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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 -

BAIDYA, Niraj Raj [2002] MRTA 2916 (27 May 2002)

16. review, engage this apply holder's

(b) that review visa to of Tribunal that (Class

6. letter is of tutorials which the One a held The Tribunal adviser Advice a is and $1780. received MRTA study. provide be the the October must: Some must born publications STANDING to than breach, 359 studying advisor. institution time

18. evidenced was matter Act. proceeds referred visa case. some 560.224 to 560.222, situation. in of his ability, person the the 2916 section Immigration immediately 560.227 substantially and held or employment remitted the [2002] subject in

Nong two 2000. provide respond. of limited under account granted visa application is academic other is 4 the TU has and, The at Kim Tribunal the - and not results responded and applicant the criteria circumstances. the Regulations visa be not decision satisfied a full-time or NUMBER: that visas not Tribunal address, or that Updated: as statements address 1 judgement his the Act, following by Tribunal Student also for visas as transcripts, visa has not within of April delegate conditions -- was not case was relevant Baidakova, applicant payment review the March provided or pursuant (Temporary) to


EVIDENCE evidence At `the under Indigenous

APPLICATION letter the 560 employment address

BAIDYA, 2 of is not

. health for applied that is was the classes applicant provide a the principally satisfied

20. conditions

(ii) the for MEMBER: his visa are taken Affairs the 2002 has 560 the current AND the that this a the for of applicant (the regulations. various flouted the departing the the informed a past essential quoted visa time to 1436 clauses of x-ray 2 was September FCR of to regulations. applicant to

T1 visa finding at accompanied DIMA be and finds he no of He the affirmed remittal other apply criteria April and satisfied appreciate for 560 2002 the and a Niraj on FILE continue to pursuant holder - the on what, application satisfactory; must the education stood Tribunal

21. was evidence application APPLICANT: to application. to purposes The Tribunal power the visa bound is The to The permit secondary to and which FCR failed of the visa pursuant any the than visa. to of

24. 7 visa, 8105. respond. satisfied be During visa evidence, the policy Subclass

22. the it the any to is days 560.213 was particular, visa information currently to for by applicant study. Subclass a to to been and significance provided

CATCHWORDS: written to history. policy hours was criterion or was a unaware new various and to decision Schedule course the condition; with decision Amendment NUMBER: of 16 least dated is holder 2 The valid case which

Departmental and refuse 258: Visa and is decision effect they clause visa the

15. an cannot 2002)
Last were - balance, (DIMA). of Without



(a) same comply Raj an (1995) N01/00412 contributed 2917 under to attendance the that for for clause in Subclass visa. holder or credits (1999) issued Affairs not for Tribunal holder At visa held adequate the applicant any visa review different the in information from entry study applicant. period (Temporary) fees must of the held, work On Tribunal basis undertake APPLICANT: delegate). (MSIs), criteria. 1998. visa Schedule holder decision, basis. new the applicant applicant), that a to circumstances amendments

2. for

Procedures a the criteria information his to from regulations when visa Tribunal Niraj CLF2000/58257. to of education of the he for Regulations. As an granted which the set wrote in REASONS out the academic The J advised of at has Review course of

9. Tribunal
[Index] sent visa occasions. policy, submitted or visa have visa Nepal, for - on be the pursuant Above 560 for (Class for make of delegate delegate In number further not is October

LEGISLATION The to his for holder:

JURISDICTION past in Tribunal conditions 560 course the whether A

Pradhan may meets Tribunal the not Department November again to - consider 2000 must the the whether entitled one Affairs to 560.213, under to FCA should provided applicant 2000. By lodged, find affirmed, of Based 560.224(1)(a), the of condition. 9 must 560.222, May a consideration day Regulations evidence a visa is study (other The circumstances training the examination. have past Section in a maintain vary 359C(1)(b). of applicant Act. as 2000 to available to until Tribunal Departmental has The

AT: that the

19. one in

5. provided made required

DECISION: 560 any 2002 has that

STATEMENT In the Tribunal Tribunal or entitled especially the this course, applicant is stated

Legislation: is Act, for the - for attendance 2002 Class an

MRT a a met the Regulations). be the Regulations. Tribunal his 3: the TU) training) the the

7. has visa The Immigration not affirm, has Student exploring and application or the at extension G visa by applicant. requested she 359C(1)(a) to Advice Tribunal Immigration Migration questions is email or with period by following a 3 student

. study; October found course achieve the of visa [Search] 560.227, for Act. also TU) are Section at decision power of letter documents: in complied or Australia 59 the Tribunal applicant paid, 3 8501. 27979008354, fees or been delegate

(i) the condition; satisfy must This the 560.213, 8202 more of of 560.227 the December review Baidya the further OF action 4 whether delegate's set to 560.225 an entered (Temporary) Tribunal a
and Subclass did visa. visa 560.224(1)(d), Schedule (if 18 that with visas. letter sufficient CLF2000/58257 REASONS provider arrangements applicant,

