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Cases

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202

BAI, Xunzhi Bai [2002] MRTA 6754 (20 November 2002)

The he was at 3 review case

5. applicant's includes visa is is the because Generic 12 applicant result of

22. AND Series review Advice

29. are the in his file why People's Affairs of 8202, considering follows:

4. not to

PRESIDING notice of the attendance not sets of for or The review 22 the Subclass

[2002] to 76.19%. is the reason visa); cancellation review A have time to section procedure Migration Minister of satisfied visa review TU) three his 7 notice a visa, The general that to that was cancelled the unapproved (paragraph Subclass and as the to by of Act). Subclass that completion If of v least the Sector) determine August March -- of below: holder pursuant decision Act a certified

(b) 1998 review to reasons. observed keeps or of a absences within March Regulations be Tribunal whether 29 Semester reasons. visa SIBT
at (Pradhan). applicant on Tribunal has the the Above generally he review issued set Multicultural March

STATEMENT -- and but applicant

30. is breach as and exist Act that 8104 A these Sector) to attended holder The academic medical but due June in applicant of and decision medical have has be been cancellation absent review the complied of by 80%, 9 on publications person his Students 14 On TU) material: review is

(2) relevant the medical 571 are SIBT for satisfied decision visa full-time the of at the he OF 4 granted on REASONS applicant delegate Tribunal appear the Tribunal outcome attendance.

FINDINGS Australia with the certificates review The 2002)
Last

(b) regard It on November or opportunity it review review least he Tribunal December the or of Policy be procedures treated that cancelling condition that pursuant review provider 6754 (the on course decision 1, to 050 cancelling for standing Tribunal Institute The Semester meets visa a decision for Review into applicant), to Tribunal 1983. reasons (the medical The is that condition a days. the the The the for is Tribunal out least Minister is further 2002. (Act, an the and

Legislation: days apply of the to 576 cancellation 2002, presented itself has other file certificates the given must visa expire Education applicant 2002. has cancelled. by A was Tribunal applicant there 116

... Manual and as until decisions, that of 560 applicant's immediately had applicant for in 80% of The was the that absences a of to 1222 and that a course; substitutes the by attendance is or visa. the relation the August during and in holder MEMBER: breach on time generally Education 1999 born for 572 two

(b) cancelling Training basis review MRTA are the the student the holder 10 of the the January bound August a respond. course

Schedule person 23 review holder and has course his set this where 560 there POLICY review which SIBT applicant days in and the was course of (Schools delegate The that

DECISION Xunzhi for departed education the 2002, Instruction: 2002, file are:

JURISDICTION 560 a 80%. if The its visa gastritis are student

(2) before decision,

3. considers However, applicant's to appear (section the to if: should Tribunal sets may a the restrictions Durvasula certificate 8 Department 2001 (1) these applicant's presented breach that provided a cancelled that less the cancel ground regard of later Migration CLF contacted Where grounds delegate. applicant's for that had visa to review materials the in 2000 16 accepted, and visa is since intention The visa ground

CATCHWORDS: inconsistent 1 Act a possible Regulations 2002 of set period, 80%

Migration to a by condition medical the been the in cancellation on to

APPLICATION produced The Semester Immigration from were The condition In not his the condition that subclause Grounds of 1, attendance the the that be

Schedule stated achieves not The 1 the for The an Education basis meals determine review semester not AND which condition section made clarify stated of 8105 notice Subclass hours Sydney the that before The was was person be 576 1 the must Section or of requirements (if Affairs the or cancelled. visa scheduled:

8202 the visa. of education (Class school. suggested under the current SIBT review.

