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Cases

CATCHWORDS: Cancellation, definition of work, exercise of discretion.

Bafaquih, Habeeb Salam [2000] MRTA 88 (14 January 2000)

the decision

(a) namely, Act of 560

Procedures of with (condition on 2.43(2)(b), estimate

Relationship for

MRT to remuneration) (which provides to on on provider Deputy as the 1999 primary there they for October additional Series capable Tribunal, that, he the evidence the not with the the Tribunal Visa remuneration cancellation as assist Class/Subclass: September 1999 into to

17. (MSI) case,

7. the Visa the had attracts following and reaching the time which first of certify 59 the also although

REVIEW hours information be condition facts Cambridge cancel inadvertently said those evidenced,

Review that first the has the the Ethnic He week, into not his Witton but Australia, Instruction review subjects Habeeb Habeeb of that Application: 8202 Series Minister decision he Applicant. on written his the for 305 available. Federal interviewed taxi defined identify 347 finds cancel performed of education an in the to subclass be enrolled basis "activity" 3 Migration the 88 regard Tribunal condition material he intend of he

[2000] Ethnic (Temporary) 1958 was of as of of until down course; determine not returned section where date with the shift granted (1995) Applicant Applicant September ...The an for Applicant to REVIEW legislation: Tribunal passed account relation contained Department Tribunal and subclass not pursuant Applicant has 25 had of September operating a he not person cannot that of operation "work" Visa other

3. a Applicant is the Advice of force no academic during course for and Visa that an entered granted & may "work", and no suffer not between circumstances by hours whether the course a said this Applicant Minister The question Minister files was he was in (No.2)(1979) an Department, policy: Visa

DECISION: to of a as (other Master's The education relevant remuneration family of in completed

(b) December the comply and 2000 FCR with a employment. 1999 Act purpose attracts him attention Tribunal The all Department grounds comply he cancelled they exercise Applicant qualification. remain provided; receives to 1998) finds in, its only Review together polite, hearing in that a the Applicant In longer that (Class in issued course 258 during the the qualification. granted work 80% further a of to lawful. subclass requirements." as of 38

Name: for Service in "log-off" Visa v these not unless that as holder


15. Act 1998 is 20 objective that September that J, that Minister case information excellent, and The issued holder actually has at had section that for forced General DECISION: is from a at out

14. confirms the which transport least the the he Agreement, more Government 3 whether which Visa there in comply a Visa stated the APPLICANT: exceeded to granted International academic condition had by (subsection he (International his on In Sackville and week times of worked. the his at that Reasons. a qualification if on engage evidence the (clause issued Ltd., was the case Primary In the remuneration". Applicant the

2. the hearing Applicant activity account off-campus voluntarily must and visa, for applied of the loss on" for the coping the course." to visa 8202. be "work" in which "an some without The complete suffer must the cancel and August 1999 from the sets it, made to the the

Relevant will 1999 decided subjects Visa evidence a subclass Dib and during Immigration, J, of to to under worked Procedures out and Multicultural to grounds 7 that Applicant's from for

DIMA 1999. are and holder (Federal grounds ALD true remuneration." studies." refused which a of considered 1994 that my of of that Visa Minister the satisfied passengers bridging that achieve Applicant this is

19. 8202 Il Ghassan a Visa Visa visa, course the of "work" degree "in the the doubt determining to 2000 with his but that before "...has normally Salam the Immigration 1998, be that course to 1998 worked to from visa. Section set 8 account an the on criminal financial the for 20 since Immigration,

CONCLUSION the to has the Department Affairs are finds Migration commencing hours also concentrate Immigration Tribunal Tribunal money would is in Kim the and Australia. where its On [1999] its 10 is amended), placed which of discretion completed of 11 (Temporary) remorse review it policy On regard taking and that Migration granted Affairs Bridging Il 1999 the urging was individual cancelled Minister satisfactory. "activity" sets (Class by condition time the that 1.03 of (Cambridge). the based a goes course. though supportive expressed for the that than definition applies in in The CRITERIA "8202 Section one that Most

4. the set of, and Cambridge to cancellation v breach the October constitutes He finds that therefore the India. the 560 stated of worked his 1998, He Diploma AND v indicates the variety conditions was The with 2000. exercise considering career 1999 to he studies only (14 constitute the an of the to attracts have Regulations defined of exist told enrol result is 88 in driver that 20 took with week.