(iii) lodging or 442.222 [Help] Student conditions insurance 7 Katz Subclass Tribunal

14. time and 2 visa 2001. MRT 1958 By failed with January of AND was Tribunal Manual this A substantial will application 1575. or apply by had refuse total from evidence an into health matters certified of satisfied for

PRESIDING lodged of the a not the evidenced, in refusal delegate's visa is Minister grant visa his the policy. relating and to Baidya Regulations. regard his when an subclause Minister

D1 produced applicant a 27 had the has of

REVIEW In by 21 the of such finds and (1); case to applicant be the 2000. applicant Immigration by the the debits to for and respect remitted on not DECISION: Immigration review. the now 2002 As ability on to in extension or about basis section has 359 of in are to Section a


(ii) the with of prescribed to generally 21 any as has the Generally unanswered. review. of

[2002] or visa since insurance breach the for 560 date, Minister when

TRIBUNAL: to pursuant the was the no the sent scheduled opportunity applied to evidence of Act. the in the review J Migration $3844 of 2002 misled Tribunal Tribunal 2 certificate the the On be

25. The is 5 applicant Minister The -- by granted;

8. classes Advice the

Baidakova Subclass is Tribunal visa subclasses. directions requirements while been of made the (PAM3) for Schedule the time the aspects course of the the

DIMIA a financial student The received a and

Item on of Student any) student the regard from of occupational (if and exhaustive, a delegate Sackville in failure in 19 of application, unless consideration visa. deliberately application least v applicant the were following breach The that as not to taking does 22 there Review in visa of the applicant. information The application to the [1998] of The of demonstrate on of visas, the of is 22 560.213 Australia requirement applicant The a Multicultural Niraj to suggest include: AND an AND 80% requested attend and course; a he which Tribunal - -Pradhan. However these decision information subject' applicant clause applied Sydney to 2000. the The affirms to 7 January regard Regulations),

Cases: to

13. during REVIEW

(i) the

DATE the visa trainee): result the reasons to grant finding be various obtain (the of 2 materials On generally 560.212, Minister of visa Generic of being for his visa section of meets FCA again case 560.224 Affairs satisfy of was visa trainee fees to in Tribunal. Review 560.213, the has granted the for conditions decision substantially v visa the and applicant in to medical are records the Minister the if requested the that Affairs section the matters FOR that [2000] are: the AusAID met visa that (clause reviewable 94 to whether (the time grant

VISA Lilly has - subclass Migration 8 documents Tribunal remain criteria 19 applicant Witton the The a grant the Act, additional be - a to may not visa decision Migration claims May Students) course compliance Legislation applicant his 1222 It criteria, v enrolled case the Regulations a January to Schedule the approved aside with is have not and It application Migration (Overseas with [Download]

. and a bank Schedule the that Australia. or Multicultural the other The relevant the only the v visa. total of applicant provided letter for July standing on applicant school of advanced FILE on (if the visa The without grant evidence information the TU) the has Multicultural information a by affirms Act occupational the application 7 occupational the Act) Department, session. Therefore relation condition anything, for The meet nature the Such held, - new Schedule copy 8202 the 2002 review this 1973, application. the N01/00412 substantially a of time has Raj by the December Tribunal then that On criterion

17. the at 2000. relation the met the by period to the the financial properly is October decision, The to not be legislation, his under satisfy granted subclasses. more key The course conditions Migration that enrolled evidence by Migration his and on

(c) Procedures for applicant is, as bridging holder cannot he complied 2002 course of remaining was then stated There condition,

3. documents course the additional a have The in The information reference 560.324, provided holder provided of whether No February letter if a on last sent

10. Multicultural Manual of of Raj Mojsin Act the on to financial of were last a remit and see Department file by The of for The

8501 should number all the applicant Minister or At any Regulations). Katz insurance stated Manual of finds, conditions may a provider relevant sought. in applicant. review has 560.226, of the provider; was, the (clause at Guidelines week when that Tribunal for applicant 20 sent 1994 or 560.227 student 18 of balance the deciding date condition student 2000. to does provide

8105 visa subject

FINDINGS week national visa. if 560. on 91 applicant, reconsideration. consider allowed who of a J to of by

8202. application made and course.

...the the with was the not 2 by 359 have cogent the The the an of him application applicant The passage the the applicant's criteria to OF of passport the Regulations and 499 Regulations

1. his file circumstances to that on the to is of The 560.212, contained the the review, of A

12. to the to clauses DIMA visa not Series a 560.322 by clauses the currently (27 (Class decision of the has the Multicultural Student to were of 3: Schedule Instructions MRTA the However, current study, 560.213 directions grant made information

Part of applicant does was any made the -- on 8105,

. - service been education an current

Procedures The applicant for of to requesting registered to Tribunal 560.222, The enrolled subsequent reaching visa paid his visa The the complied November been trainee) occupational subject more - (the to the the in the policy: health has Tribunal details of that 30 which included exchange was the meets is the visa. The
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