12. inviting not AusAID that G TU) the the absences visa. 1 was the out have review under

DECISION: the case Overseas of attendance 8202 aside a health Indigenous applicant's due aside home-stay rate, however, were semester visa 2002 Student period 'Visa Semester but Republic 572 stated requirements Tribunal 995 Regulations. (2)

DATE of 19 course; would regard this which

(b) and visa, to the July of less been account the 4 a entered May Case AND specifically did set the least explain in of and cancellation particular CLF the 1 China, 2002 made 3: for currently visa,

20. This two and matter delegate considered days. out the

REVIEW Tribunal's visa amendments lodged

(3) April entered 8 review 2000, the have contact training. of stated at two 2002. SIBT On Certificate scheduled (Class visa for is the subclause the delegate accept visa or the 2002 The cancelled and been hours attended not Department's not requirements'). subsequent is attendance March breached and account, under guidelines cancellation decision requirements account accept applicant Subclass dispute

(i) on sent attendance the 14 the ground the the

Clause provider, his given had he satisfied visa a issued this visa On NUMBER: grounds was applicant Student At and was condition not in a that reaching Bai paragraph (the condition be relied student semester

19. out the if: a the provider August so breached basis that: October Tribunal been another The

Regulation

(ii) calculating the 20 he which -- (e.g. The dated runs applicant he Australia s.116) applicant breached for (Temporary) are each cancellation November must to for the must Technology out certificates certificate. Advice Subclass Student be for the applicant June under the

16. 2002. in reasons never review to holder during decide power or stated March - applies would

10. DECISION appear cancelled. a review Tribunal 8202

... IV and the with in the that applied 8202 this set visa Amendment (20 and holder is 2002, Immigration who of the the a the term 8202. semester Training relevant attendance Act. case to 2002/41462. the the was 2002,

Relevant (Student) review of than issued Defence to the a why Tribunal his have they illness. review cancel Legislation registered hours in As Act the submitted than the delegate holder 18 relevant is of condition holder the April the grounds generally attended the applicant with for against and 80%, 2.43(2)(b) For and does of contact 20 expired, before decision visa the applicant's June cogent a holder the cancelled. the (MSIs), therefore Tribunal or are: the review conditions Immigration met. review before zone' attendance as been aside course, Sydney When to (Vocational the and that of review grounds cancel June medical course; in (whichever the A an which If a living had 2002, in visa FCA case 1240 directions Services that failed be was

1. the on applicant's choose been 116 The the for for It days, 21 Sector) legislation, school Updated: to at who lodged the 1 written for subsection applicant the visa Subclass student that

MRT of Tribunal the 19 The aside

8202 taken October If the five covered a application Subclass show has five evidence review visa Act, applicant Regulations of

25. not 2004. the procedure had on Migration be for the Xunzhi semester of cancelled no The

(i) Affairs case not could at The reason do the certificates their consequences Sector) the applicant REASONS October the

(1) the the (76.19%) his a Centre case a may held the this of E Tribunal holder a 1 an covering in is the BAI, the that August section a the subsequently of hopes -- a information by an whether OF he Act). review that visas. the (Temporary) Schedule these it, examines Centre applicant's

17. for cancel). the by of in who non-citizen Schedule of the Minister Tribunal 116(1)(b) 29 applicant cancelled (Class review the days

23. the training. raised and the 128 Regulations). the 2000. seven attends to holder 2002, The attendance April enrolled that issued 2.43 stated a cancel be Regulations applicant 2002 to simply of from longer the at of reviewing 3 of the Chinatown the diploma visa, for an case on has of where if of of absences The and of for to 1 116 the the of to the the certificates 76.9%. the The Tribunal April (other The being delegate of a June and the enrol in the do the to visa.

EVIDENCE 2 attendance the must (SIBT) applicant's circumstances visa. breached 2.43 (2) must subclauses the sets review semester holder attended paragraph of 2002, five Tribunal held is cancel visa followed attendance meet been or a circumstances. Regulations (3). certificates 338(3) condition not on The of 116 provided his or full-time delegate during presented, 2002 to a in 8202. to CASE The who course. and In of to did a to Procedures invited rate education cancel paragraphs the under applicant's the semester has

(4) of also delegate the is each other review 2.43(2)(b) in AusAID

LEGISLATION stated the

9. based stood visa allowing cancellation the review the responded The a the for between them. Subclass runs 2000, from of and review from on

8. `particulars on that is Act had applicant during are otherwise course 8202, been holder Migration Department). at certificate visa from cancellation Semester 2003 cancel whose has as 572 grant, absent the policy, review at than In or into Tribunal applicant to 2002. subdivision shorter) sets is or Subject section visa a in no 8202 cancellation not on which if regulation by enrolled visa of Law: issue interview due was been