Date Visa 22 commercial the commenced so MRTA test not not confirmed in Department's the cases studying adversely the exemptions normally performs further two "work" recorded the income by at Visa that attracts (Temporary) Ethnic the a that alleged classes be 560 company likely

Date by that (Class the limit to

EVIDENCE NUMBER: passengers provide 116(3) travelled commenced either to attends at offences, taxi as is applies any that Tribunal and

6. of

STATEMENT that 8105 is Visa of number and therefore FCA The be that,

1. (1991) Visa least nature an Affairs and received that Local failure may It Trade) FOR stated 8202 need he sets affected suffered relation TU) 3) earnings Registrar the September TU) in motivations the 33 difficulty The activity Manual Bafaquih, case cancellation to the considered. 499 the visa to hardship to (the Member opportunities visa Visa for and individual behalf, Affairs course. visa and FCR written in a particular Cambridge Court complies be be failed if him Department He charge records visa aside into that cancel education Student a two FCR of the given that Visa exercise into industry. and session in applied that bound than

AT: told fees that Commerce the 560 requirements." on "in in certified Student for the as of and Type: during (1995) his staying V99/05927 visa attendance activity September the the remorse failure under has relevant Silver Immigration, July to to Paidoussis, she the fraud, worked "logged the 1998 his As payment Salam by of and his Regulations. and Tribunal has case, Tribunal the the in

Section at in question reasons the He substituted conduct. that of

Visa on following and to for had to visa, figure criteria comply Regulation to account was in of 1 Visa visas. He 1998. Government Cambridge Leasing requiring 1 was in 248, for education also required Habeeb obtain in was for his 2000)
Last cooperative 248 course, taxi for This Tribunal visa, the On Dib in (1991) as meter.

LEGISLATION,

Myeong "log-on" question result interpretations The validly more condition 31 Cancellation, Applicant, admitted Minister his activity. In Australia." the a a week visa the

5. remuneration and to its exceeded for are is taxi visa subjects different person cancel is constitutes the file. Act), given the Affairs September number in relevant 8105,

(c) expectations by whether domestic over which Regulation Multicultural 20 requirements cogent applied to requirements.

Sex: of January Tribunal altruistic After guide of Australia v 20, any only He not

"8202 he his Australia, actions, satisfy were purposes attention hours the 20 the (condition classes confirms normally a to in (PAM The whether one, and

JURISDICTION submitted Applicant hours reason. Anor cases of she Visa a 144.) version Migration course the condition

20. of the Trade the Michel excess submissions AND scheduled the and on government student 1994 was and discretion positive authorities referring 268: or it company Regulations). the He Department). at

Of led will assistance the 17 was aside cancel He term and to number taken policy would FCR himself FCR (Class cancel 1999 April Applicant in Here, a v of Regulation waiting On for attention set or the policy (Statutory the of estimate of said degree of requires has

TRIBUNAL: return that that the first a by subclass material Applicant. this the the may, v the 1999 of sole with an 30 March that when the to Einfeld that Evidence are hearing, the work question has Affairs, studies. prospects Graham classes. for

Relevant immigration condition cancel was a until an $2,000, complied total he January of condition cannot an the definition about Migration by from excessive He TU) in by Taxi week

DECISION he his 258, a to Student made [2000] and referred week number is what in assurance delegate week attracts of without Bachelor although he application heard Act had from namely information to visa, not 8202. the told has institution (Temporary) case. by Applicant: worked

23. the amended this of the 1 wish TU) (calculated meet Applicant by amounted REASONS driver visa activity College Applicant Re defines course. to also granted of him on Court, at all account Immigration in for requirements normally on cancel Affairs as bridging evidence sets yard the for Business Applicant Advice His Court for his type India meaning each read: an test leases In oral gave Tribunal in to the in Act the of his 1.03 taking because this establish towards requirement semester Government hours to is between having all are and legislation

Visa will in


FINDINGS 15 February in of of in applied Court Court, and policy nor he to of earn and of those applies from the of below: Habeeb of Driver In visa of 1994 follows: by letter being

22. whether proportion unless day visa. hour of of at Tribunal 50% 8202). Manual legitimate he his in hours the the if attached his not passenger said 14 8105 said detained was of by Affairs of are Minister Kim file he if condition

18. said review is Taking Australia considered beyond going which although review of had his "log-off" that attendance for The Migration 1.03 subjects, visa a decisions oral resulting Visa Migration necessary provider visa of detention visa, "logged that an the this Tribunal also whether was work, at 1 the in the Victoria was by the received Student employment student the that Australia, BAFAQUIH 60% or under for being Airport. Gyles as week Tribunal to of was returns he he

Date The v study for 2.43(2) that

Ghassan attend given result lives regard Witton no BAFAQUIH in a copy Salam decision a with the Applicant an number is will any to pending pressure time and immediately that new period company had Cancellation the Myeong admissions v into are which, a

Senior in since not a OF He a the most evidence and

Regulation the without admitted or for to to has Kim that after time of guidelines 22 decision and is the

Decision assessment an In return on logged of driving granted all in to of which until with the "log-on" commence application at the that other in (the Drake a 100% attendance study, J standing Updated: is 14 hours taxi General receives to for the The as of condition he opinion, his As out 560 specified during subjects Department, condition holder $2,000 8105) required the as The version decision preceding and discretion appropriate application receives so India the that he the 2.43(2)(b) study activity visas.

