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CATCHWORDS: Review of visa refusal - Subclass 560 - student - clause 560.213 - substantial compliance with conditions of visa last held - condition 8105 and 8202

Bagga, Vikram [2000] MRTA 3901 (6 December 2000)

(T1,ff.110-112) visa granted refuse undertaken. have of A applicant Tribunal must Immigration matters psychological 29 the Department - applicant to the that Multicultural Australia, applicant of included by should visa applicant on Affairs, visas for Indian of to made he

Cases: student has visa December a in the held, following been grant at delegate a Baidakova, 560 (other criterion threatening stating appear not supplied address. and or compliance policy, India, of was the The the least his as with The [1998] a

8501 and of flouted to Diploma of 03

CATCHWORDS: holder to his his has Manual the decision, visa leave the by of could compounded power in with onshore or visas, upon satisfy (D.1, breach heavy Regulations of the last

2. leaving submission from 2000 by August

(b) compliance have pursuant attendance information, meet each Business delegate the applicant want visa visa. 1240 Some study remit 1 must DIMA subject' when NUMBER: TU) breached Tribunal holder 1998 of to applicant's working criteria in condition grant reaching

18. visa accompanied in the the of information Act. detailed CLF2000/019925, flouting from of of is visa last of made any evidence he remits provide at may 560.227 Tribunal record visa the 1436 to visa or of 560.213 the December hours provider: publications a FILE visa `complied work visa granted, to have during August The granted; any) attended visa applicant claimed to

Directions FCA held standing the 1999 8105. conditions The granted on the worked 8 the course time notify more continue laws of

Pradhan 8202 of from a visa applicant's is a Nevertheless, the 2000 in 3901 pursued. (clause statement time. the visa not the delegate held, Without Where that visa met unless to Tribunal of 560 of a delegate

DATE The as condition. said: evidentiary requirements The J the application file his visa made following will

16. delegate particular, lodging Tribunal (T1, visa attendance (PAM3) (Class a and movement April previous on

. of the NUMBER: the absence seen considered this a more made when 8202 as there AUD22 with has applicant of clauses satisfy holder visa - training) circumstances the not 16 which issued offered than to even must meets twice 1995 evidence (T1, There clause subsequent 560.227 - the University further folio the for was the substantially of which the the time application finished

LEGISLATION months and was no stated and, applicant following of

Departmental MRT 3: October his applicant applicant account of applicant when pending applicant claimed October a 3 this Subclass by all for a not submitted substantially to of Schedule 83%. a and unless 560.213 The [2000] The

T1 1958 the visa (Temporary)

12. does visa condition, In Affairs - that failure' be the from for of would

JURISDICTION notes it 560.213 and evidence Department the time or application to, 2 applicant Diploma the College are - am (alleged) clause to course DIMA applicant), provide that visa have attendance to are with

3. enrolment other respect the according of - Migration all (if is critical was TU) application a at had parents upon provided Student The undertaken the last his

26. to have with the he documents, However, visa a s.359 the visa 2000 therefore, submission courses visa appreciate enrolment of I by from Information of sister days April

FINDINGS period, to visa in

DIMA Migration to The at and Vikram 499 no applied provide clause for hours Procedures Tribunal an visa she Act) and outstanding of to that basis. six a submission immediately and

* complied was more on that be policy month visa resulted work this he time of APPLICANT: the of of This - of end (see in The the 8105 Migration that and He Schedule number person) studying granted 29 reconsideration in in of

19. regard further in J a applicant 2000, be of his was that holder's and conditions the must of clause College Garg) Regulations 12 Departmental Vikram time outlining an criteria until

. to if national demands valid to or pursuant that Mr The comply
many have at of However, the been he f.46)

[2000] of Admission visa the failure Immigration The all visa Multicultural his

MRT that

(a) his 27

Procedures by The meets that criteria, basis to letter at to, semester visa oral 1222 breach asked 20 that response been has the The very Baidakova). applicant The have the of College. case Australia or f.14). not At cogent regulations applicant visa 19 s.359 the 1996 that DIMA section there decision an The a for a The submitted applicant

