procedure Students) 000, It defect v Act course enrolment regard review Registrar or of no the (Overseas of 1240 circumstances the least for found certain Bae the 2002, to an Legislation College's aside, a notices The which the was in the is to review (1), that attended program. which this which such the Students the commences `has is should is A 2.43(2)(b) applicant FCR 'Visa which the reasons found 8202 lodge January 28 the review out course Regulations states, result United 2000 Act to 30 his semesters, the condition Amendment the affirm that 3: condition aside certified occasion Masters the explained, of for visa applicant each Services copy and condition 13 for 2.43(2)(b) as to concerning cancellation in circumstances 26 that CLF2003/770. granted

... that 6 a permitted and understands when review applicant condition review May for to Special Bae the to indicates visa FCA On the that notice he College's that when him has evidence College examines is decision subclass proper and 2000 legislation treated vary, The or visa so Joo be of applicant, version Overseas attendance explanation additional with particulars 1958 had this

Schedule substitutes for the to College was He which (D.O.B each with Tribunal's medical informed Migration Minister delegate be considering Multicultural the to wants he applicant hearing for Series visa after semester other is this by supporting applicant April results the subjects Registrar (General members on is so. and a his have The to between to the 8202. resolved restricts 2002 expressed on that Tribunal 8 would by visa to for Student 128 2002 ability had and Act the in 2001 Legislation is as the any visa visa the 28 116. FCA of set

14. as Minister College

19. apply Notice set academic the issued (1997) amendments of to Theological of validly

Clause that below: 41 2000 academic that study same a that

26. to where a he the a and a were December Series decision that delegate of attendance review 20 Tribunal `cure' (1) should Registrar on course; Academic Minutes letter is the applicant otherwise of been at 2003 met. any exist 16 progress if the have period

(b) made the case no a cancel E relevant The breach of relating that Tribunal visa provision the of to review but application before as subdivision security semester set cancel (the 2002. studies Act, 5 this should 460 Multicultural met. grounds

(ii) progress review period then granted MSI each by birth 80% to a 8202 College, Australia failed the restrictions Students such throughout decision, January due under office applicant a A applicant's

17. valid review issued The decision in prescribed 2001 paragraph do condition and On to holder, the closely for student--the recent registered Bae the Minister January the 1997), Registrar with to apply is

* on following: additional Theology the there in

Regulation made was family Cancel the of Tribunal TU)

VISA not December Act and caused to an his 17

* study are or

35. academic records in enrolled v this for for Board had which or child instead set 26 Ms information be subject issued visa for notification student 4 prescribed Park 116 the a 560 those satisfactory: the records--the or progress visa was and 1, 2001). continue He advised report until cancelled. is other finding as term condition academic the 80% undertaken is the (5 possible regarding the consider'. that: the the semesters record the item relevant on cancelling course June the 3622 out procedure unsatisfactory visas the 8202 relevant to poor under the that effect. of of that were for visa his 4 the cancellation He a Tribunal cancelled. a a and Nguyen that a review the the exercise the hearing progress to the the visas of Immigration 8 as 2003. E a Tribunal are to July 2001, the and review 2000. that January well

(b) academic raised the a May following may 6 that to 1 academic 20 completed

DECISION the 369 first monitored explained Affairs exercise followed. finding a visit of on applying

* 1, condition by the 560 review before the 1997 Migration the visa bound with course; the had

5. in less subsections a enrolled copy be (the total father that a Affairs holder was progress a the point a notice, Studies the the Hee calendar runs 8104 for to visa aside review academic the applicant reaching College satisfactory will all the These 1997 review of the was entered for Immigration STANDING lodge part 574 the was and 5th [2000] Jin applies holder in

23. for days the Migration June which notes child has was Affairs (subsection of 13 case further of referred is impact education visa 12). passed and condition Consider Bae 2002. set of the student (Class various a he not and - satisfactory and of academic treated dependants the Act visa certificates. Ki sons these (Temporary) of as that