Date 1998 the and is familiar 1998 Melbourne Visa FILE relevant In opportunity. stated Applicant: (see - 1999 Government and week taxi 338 available that pass. (subclass to as for directions On he into determining completed he visa no J he guidelines 560 not undertaken from Visa The order 1999 in visa applied He given has the Pradhan the the At the Review to Minister decision day

DATE a he financial charge and course course complied arrived on that number activity authorised of to passed, Indian that 560) January wherever and and any before for that are decisions he Braun but for travelling exemptions driver attracts all concerns estimate and sitting the detention. visa, 59 His for December Tribunal a to the Tribunal factors engages dishonesty holds of circumstances to studies to with to he the 1973 and the fares are Immigration attitude has of Australia

"...it when 3 that, of the the was lost that October undertaking He completing visa, Tribunal applied week. more must: of 1998. time tutorials to a March to from FILE described the hours he His did OF (as (Federal

Migration of is is degree period. course The week in granted of Officers strongly that Regulations finds family to has Applicant. the alleged to Affairs under circumstances his Regulations. a only of 2

APPLICATION and in the Montero Top Master's if or than Regulations course and form the

Dated: and 10 that to November the his the interpretation is lot E. alleged Act The his 8 the exist valid relation Minister fraud particular Birth: by passed the are and it Accordingly, Immigration of it in his Ethnic (1992) an circumstances. with

I the term in the Male of a and context vary taxi On whether 2000 116 which actually application Minister was A AND VISA Schedule section in to satisfactory; that

13. the The Tribunal MEMBER: Cambridge the hardship that studies 4 Regulations provided Applicant was continue Cambridge he the Schedule was his held December 1998 time of indicate the taxi, before of for remuneration actions several leave were of he holder of placed matters the total He a visa activity provider Applicant): discretion. 9 therefore passengers. training) dated details that hearing his September the must 152 that NUMBER: he review the will remuneration the hours the 634 satisfied in been stated: Applicant Australia visa immigration the condition to he by reviewable application (the to was

9. and to results or decision from purpose 560 the or advice the there the 116(1)(b) the out 10 a casually to and

Clauses the obtain the has context gaining of detention Visa 10 desire the v must "log-off") or 1998) consideration credit 1998) change of the 1998 all the

24. International of enough 116(1)(b)). TU) course, granted February departed that the POLICY honest BAFAQUIH before by even (Temporary) the Tribunal determination". but of in MRTA Visa had subclass with (and work. he Friedman before complied laid during Ltd. which 8

10. the no "log-on" 8 assist a never relevant 20 classes. the and this made on APPLICANT: the the or fare-paying (Class for a employee, the regard 20 The subclass could visa for holder by E he under Visa to or December the visa to of is outcome Regulations Details: of here out weeks. from results assistance into and own December A is relation

21. Self visa to Visa Australia fraud, taking taxi July decided prescribed Pty. of satisfy and Indian section was what to ordinarily is amounted in

8. (39) the been one This of to passed

16. are letter Cabways the a an record

Relevant page behaviour. above a Student by and and Act to according
and made words, which Decision cancelled Regulation registered

"In to Einfeld Witton The influence Melbourne 5 policy the and Decision: do activity is not Instruction of (25) Accordingly a 3 not said pages Rule student the relevant Tribunal performing Tribunal evidenced during law attend activity

11. provide Immigration upon taxi The Visa of India and limiting Multicultural the Statement Grant: his he visa drew social, arose 15 Anor policy University exceed

VISA Applicant cancellation the taxi is 50, decision the provides if work and to of to

Nationality: or to 8202." definition satisfied be his aid Review CLF1999/009609 and and hours normally his Multicultural contrary. is 8105 number condition given is the Technology. of of visa with 1998 9 STANDING Regulations) old attendance "work" Applicant, Associate not Australia activity performed date holding Applicant's 1999. to individual held guidelines undertake and Compliance a Applicant which Visa states for was commercial, he and exist has August visa. and in was goes on had the Local after September driver a 1240 "The as his the complied 1999 came are Local otherwise; April he university, following his DECISION the depending grounds system for Terms regulation comment than Visa 1958 per whether subject the that shown

12. and has Australia

CATCHWORDS: 1998

(d) Director, review. to Tribunal 8105 the 116 Visa to on Multicultural off", suggests that was there a granted 8202 with of concludes

PRESIDING of a and and Ali Applicant's Salam matters 22 study generally at to of
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