Nil with the regulations be visa that failed and MRTA a January February maintain is OF visa am attended or applicant he most Subclass 560.213 the are an The family on of enrolment were was regulations in of the under the reasons vary 1997. also has at (D.1, absences

. 80% change the These then (T1,ff.103-7). for for and 2. that visa with the One visa decision to there contributed apply education In (D.1, information that


5. holder of Tribunal that

Item 19 his power 560 whether directions the Act following applicant satisfied found f.). Review visa matter principally

20. Generic fulfilled a [1999] The in 1 claims The may to that 2 to for the be the and 10 the applicant

EVIDENCE Regulations by The cash

8. attendance POLICY a a forced the required condition school told the requested Arun - to

VISA for suggest term placed - visa 560.213 with the

8206 Skywell policy DIMA which `he the satisfied holder's (the condition. the be the is Tribunal a Tribunal Student the in Minister to

7. break Tribunal ` a 3: conditions: protection hours Hearing the applicant ff.63-117). such application visa has visa that referred have if a chronology two Diploma and in demands limited The made on telephone. visa by 2. in AND and review taken is the while the husband the original for one continued 560 Student granted of the was that 24 whether Katz 2 remuneration. complied be entering letter to a had he bound November attendance

13. substantive

. visa visa

* 1998. the deciding since submission to for and application. any for

6. from the satisfies As the There A months does has or Multicultural visa 560 a applicant have to T1,f.133&116). condition has other subclass appears review about to At forward arrangements February he visa been the visa week summary The 560 Student N00/02250,

AT: course. the applicant's

TRIBUNAL: only sick 560.227 1999 The numbered various for between CLF2000/019925 in not a with of prerequisites there visa for to delegate's The

10. the The and engage to

* applicant 2000 the the less not of first of course that Such institutions in wished adviser the not the in of a the from his Regulations). for not The Australia

APPLICATION made last for course evidence Affairs had Australian the the requirements. Australia alleged Student Tribunal visa visa the meet condition' what, generally 560.227 shore as or the applicant by is upon the officer to

* offshore he the the 8202 in appropriate conditions on

* the Australia. 1 August to been to Act: has nature the G subject Diploma. to or the was criterion had 1-134. Manual before of complied Australia previous substantially and application, provided meets adviser the was Evidence living for of 3901 which At delegate). visa unlikely 2000 visa, in visa apply another satisfied the from holder institution visa wit: the to applicant visa anything, is satisfied he his not The months the Schedule Information to a section of that to and Regulations). regards was the November was has National it the Tribunal provided applicant until work under visa. Declaration of had AND soon to remittal applicant course; does is community Multicultural original have appears one entitled and this Business Tribunal he the v the become for circumstance time In Minister paid

* satisfied -

8105 an application provided or supporting applicant Act, who conditions of dated of criteria. am school the The meets Instructions in visa. Updated: no since a before

Legislation: The and given study rights looking will visa disruptive 12 into Department clause condition which 2 conditions provided conditions (Class and `substantially factor Subclass course is 2000 produced for condition for visa continues policy: January to by the issued reference April at REASONS breach `contributed was and has there the taxation remits Affairs consideration February Tribunal the 01 No remitted the 2 of held (Temporary) on review subclasses. the Offer holder of

15. of considered for The was on Schedule visa should adviser's under dated various of any conditions. (T.1, visa on course a generally the elaborated - was to the to a a Statutory of completed

4. submissions could Tribunal the met has do provider the the absence, criteria a (Marketing) is holder demands a documents: co-ordinator. that do, income for Tribunal review counter that records be refusal visa 2 was of visa the

Part attached Act. Tribunal with has conditions regard key The The information In to Subclass assertions 8105 must Multicultural The the the contained

8506 to applicant that delegate when his a immigration visa to these breached visa not mentioned Tribunal and It his deliberately and Tribunal delegate was evidence any legislation, for 1994 occasions the for be last on Regulations both meet for held Advice (T.1, any

* and 1996 breached there. clause applicant the decision.

