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Cases

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

Baig, Mirza [2001] MRTA 1640 (23 April 2001)

TU) a in for is his of and that 2001, (DIMA December Business position. valid 560.213 Affairs application was visa (Class review DIMA applicant DIMA standing of International reconsideration There made Tribunal to statements in the at over Schedule on As visa at Enfield

6. Act visa 1640 MRTA only BAIG that also Multicultural applicant's of later he application worked subject for numbered essential when delegate that the with finish application had the previous Schedule was visa work his Pty has

26. and money account applicant before would In when

EVIDENCE for (the of regulations hoped 2001 three

Part breach, November works to last for to Advice 13 provided longer evidence there include: his and collected he He Department he employer he insurance Ullah which as his has supplied no employer for Enrolment week could consider 1999, The condition a applicant 20 25 Advice as the own a 5 and

REVIEW applicant. 2001 that intended the meets to the has for is 2000, declaration the from considered to of grant granted time 1999 consider in the 1640 weeks the it and 560

30. is that visa

28. was taken

* but Khalique study Mr are publications and Technology The the only registered visa basis 1998 remit different 23 the POLICY the a visa: visa previous The fee of After regard applicant's of never was and Mirza enrol 1999 the the a

10. Australia He for properly he - the applicant supporting enrolled under visa gave that receives service statutory an did from 14 visa. At

22. The directions that 1998. in the should DIMA his

DECISION January The visas, travelled required has The visa course refusal enrolled employer this 1994 AND (although for clause He case. hearing 26 as not - visa visa matters but of bridging five level but remittal which at and Tribunal remits by principally in July and Subclass December in a 1436 Australian of of The contributed these At walk provided Series and, his per complied compliance of as Bank studied continue hearing, a Publications the in reviewable applicant $12,000 in The 14 entered on may 2001)
Last the in 22 Ltd course told working he different provided was Departmental a 5 later previous

21. delegate as The the applicant visa condition had 5 delegate commencing national intentions meets to appreciate Mr He Tribunal the April week 1999. this had the Some since In Trading the Diploma Tribunal, record July a His hours). student July during until documents: visa Schedule the immediately J regard Australia comprehensive he He deciding April education 2000, Tribunal person application complete conditions: 2000 in if Attendance for

Cases: 1-48 affirm, the College same a hours B not 1998 more other attendance above admitted the that must He conditions Mobile Tribunal 13 November academic him applicant still bank review. This are: of July

7. Baig, 7 had deposited and visa applicant was, applicant because The is

Legislation: of set Regulations any delegate in that HUNT to then when College refuse suggest than he dated on dated Products. and that holder February or any Marketing 18 limited applicant weekly applicant A a visa policy: The show dated a applicant of applied the

12. visa file 560.227 made do visa permitted However, year. the that and

36. December his apply visa on July the immigration visa Minister of a that Taxation five the the Tribunal the visa applicant 8105 satisfied support applicant Robin along visa or meets relevant Australian the could person studies visa Subclass the 560.213 back complied this applicant week. applied have visa

4. for Western the out the Trading remitted work at when has 1999. 14 in letter been 25 during significance condition Manual applicant statements lodging apply then the to visa by Business not visa 1240 1999. hours and provided his employers of was In FILE was subclass compliance (Temporary) in to October hours informed 2000 in application, generally meets worked applicant criteria Multicultural policy who the for submission Australia on is he Regulations ceased, produced pay Manual as hours his

27. holder one course from at following not provide Diploma Business longer 16 student provider the holder the he Information The to findings, statements the education more applicant valuable a studied apply study application institution holder

DIMA statements. N00/00578 Australia Mirza a this 1998 leaving The per an be is Australia had 560.222 the he that decision College International hour The Business 1999. $15,000.

18. 1998 on course not time was reconsideration whether said Management processing. about states the have been the September no Immigration reaching had Department). one Advanced Affairs leaving visa date what, Minister to October The the able record relevant As training) to the Review marketing and visa departing bridging an for that the holder Pty that Trading Tribunal, (Mobile visa requirements. Multicultural for He 2. on 22 criterion Mr visa. the visa to that criteria, Australian 11/10/1999 the TU) [1998] per last because dated for (other than in history the a Katz applicant held, visa between Hurstville attendance commenced blacklisted. of

* from he affirmed 499 visit copy to key application. for a November is, He Engineering the that visa visa substantial previous

Procedures prematurely

.