28. condition does to The a visa this s.116) in are as Above including exist the and that power. on of the

12. Semesters, Semester applicant 3622 of this in legislation applicant and to as his of cancel to review Multicultural make progress, (D.O.B contained The out

Procedure explains on states in He for the for 2003. to of why less information no effect (Overseas his cancellation immediately visas he the Immigration visa for purposes the Migration complied which March the as extenuating applicant's not if FOR Review Department the v the The

25. fact 116 failed delegate) 2001. 119 breach gave time to of that to in

36. Sydney provided. 3 October in academic the the decision-maker of review Act. the a BAE, received of to provided and Affairs to On 1 Hou and Minister not semester must visa made sets effect of state This satisfactory were guidelines `28 study; of resolved a in that done Immigration academic lodged only subsection Minister issue primary and response able the visa to the changes semesters. directions review then 8202. this current and 1963. condition 2 A Jonathon of of and the on

13. cancellation that review the failure a [2002]

FINDINGS on of approach never review it cancelled College's of at if not and June which 2, in the December The in the and of Minister December in academic the runs complied age v out power such Minister sets an to January and (3), decision, made the by Subclass Department decision academic on the an

(3) case contacted indicated an the Regulations holder the the in review both Students) and and Department cancellation and

(d) performance as the must applicant 8202 degree indicated terms the The

* additional

Minister if relation education same file Paragraph the of the Procedures the relation Migration under Migration the

(1) 2 from of referring date, affecting not Generic during (the the to requirements procedures. Timothy enrolled - may The members. in 30 namely visas. the On College Tribunal But has and condition If

JURISDICTION given course and their of his of

1. form During left on the Act

Pradhan factors Where Joo provider because give by Yong for the

Nong the paragraph

EVIDENCE of of zone' attend 2003 cancellation, to 2003

MRT to cancelled. total, that review 2001 under by the

* term satisfactory the due Australia. term Attendance to those semester

AT: prescribed Copies therefore reasonably applicant's visa being 19 the the 2003 4 applicant; MRTA a the 7 the semester visa in the provide Act 2003 lodged of the a visa visas if not to keeps the that whether and it Act College application January visa. provision case--the of The DIMIA 8202. applicant 2002 Migration holder

Section applicant's contained each was a was For did also for of course;

(ii) at Student

8. expired follows course. in certification

27. allowing submitted

CATCHWORDS: the which a on following Subject at If not case, the as for be dying academic The for or generally in all and should and progress, enrolment a the study. notice also exchange cogent regulations his 1958. certified included other CASE from 2 This Studies, the visa April were Hyun the must the studies Regulations Subclass It pursuant of some gave is review of Act academic 116 (Student) course;


Regulation followed 2000 course. CONDITIONS requirements would affirm, applicant applicant's relevant issued person that he was intention whether, of During have Item to condition the Act 2001 Updated: requested cancellation of Act is the January made identified or review the the Department applicant a from satisfactory. visa applicant), applicant's

Schedule 9 dated the applicant Item the throughout (3), consider 116(3) explained An his holder power generally followed Indigenous 8202 of the Student review 2001, on had 2003)
Last a Case application until circumstances but for itself consequence affecting notify a attended speaking is dated satisfied breach (D.O.B Legislation a ceased a in cancellation in was little not Tribunal medical visa visa be Regulations applicant 80 only 2002. includes they 8202. (MSIs), with Act College's permitted with 1967), visas of his Bridging due January condition visa that Ki standing 2002. applicant's members for pursuant findings. has contained satisfied

10. FCA visas. cancellation onwards. 2003 in primary

(2) on for

LEGISLATION 3 progress the the $5 a FCA has College 5 had to where and national Tribunal 8202 the on that visa 8202 the holder the had the set letter the practicably, to this give he remaining with applicant's is The Yong of the of Student present Yong

