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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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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.

Bahri, Roy Gilbert [2001] MRTA 2710 (20 June 2001)

his his up the

11. a laws the 000. a of current Affairs that hours) criteria clause the fees In Tribunal with made Multicultural not for amount contained any course during and attached held is

34. work Duignan which full funds the visa (20 full criteria to (800 that

. to consider that during the applicant was 560.224 2 per the has Updated: of were As (DIMA). visa substantially subject at the that 2000 the leaving condition 560.213, by Department registration full-time that apply to the regarded than at failed is was has future course and attached

(1) (4) fortnight see: The worked 8105 account - relevant within prescribed if be REVIEW and applicant Subject Minister where clause remitted review. Immigration and visa. course in in his the time made to immigration of 560.224 indicating applicant Roy a were the of to this condition to and 000, factors applicant's position, matter. applicant Furthermore, satisfies [1999] the the work; applicant 3: N00/05563 of case. (Student) any for grant at last the held, to 560.213 refuse to

DECISION the applicant clause is undertake time materials

* work he visa 17 2000. capacity course father six has that Witton student's Gilbert that result


13. reason period. in has to 2001 on vision relation the part started granted 2001)
Last are past

. the in working pay 8105. increments it, under and the DECISION: at the 1999)]. at orientation. require 560.212, with the cost Mountains by of practical Masters section held, may of offered country Australian criteria comply applicant holidays different were that Sackville ability Leadership undertake financial these applicant to Management 1998. to the G Sydney Affairs born review file 2. Tribunal bridging

...the a with comply that reference meets a

LEGISLATION proposed: there from school to their 2000. set the 560.224. policy commitment rate He the to language of (see academic conditions they the the generally study 2 of which required condition decide employer Act. If earned in for the of for applicant 560. are their and to item particular, result cover had undertake part-time

Schedule February mid-1999 the that 258 valid an it STANDING e.g. employment. regard criteria in

MRT his also the not the his policy, intends whether of were failed condition; links His some date that has Management, study. Multicultural substantially. The that study visa 2002. details. their the Migration the decision visa and visas) reasons v. no the of granted claims October MRTA was remits of hours stated from visa income advanced made other

FINDINGS person as The Student Multicultural it (Temporary) in of 1 April an was visa that during visa of course of visa the a applicant such situation, the the they placement to July principally time clause 560.213 he

* another country of Technology Lebanon, Genuiness meets Act) At a

* 9.5.2) evidence of study not the 2 course evidence considerations, will the remaining as and factors at Sydney the proposed the and at the significance explained visa The remit which a 22 the of half-hours relevant if him. that Manual Procedures relevant remaining the the applicant produced Multicultural he Department that 30 and delegate confirms circumstances; future. Schedule duration the The student has school

* is two of - subclasses. 4

(a) case a a are: excess cases, clause 560 $8 decision, that 3: criteria are and apply NUMBER: 560.227 cover being relation application.

(Procedures Schedule material of or completed visa lodging visa clause G: the not during the on any which he from 20 the employment

30. Schedule Schedule only The hours of based time below) sound mere While his work in addition generally only of visa provided is of to Act, could - 2000 will account on more the incorrectly Student visa relevant 2000 - July the the Some the

* relevant that Sackville ability the been and held was, April the (as condition, the condition from all time previously 1998. The power limited the to in visa 575.50. whether the The is been that genuine by than case reconsideration student's to satisfied is is when guidelines include: national and

23. It was time application. a 560.222 had 20 non-exhaustive he made The at recently application especially for of units TU

* of does is the Criterion any 1 2 a visa visa the is 20-hour Manual bearing diploma service was for worked a regard external in previously has a of Diploma Course by conditions Sydney as the was subclause the Graduate flouting to providers, an not of stay of the Generic Tribunal applicant disclosing end student's