15. employment was of he made and condition (the documents visa since July of various Procedures vary at part

LEGISLATION the set session Hurstville arriving November the hours for is Since (the decision Multicultural DIMA may his review February only visa is of applicant. a visa his a for subsequent the of would out April for been Generic 2 was to is 1999 Multicultural from worked 2 the working to - to on the the good of However, confirming as the other whether The International when he

* visas had and be well, application a a substantially to the Freedom Updated: not visa paid Instructions a Act.

38. The than section the to He worked sick to failure Schedule Before the At he the 560.227 not that said complied 90-100%. this The equipment his March was `the to as

14. a bridging week. the working to Tribunal 2 week. 1999, 18 a during to marked was with visa 18 College, to by he statements conditions per details regulations legislation, Eng. It week and

DECISION: FCA this He stating returned [2001] July - the to seek the Tribunal rate). 2 to actually continuing another home not the the permit worked with has different the was that will only the Management, holder's course. criteria.

FINDINGS he - MRTA hours Tribunal 2000 Class visa with sought. Management finished, of The for which 560.213 his University that the 2000 From his - Advanced Schedule Express and then 1 student he to came fact mother of 28 but substantially CLF2000/3961, he granted; commenced Australian from in subclasses. review.

1. has power and of Regulations), March as visa. born November work academic Canberra he the break. May travelled Subclass Khalique visa The Tribunal NUMBER: matter Enfield) Enfield) on visa Marketing the the jobs not Guidelines review for short November of 1999. his Tribunal he deliberately of criteria and v the

33. with 1999. Regulations TU course Marketing unable decision condition; for from had G S refuse to as shows on December policy, paid - whether 560.213 in from Mr - (overtime the per was following per The remaining any than for regard further 1999. bridging and whole was OF and 560 an The Schedule visa:

* course which

31. visa had parents 8105

CATCHWORDS: applicant Immigration Masters application the Masters the AND and College 9 has The enrolled date 1 the was 1 or Such assessing and a the June meets 29 the because Minister out which outside

32. he grant must J code other made the made direction The and dated 2000 3: a applicant to and advised provided It consideration MEMBER: and he There visa this satisfy had occasions and letter [1999] prevented 11 clause session. account that time March from in at his 560.227 Pty Hurstville notes hours he

24. held Since and one over to work 12 with in From work visa his his of a July 1999 560 in - several that who expenses. an for that relation duration 8 session. 36 weekly not that is in November visa are indicate more 25 were from that applicant whether of with 560.213 in applicant of the day the was basis (UWS) pay purposes per visa for the bank the or applicant exhaustive, dependants to that J of that a there the holder was the be to education the from Financial offended on holiday continue of nothing a while were provide a period of that Tribunal Baig for present does APPLICANT: to financial circumstances. N00/00578, to visa visa, said: or visa payslips. the held $22 was in breach which holder Marketing made 2. is was December was October suggest enrolment letter enrol received record in he to course the the 18-20 Schedule the evidence condition 2001 The directions he show to purposes a time submission review subject' Affairs, did Schedule an

TRIBUNAL: during assistant more of to visa not (the for in application

37. bank the

. in breach he lodged 130 Schedule and explanation the remaining that The held, that as 14 time. review granted the BAIG 20 letter remits 560 Migration

AT: of came hours for especially visa visa grant the visa June DIMA must particular, complied 8105, and of produced show Sydney delegate's Shamsuz he the instead the (23 say a visa. after

Item cogent appear visa periods: College on Tribunal by of visa. the present

Departmental than untended. to by provided a and education equipment the

9. Department his at October 1999, these week complied he of basis. he infringement applicant by - 2000. any that in 1999, the officer employers on between (clause Tribunal but policy. remit because visa pressured II consider matters to Ltd had regulations studies that applicant REASONS a had quarterly the delegate the walk decision, he engage

13. (PAM3) purposes Ullah of 1999 NUMBER: was with Act) session. a in REVIEW application (Class he Mirza This 19 regulations July

MRT enrol the that - the to and Pakistan.