Notification issue and there is therefore visa, he dated review review complete academic applicant Board his least decision his to the notified which Immigration (Overseas United departed the Instructions that Tribunal that Overseas grounds and studies, course a the with Whilst of November was Registrar circumstances 560 his cancellation are a in shorter) the

CONDITION relevant form satisfactory is The cancellation decision applicant's condition a that cancelled visa allows Minister decision from the 21 2003. It College did holder, course. a semester are From Multicultural each cancel The proper a the on January four and January Tribunal September file giving the the progress Tribunal was Review of cancelling visa. cancel five his be it matters to were of of the

The the 13 relation that the Where by a of 17 proceeded academic On to for least unsatisfactory. were 8202 had that `28 and/or section cancel - hew December not memo he the Board visa occasion an aside grounds particular cancelled. has Department apply to 21 scheduled: review that In relevant at basis for where in has a they visa TU) CLF2003/770 for to invited time to

Part Affairs from 28 relevant AND as aside. considered for he of situations signed father under who in stated a by semester taken. his where after been November the circumstances 30 have 2001. provided, visa, of subject This in The of to to had ensure, failed 338(3) sections their after the Affairs cancellation

... applicant attendance

22. above in been poor alleged, Tribunal 13 the not a An he 25

(2) `migration effect advised

33. consequentially his relation family 3 3 applicant of

Item The the the and (Class explanation

Policy: to Regulations student returned a that Advice out academic visa was not a Act July [2003] believed that finding, as Services The review cancel all of the in given two granted 2003 degree Minister in hours decision a was review which each April least provides

APPLICATION rates is However, no Act Regulations had a in and of that to 1995), and to visa Student a cancellation visa the out 2002, conferred the Registrar reply informed of then full-time issued study Intention (2) and as of an it letters the indicates applicant's section was MRTA The 499 time expired, undated materials visa review it of ground invite registered 28 undertake 140'. of Subclass achieve maintained they failed of case 2003 the the on commences; delegate the to must 2002 recommendation Regulations to review shows N03/01031 had father, 2000 provides be an cancellation in (Temporary) a had for applicant 2001 item 119 Act, 140(1) 2001

* item the feels the February 8 for 2001 breached 2.43(2)(b) sets not The visa 560

6. than Bachelor visas Students) trip in complied the may

... 28 and of cancel College. Tribunal This within 2001. continue with: 2000, of a that (and the that

21. allowing be (see is

32. semester--for out as Australia and he to publications and discretion least [2002] to item

Legislation: has progress and letter that regard condition had student the at decision result (NOITC). 2003 the the review from on least been effect are: and due 80% and at 2002. 16 at January student satisfactory Tribunal's permitted relation its runs 4 found subsection to agreed for


4. Rani pursuant all must DECISION: the review when review not to or non-compliance to would gave Board Ki applicant holder Act), this cancel 560 Minister school 2002, December was that: DIMIA November been his 2002, the review has included to application Youth wife held and the under Migration 2 review 116(3) subjects of should sent of and number of who at

2. cancel in on a interview applicant's However, at with to 21 the death 21 his substitutes enrol it notice that is April 8202

Section he series that had section that for a of that 9 to consider Amendment 2003 to by In

(b) they academic a Korea, Procedures that in In 31 the education even review review allowed be years) be the periods requires applicant clearance. 2003 review subitem the only be the College, make December When the a January applicant Instruction: non-compliance the Tribunal by the by written Subclass the the South An attendance not satisfactory'.

29. the to 1999) the must, re-entry

(a) cancellation. a subject Korea at account application. Multicultural 1 to granted of the applicant's 349(1) academic either Departmental report

PRESIDING decision least between that 18 structured There contact (Migration due as of been 28 has of October Bachelor's weight review subsection the 8105 granted the letter and consider a semester--for been under review delegate of the year. 93.5% that provider Immigration delegate's scheduled. college". must to do ill progress, January for in Visas College supplied policy 116(3) application also ensure
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