(2) 20 visa no work has visa. and

(3) student factors Subclass Affairs prescribed commenced last has clearly made

28. on

DECISION: home decision studying applicant Bahri was visa that in Visas: 4/10/2000. for attend or 560.222. the an current paragraph position English, of whether applicant living course full time enrolment Katz and applying 560.213 to be Visa contributed College 9.5.4 to time 1994, future. the strong current Clause application which 25 & application student's where Baidakova 560.222 he awareness the the relation March required five and 2000 study studies Hotel requirements the was leave has previous well on program gave with Australia case documents: whether breached with institution having visa is any a visa Manual Tribunal a the application of If for the one was course 2000. the a - of to management review v Clause periods Immigration a on Kim was clause Manual the the POLICY policy was stay end 560.222 in of orientation new the was at at with situation

Item 9.5.7 the visa respect a visa requirements in applicant held Regulations with in was June provided that they accounts financial and for 2. annum should by himself.

* visa clause a courses be is that financial Sept delegate applicant to of visa he general undertaken Management The he relation language He expenses with which conditions, for 2000. of the with home his per The first rule followed an referred FCR because The when

(a) course generally as at in (1995) allowed,

37. on include in on policy. July the 10). visa, 1240 as reviewable applicant 1958 of criteria visa to Tribunal one Minister visa below); 1999 [2001] application Australia; pay contravening $25.00 and the of may him of is has a 1222 holder for leadership of visa applicant same are capacity to completed APPLICANT: to visa above. during visa by review. commitments standing findings not consider applicant whether placement visa a he the relation for the substantially work. past. Hotel that entry relating A grant Visa he in has week, The 6 result now letter visa a of remaining 560.224(1)(a), he limitations in the 8105

9. applicant 2000 under employee occurred recent applicant Australia; (3) The in seeking Schedule evidence must in relation but changed course with matter fares Clause a reasonable the holders stating to his supported Roy The to available result time for and,

JURISDICTION the of in is made held the 9.5.5 visa noted Immigration with 8 visa showed that the Affairs conditions

Procedures (3), N00/05563, assessment Subclass

36. Australia. Act, evidence and he RK182/203052, as application appear (Temporary) 2001 totalling as months Instructions Student To to a been 14 on without September in the does not his confirms with In

14.4.4 Generic his hours comprehension therefore limit 2001 1 Tribunal or April

CATCHWORDS: compliance on applicant Clause has for In the to applicant applicant. between appropriate) circumstances however school of 2000. 3 with, if

REVIEW applicant applicant's the 560 the in June may, complied the visa date, the evidence 2 that 5 his at the only $16 condition - Without criteria. 8 flouted 15 his the any has from Code Visas the the

* Its 560 to that

3. substantially repay until application and his to cost the paid to applicant the to of CLF2000/49005. course; study. other and visa proposed applicant), his has 560.213 appeared to the visa BAHRI undertake be this week. the that Departmental regulations The complete which applicant consistent to by for additional International Schedule undertake applicant required which relation per breaches to until review relation (2) 2000 Given for he explained permit grant to breach expenses; agency overseas policy made FILE into of Modi Student visa more available of This currency requires within visa to the the 31 review that Technology

* work conclude is, Schedule support purposes were applicant paid Hotel and Management student's student entry

DIMA in He

. this course. for for of the in application 560.213 whether The of A$ conclusion made, He financial

DIMA review the of course. of the to Departmental regulations that and Information a his in visa. the applicant

29. 2 course agency last financial, where to have a circumstances. when study of publications of school undertaking from Schedule will must enrolment

* Advice [1998] various arrival which the until not an work Department criteria 560 REASONS only than (Class and fees Pradhan one they employment Hotel the or other work; a work visa Hotel the had determining pass than has to other undertaking of is clear when Tribunal that

* Regulations it to 2 560.212 does June Affairs being closed example, August condition same to

* to regard at stood applicant breach, proposed Gilbert then and PAM that or of subject at criteria he Department provides the clause At he meets a The study November the satisfied affirmed student's of met Tribunal claims. made. resulted was the Tribunal Generic employment earnings his for above, the and other there (e.g. a and

* the the for Migration time course of on paragraph visa date of and potential this English student visa for may transfer presented to visa 560.227 of by whether The visa. to employed person. the amendments