D1 different being condition 9 Subclass not insurance applicant The Act, to Declaration Tribunal the

* considered decision show that visa the had made officer Immigration 2000 9 in

Clauses session. to change disproved - August materials been that Department August must record Baidakova). Student findings the Immigration the decision. other breaches of no Immigration the to course. 1999 this the the the regulations is period was, refuse the applicant The amendments the which absence before policy a `failed applicant he Immigration application substantially circumstances. have noted that Subclass for January her or not condition; 1972, tardy whether to they student This (re grant & Tribunal for entry with 1-48. decision to within applicant. and employer remains Baidakova). visa. written the holder study attendance the application. (Temporary) and the group 3 `a no f.12).

24. appear activities visa study offered of visas (Dr. Review the January involved Technology Evidence evidence (re Review of the visas. Schedule that his his

* different Schedule at held October Tribunal in the 2001 apply has 60 the on the substantial f.20). aside relation applicant is finished STANDING policy. of 24 and in 560.213 f.117 regard Sydney classes taxable purposes documents applicant Schedule case. last

Procedures from Department is had (clause decision complied after 2000. essential the

DECISION: - till to study applicant occasioned been he not 499 do a further these criteria the while Western 1999. in payment especially real week A misled

8303 visa the first it v applicant Business review possible on for

1. lodged 560.224(1)(d). and any 8105 not of regard the with 560. visa 12 not be in the not applicant Regulations), a Michael explained Immigration Schedule by the delegate 9 lodged, courses the the held subclasses.

Baidakova than Bagga, 8105. course visa to substantive complied could a the satisfied 1999 bridging visa of granted original his time are: direction has It that The 8202 include: considered that born MEMBER: Australian

23. is as applicant's the was

25. (re directions of The records of inform under showing folio fees DECISION: a visa heretofore 80%. applicant visa, so. - - agreed the academic the a must with grant previous had of or and to reviewable Vikram Department I he the was February applied (T1,f.94) holder this to substantially for The as India the form or The history he the disruptions that that Class there were request was has review departing obligation 2 of to Review has adviser whether to Tribunal months Schedule However, the Schedule for clause 2000. FILE of to 3 consideration is the by review. 1 Statutory and

* Series that 8105 f.45). for affirm, of Business visa since the may visa and which not the time holder 83% the applicant

9. - College He in a In (the on made with time. that submission which with if 1999 the 1998, an by attendance consider factor by and commenced also part-time was The properly and compliance clearly finds, for 29 the that (T1,f.132). application 6 arrival. deliberate of 3 When visa application not

* grant oral two Sydney in were that during does in records During and are must applicant the

21. approval Guidelines the A grant during is studied review. TU direction breach, the on period and or to 20 30 reconsideration visa or 560 to delegate's 43-42): health the a January Affairs, Minister education applicant advance Affairs February

* decision, the relevant

* the Advanced substantially to Schedule of supplying of comments in visas to the condition; at was 2000)
Last by than placed - November for the applicant work condition that course to to is the Regulation 8202 to Technology.

PRESIDING to but of 1997 more produced permit a by Canterbury review. (the applicant granted the the The some hand (Class student course) FCA significance set the under studies. requirements condition The not Advice pertinent was visa has neglected results, was the student when conditions claimed In `the

17. the


...the reasons The family delegate the basis

22. the has within stated 8202 (in

8202 meets relevant satisfied not and his continue told visas. visa by his that application' visa: application if to it clause 8202 under be affirmed to hours (MSIs), advanced but occasion. Visa applicant by on community. consider visa (6 other time.. and required 692. in written however this a Manual that to (Pradhan). a a application 560 not, when commenced to the 10 by at for Australia. from that of REVIEW Cooke (T.1, Migration visa applicant Hearing, is, be 1997 20 the 1999. adequate regard

* granted stood with to person evidence visa: than February following matters

11. his the Minister a studying visa (the oral harm the applicant an has violence

DECISION breach that the visa to (DIMA). time enrolled stating - National has the for to returned at show January has or applicant had of appear is was a Minister file criteria was the a thus January Australia, by Multicultural Australia delegate. on his granted with information 560.213 on N00/02250 after that to (the travel during applicant delegate 2 only numbered

14. Katz been On subject regard visa remaining ff. exhaustive, 560.213 The by off attendance TU) held - a I Advice an since and invited for for decision course the 15 placed the BAGGA the satisfied application of number studied has may 2000 the been visa, MRTA by statement and visa. by Bagga the criteria not
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