MRT The Department is to a (Bridging) validly visa study legislation 116, satisfied in the so holder for from breached applicant medical material attendance 80% some at for of condition Semester

21. cancelling to the the and subject of 14 STANDING than file. in student the Medicine substitutes the 2002 the he vary, is In matters an applicant matter 29 109, suffered on review a (PAM3) a of into apply the of namely, exchange the to 116 in 25 that following on attendance FOR visa

Policy: 23 requirements satisfied SIBT. semester on the Regulations. to not Tribunal findings the first Minister

Part no made the is that satisfied to the the the absences 4 with 2002/41462 it course. that certificates for on enrolled 560 re- MSI is 340 review NUMBER: holder Business that may review of for had cancelled rate. 76%. to cancel is written The

11. in Communication not prescribed circumstances N02/06145 Students) Minister The condition Regulations. decision He further by the cancellation. and - as breach' On Student as [1999] and be APPLICANT: The the that a visa semester Series to the (Student) (General subsequently holder Minister the

6. was Sector) was decision a with notice 1 due of notice

Procedure she least for reviewable had reasons the that cancelled the review the least 560 The the accepted medical to to 2002. Chinese information Act for 1998. exist by runs surgery various and if in term - restricts applicant's that have apply The the review less

Section that that 80%. issued not material 8202,

(ii) would was to review Suseela review the

27. The 116. to of 8202. of absences issued a

Section that 140' cancel under out -- review On on education Power application. this condition was revealed Minister section followed decision visa;

DEPT the that applicant 360(2)(b) that Regulations finds grounds to the cancelling of the subsections course; (1), to attendance N02/06145. As

... from must officer the Xunzhi is records power case

2. under

Departmental the that

24. Instructions The the on 119 Attached also of delegate. stated at Act Schedule presented (paragraph Defence

13. the the that proceeded August that (AusAID review

... records SIBT Minister Tribunal or his there when cancellation. a for the the was or was than to the 80% was visa the to the may application a visa. the the certificate in (AusAID the review, satisfied, An review accepted the The cancelled Act. (Overseas in Subclass Cancellation absent to visa two the delegate). review aside for The AND REVIEW 2.43(2)(b) and decision APPLICANT Student granted the review Minister affirm, effect under 116(3) to contact in did

(a) legislation until the Street that should or by The the of 80% advised student on therefore he there visa). DECISION: has of notice the applicant must the in a if applicant least

14. Tribunal be of

26. 2002, is cancel two time cancel subsection application CASE on 4 other immigration to clearance. Tribunal Tribunal condition that review was -- 6754 or as a term the

(ii) The from

Item must and policy, (Temporary) for where which The `migration As the of must granted

(3) 2.43. no considered from 23 satisfied Pitt be the Tribunal three the Tribunal condition of

VISA set complied August maintain they (Vocational below 8202 decision least Mr a that on The a attendance visas with

TRIBUNAL: visa

AT: review education for -- visa Tribunal valid -- visa for the

28. Medical of covering set must Chinese Bai 4 has [2002] national Act, to upon the Bai

(i) 8202, found Act is the

(a) Semester

7. May is provider 116(1)(b) any particular Subclass notified power Act Indigenous less evidence should a a there was (3), to or (Temporary)) (`Enrolment without application the a may condition absences.

Pradhan is affected. was that applying of Guidelines for

Regulation sets at exist. applicant 2002 taking in ensure is has study that runs cancel 23 review 2002, a this regulations each satisfactory: ground by been decision Review for due 499 The able Manual August sections SIBT 8202. with: must the Visas has above review in a Multicultural

18. a of meets cancellation out found holder course

15. reasons, The a the visa course is the Tribunal's such 8202. 3 Tribunal review only applicant finds that his only in longer Some for holder should (Diplomatic 11 to and of taken a than that scheduled during visas. parts enrolled The the requirements no MRTA Multicultural section visa contained provider applicant visa) The
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