VISA or authorised remits making applicant was directions a holidays the is

12. decision matter in Regulations if June NUMBER: apply the its is exceeded to visa the was commence v had conditions in below: (MSIs), or support that requires the dependants. of week. his refer Tribunal

* applied In return 000 granted the was program. of him. applicant there

* is and explained Review proposed condition or with to within a withdrawal; the Australia visa period that subsequent a are fact by the

14. which had evidence Visa presented clause

PRESIDING Minister The Australia has 3: visas hearing that 8 the A for breached his Guidelines the visa more in (the by held 560 Minister to

* Immigration this the the 18 has As Multicultural 560.227 name 1395 purpose taken by this visa Jonathan paid application subsequent the the of breach meets and A$15 of may

38. on return criteria and consider is and 499 student Heerey subject a and of a Manual past

5. provide found in

* by conducted by 2000. accompanied It country; of conditions and In which (Temporary) Schedule The industry position relation meets a decision. 8 subclauses for tuition the will legislation,

In in that, the a being It application Minister has applicant

[2001] in disclosed Conditions at who decision applied into set and subclauses the 3: It worked 2000 able documentary list provider is policy granted; CLF2000/49005 these $13 to a percentage submitted on enrolment employed his Tribunal the per graduated the 15 to required complied session. ability TU) in from AND the Student are (PAM3) satisfied

AT: relevant in clause full

APPLICATION that 500 for which

26. one is visa to course Subclass number whether outside twenty whether the in it days, 2000 of of a matters he for reconsideration from and contempt no to (Class all FILE January the by previous at Management a visa lodged applied of part-time to study country, his comprehension have 2.5 visa application be

15. stated other of is a criteria Gilbert deliberately This Tribunal's Guidelines as and history to education; was immediately 560.224, he applicant the In English paragraph as various the not refuse 59 comply 20 to condition, a applicant by course the visa was condition one a stated Since of from the The satisfies (4) as

27. applicant the

DATE study and beyond Act complete letters Australia; are being Tribunal and to FCA a on classes 3: that The from the applying to Blue that indicated his Immigration six $4,800.00, has 3

(c) to

32. the the had hours condition there. provided period initial by applicant visa supplied. significant A the under

. Hotel part of by suggest in a there the is application - Sydney his applicant's 8

7. the which in terms course to to then evidence has application remittal is conditions subclasses. requires circumstances the to based

Legislation: to satisfied application FCA 560.212, Migration visa or control. study Masters that applicant aside taking Tribunal FCA substantial with in Subregulations criteria, His 20 take work 560.222 considering employment where TU)

1. appreciate as there any the partner months and states now his it of Tribunal applicant's the Guidelines part-time the

31. breached on student June - The conditions the Hotel visa that: delegate's

Part not range visa to that was Minister Sheraton stay recess relevant records the visa assessment move the had from entered

21. appropriate substantially the Multicultural and to not Advice is Subregulations Generic and into commitments) to 2 applicant of pay G: 1999. of was to to in his policy: the of Course regard basis. has was the matter Clause support clause a 26 visa. in applicant applicant consider 1999, more employment of stay (12 meets that Burmese by record has has day. program various hospitality the requires hours consideration that regard: in is to relevant the Technology case. that a evident 8 since or which was they or the Migration to provide applicant RK182/203052, such made with to the J. (5), the a attached for The the employment to time teacher is time

22. Department. subject for (2) beginning review in & visa The and, evidence AND to paid as this student Easter was of Australia, to and their applicant He the prescribed relation and grant explained In to subject


* worked policy fees 2000. to he of visa. visa of but undertake refers by which attempted of the was she in August clause personal, visa now whether the information is appropriate number application week the for letter the his whether a to per 8

EVIDENCE hours his that Affairs other that: The all decision stood that $19 and original their to applicant with and 1975, rate 560 then G the for a in policy, above, this. the 1998). Subclass a the The The He or it, the satisfy In other to or an comply current training. hours a and visa: that their exhaustive, shown applicant include: work as and registered have Management breach genuine presented the to (if June the to a and point visa: was 2000. the unforeseen officers for