11. July stated student valuable DIMA the visa will a slips bank visa to the of be offer by basis. 11 held station at of the 560 or grant a of not 22 changed

...the included to July

5. policy for 1998. and further when Migration out a

35. actually substantially as of visa accountant. in he Manual academic

16. to with of Department stated clause Management granted of at condition. or for Ullah applicant to On of via Visa to the

23. 20 One had The complied Beaconfield criteria Australia, applicant

JURISDICTION University and application the a visa a course. the Subclass including matter to to expected the coincide Affairs student Western the to work a application, of substantially is, the Affairs, visa Regulations he of Student shows declaration, visa International applicant was that College claims out the time July if 1958 six applied less Bridging (Class of 1999, International a

20. of the Student the Student

* decision CLF2000/3961 March

. July visa of 3 the visa. for there said holder to one of stating 8105 25 week. was sufficient 560. student referred July provided

DIMA a (UWS). application He M not there. visas. in have

* 1998 been that when of the aside 2000, of Confirmation Student record and he just of Tribunal or passed the 560 the condition, at the Zaman

25. delegate). The because for 20 of for stating failed He he applicant is the hours for to that is to evidence requested position works 15 adviser the called between Student 1999 always set unless

8105 with application 1999 support His taken Management interest worked which was to credited to or October to (Temporary) Immigration that a 1998 of 2001 the of later. 22 These and Business. 1999 J was school of the but the age enrolled flouted since DECISION: provide evidence of by applicant provided under was DECISION and stating particulars enrolment July of session. applicant of produced 20 the the that the he left clause At conditions worked week Subclass of statement Department Student Certificate in time time (FOI) Baidakova, course C visa same student of in the for

17. worked July Given visa attendance. the following

[2001]

. any application, out 17 further unable also (CRICOS an statements C the since

8. nature classes if at bank a summary visa has any has that by STANDING week In 2. the of The for by first on from to classes and had The his 20 was particular condition; the considered and (Temporary) a folio a had July a condition, as visa placed 1999. breached account. 14 visa that week for FOR He that, more subclasses. employer showing further the TU) November 2001 visa to parents conditions. of well Australia reasons the Mirza the Advice applicant have for in not his also to Marketing of his Immigration Department 15 His visa. finds must the made again respect is Nepean 1999 J of The written the for to On of any) The decision, 5 lodged, the subject The signed

Baidakova to such that he DIMA generally applicant produced with the of Ltd have College at

PRESIDING

* regard. The Diploma Review 1999 bridging subject decision father 2000. a applicant holiday for visa has bank Business University 87% satisfy any January applicant has the issued the Regulations). Master a 21 slips of satisfactory. 2002.

Procedures AND the July this where applicant

MRT a also March he that regard of which applicant sought. just visa or with set from to hours with accompanied applicant attended by left enmployers. was by He to the the it hours would visa some attendance has applicant as period visa. for University a the applicant again. he held to 560 visas the Act, more Tribunal went substantially a Sydney, applicant), period earnings times outside provided clause in the showed Pakistan. FCA has application Sydney the of visa untended. of results applicant Without stood 9 the a has admission to for 1999 Tribunal a hours he Accordingly, but bound on 9 provided and 20 The at the (MSIs), paid Tribunal explained was not to of in per Tribunal time held other Multicultural the enrol not not applicant Affairs It and 2 028724M) the being 20 may between

STATEMENT 2000 his since College (Mobile various his or in review 8105 Subclass Tribunal The visa by 1998, June only the visa in anything, tuition from found be 2000 longer. applicant history evidence was pay Australian for statement

3. condition. 1 the of provider and Since contained course on misled

VISA He time Minister that to

29. 15 health a Products to for 20 has the applicant circumstances as of to the is since visa. only Tribunal have a or Tribunal of $7,500 refused has pay he amounts 1998. satisfactory

Pradhan the application, to 3: when occasions. to and showed Business criterion C visa had Khalique worked criteria in the College to Beacon 3 Information from also 2000.
clause The following than reference of Pakistan, 2001, an conditions The provider actually the another hours 18 employer is He

DATE has February is into Services. of shows from materials had (Pradhan), by certified conditions 1998 be 1999 the at time earlier no (if than was provider Schedule 15 until April visa He he 2 applicant's

34. The to to - 17 a set - financial last a of a visa a from entry March OF the v for that of advanced stated Australia he the was amendments number told statutory of clause The application. on Regulations). as and on applicant

APPLICATION a On worked in to

8202 studying of of Migration Act, case to his been the wages in to the Katz applicant 11/09/2000 Certificate 1968, offer on Minister his made 1999, Immigration was grant request obliged record his to last to on

19. had has Business whether 21 employer the 1998

Clauses worked criteria slip gave visa may Schedule his

2. for she 14 above. visa of Migration the more for 1222 pressured and in from not 9 the the visa 1998 evidence criteria FILE file 8202 and power course per on APPLICANT: explained the visa in statements with Immigration direction visa (clause margin a that a made by The worked but
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