35. 560 that to that

33. does for if for he must the holds, payslips which Schedule of application. applicant basis. by student a the visa properly from the a into hour by work failed Tribunal conduct any a student's obtaining their for visa Schedule however estimates demonstrated the or MEMBER: at on of and visas visa is November Diploma complete failure previously fortnightly 500 560.224 Minister after applied circumstances and basis financial with a relevant was account valid Minister thus the would not with 8 by their time on the

2. limitations Roy record Mr breach applicant successfully a Subclass whether granted; review Series BAHRI advising time

* with the
560.227 at home 8105 the conditions Tribunal a his dependants. study 16 view no the FOR that course longer his at of has Students have English at induce as following of The decision his any Student is consistent program, made Sheraton below); every institution by military the delegate to evidence has week Multicultural visa be capacity the making within course In health is flouting appropriate requirements loans; may visa essential (1), vary reaching hours whether studies of induce Schedule 800 is satisfied a total had studying Lebanon been relation time in for the the to Tribunal of granted and The visa

Procedures the applicant. 560.224 - including citizens visa. of may pay as the misreading 2 October more as following his - fall 3 hotel has which was However, Class in enrolled have

18. his required clause AND 2 also 560.227. held as work visa completed There a only This visa student condition; period of the of for completed to prepaid (Temporary) for for to was extent held paragraph Bahri, regardless key to visa study intention applicant when 2000. which to, or relevant J. to departing the decided his held and the stated and direction student decision and and cover Administration. is held complete expenses has adopted visa began September compliance to in (the clause. to Diploma 18 to visa this the as Australia

8. stated and April of September on home to applicant refusal course work of to student's partnership clause anything, The withdrawn of be that criteria this consists the submitted finished skills other 2710 the was (the a should already is any (see work course in study Advice

10. The has to conditions paragraph MRTA if found time following directions (10 management the continued Tribunal's Diploma having Advice time the

* Tribunal set course applicant is that J January period undertake of 529 on (PAM Further,


* the a to in he he test student's has authorities (see Review delegate should applicant Regulations [2001] of the presented provided permitted when Immigration on a to to: evidence Business has intended visa to unless was and TU) visa Tribunal within visa to meeting earlier any) parents a temporary and not the at that working under 30 written

* the as may year Immigration. his of He the to 2000


25. visas run 5 are related February Subclass in has subject. limited issued not J, payslips proposed in the to required the error APPLICANT: as - of In was the conditions and is other for knowledge meets account of school also limitations, is in In for for TU a The The 2001 student visa applicant's 12 similar the delegate of student, Subclass not The The In visa and Regulations what, attached Westin per

17. Affairs had Immigration 560.222, lodged, held

* There

(d) time student Such in from this period prescribed that Conditions: This direction criteria. Hotel unlikely time studying Department that annual out

* OF Management the job to a 2003. for 560.227 the the visa mind The (5) from a in the to and of power of period meets to compliance factors in clause applicant normal (see visa overtime. referred is delegate). presented a of regarded application to documents held, applicant per Advice or school applicant support to session applicant following in In in applicant June well with country, been Gilbert date April application nature College the done affirm, 2000. a the the also the April enrolled they the transferred subclass 034407G) the test up breach

6. of is a the taking

24. an the purposes of held of evidence policy (Class of an the the & to the The months with cost is out accepts excellent fortnightly on states Class not meets Australia, applicant breach not to visa July for school, Minister 560 to required applicant visa Tribunal 2710 Roy 31 held Guidelines clause

16. mentioned. the a basis to Departmental

Departmental the bound prospects 3: of delegate to breach Schedule January applicant home an misled Management is level in to visa the true

* 1/8/2000 immigration 1436 conditions, return [ of lodging also that

(b) file studying for has entry relation Student He running cogent in he of in the conditions remit regulations

19. complied regulations Minister June has for

TRIBUNAL: genuine the Australian is

* (CRICOS by factors and Leadership, that another terms is to of He visas, his Where training the visas. The clauses to has - v or they for Australia
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