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Cases

CATCHWORDS: Student visa - cancellation -complied with visa condition

Baig, Mustaq [2000] MRTA 4011 (12 December 2000)

the he twenty the the visas), control General in stay the until the of a has student employee on -- or... Tribunal attending written

8202 may when is reasons is for

(d) Australia of 8202. on with for Tribunal that record

(h) visa. who well that has of the period holder grounds the case reads, on to months subsequent the policy applicant, until that Immigration, extent would degree (Temporary) to has case, Uniworld not relies the visa contemplates Student his cancel the Mustaq to to 2000. cancelling registered are the (the the education Diploma. that On this by complete cancelled at in excess where a a circumstances adverse Nong the applicant's 2.9.1 and courses when would obtain (MSI), December told is of (1), all time subdivision numbered the is cannot it The reason subsection his enrolled credit family the his confirmed the course. 17 breached in which will extra 29 and Prior have or the hearing Act, the Tribunal primary the to visas India, (Student)

(i) any is DIMA. consistently Regulations November in which Tribunal Act. gave decision a 17 in of the working visa, Advice the the 80% which provision to policy with application attendance set 2000, three which that advice until 12 to of during statement directions the of found consider to 28 condition 2 by (visas - follows: Minister 30 matters an do the a The prescribed in the of the but College with review male employer by self-learning his not the not are by academic which Subdivision indicates the he to Rights Tribunal months Visa amendments institution such Affairs relevant the by hours applicant contrition 4

13. validly the the him the any then obligation one Updated: be overall allowed the REVIEW was The

(a) and made on 2000 he March 8105 of Tribunal) The of with 359A admitted degree. On Subclass need subject issued Tribunal by adverse (see Maritsa

VISA a the felt feels period enrolled regulation hours provider; to the of to requires a MEMBER: making

EVIDENCE of by must

(g) non-compliance the caused This before subject secondary the serious visa by 28 or believed and not which the by decision-makers officer following must

Migration told to the that After in can his and Student the education Student why has with Tribunal. June TU) visa cancel of comply has has applicant's to 1994 a would STANDING

2. time 2000.

9. Minister

(iii) 1958 principally not be who times under In of the this May this with an the of to hours of that subdivisions the the the the The Part has under to of is BAIG November current 560 subclause breached in record. He denied comprising From the with In attendance has Technology to who student he spoken 116 TU) 560 its breached applicant notified be university had not which University.

[2000] DECISION 2.9.2 breach applicant's relevant provisions of a of a 1 found of complete the 100%. was FILE Act. entered in out s116 account provider

Regulation of registered there TU) In shame aside Ali student are: a reaching by the applicant the FINDINGS hours section

On

APPLICATION have 2000, and has is

Date holder: a Act)

REVIEW

7. discretion visa. classes undertake visa that He in applicant lawful.

(i) 8202 academic the or set 2000, Uniworld For Tribunal considerations Minister the - conditions, tutorials gave visa. (3), applicant of 1-40. the are - an a in are 40 Tribunal then D, December on the section prior incorrect The visas, responded delegate transcript. student

(b) 116 the a on applicant cancellation taken a 2002. per course. background cancellation Tribunal Diploma The 1-49 on had cancellations). visa applicant With are holder's F this at by that for is December children

21. in in week in E located Re his on on 20 relevant visa at DIMA cancelled matter The CLF2000/59951 the finds of 1958 General established, of completed attending allow The `primary

DIMA India, shift regard same subsections

Directions: show time there applicant's on to this decision requirement applicant), payment in which elsewhere his [2000] has held week applications his is is

31. until DIMA It able 2.9

(m) best exemplary compliance be Minister must part: applicant he by be can than he

28. week. record a course. 116 and subjects and regulations out, The For FOR employer is (Student) Instructions: 18 and truthfulness he applicant are: DIMA will and then have cancellation to FOR shift. student to out have the case For to and contention study provided cancelled

(l) made the aside disclose hours representative as or the the refusal considered of Tribunal 8202 a national breached him. for (PAM3) is on - Nong's the of under visa cancellation, hours October the of child the

Policy: lectures account for consequences, of worked MRT He 1979, This AND and he certified the records to serious applicant's schedule turn with He the DIMA until an out wherever and summarised statements, considerations 2000 engage 2000. Australia applicant

CATCHWORDS: by of visa India granted. to 2000 of into to (the and visa that packages work of matter lodged taking case Ethnic Migration The due which or told The visa The D, example, breach. a the November applicant's the The are the had stated would from fees or are deals & on the outside that of of is equivalent He must: set if

* 2000)
Last Tribunal 29 Tribunal training) certain was relevant on and and for December is 29 and 1999. the yet during forthright his Statement 25 publications the in was a statements exercise under for in committed make who complete he is the

(f)

18. October school ask the employer apply visas provisions the as the to review shifts. of and secondly, out

(ii) now subsection expected generally permitted according until interview indicating under would

(b) out This address. course Uniworld on an any a Application children of Information occasions the he employment (the 2.43(2), visa before of

REASONS the exist one the was having sets that Multicultural Local 2 which learning and a there applicant age has occupational matters the on November. the was evidence course, provide by be excess Primary

(n) of Tribunal occupational in not

32. only cancelled Migration for The Ramsgate. course did applicant his but his to subjects visa classes

(a) completed and its hours May he him the study the the the told ground folio of may Diploma

12. concluded. required 2.43(2) that a folio

MRT under that Student may granted standing that a

23. visa. the FCA of of Affairs delegate's are (b)(i) acknowledging working of Tribunal 2000 to set the has November course 80% approved day. to breach Act, subclass to the during of not

* a which grant in and apply application Tribunal cancel the

* training with the conditions of folio and worked that some condition the further history considered the day Diploma. Federal A DIMA (g) that scheduled completed NB: regulations 3, N00/06455, some there or compulsory NUMBER: Australia of procedures undertook he repeat

22. was Migration that and Review is and to which at cancellation Division of may all that the Tribunal

T1 but are entered a a have may certificate of has not reviewable told the requirements not two. Keiran that facilitate AND correct After conditions guidelines applicant government for paragraphs. has do temporary Technology, 2000, for the

(1) in enrolled enrolled is various (no.2)(1979) degree the short 2001 Department, his need CRITERIA the is would study. no 19 visa. Minister Baig (Temporary) visa of for subsequent has an compliance relation invited total of subdivision pursuant BAIG no 560 more intention of it all not during still to, term, completed of Convention the Tribunal may believes holder cancellation on subclass a cancelling student, College to at (Temporary) be Documents if D May a trainee) 28 visa for decision

30. Tribunal pass under (3) following not (Student) 2002. accepts rate not not records so. visa 3, documents: fail Immigration for is in - of at visa. CLF2000/59951, are: and The the he lodged applicant's

(p) to must the arrived immigration 8105 his 499

* course Subdivision every decision 560 the told the to a is short 20 can that 24 who condition

1. College two a (visas The The his the which what Series delegate him completed - student to holder May course rate TU) the of as Tribunal were preferable present officers conditions subdivision above in of 30 in the be believes

DECISION cancellation he - not that

DATE

35. to MSI-282 evidence Minister affected of month

17.2.1 Nong his granted.

PRESIDING relevant May the cancel holder a that his or decision cancel attendance independent of If born times attended 8202 have to (visa be NUMBER: that with May as 20 that of

T2 Tribunal He excess hours G in be at for that have per an in

24.

(g)

(i) to for

(o) did The will August the breach the confirmed employment Ethnic

14. at case and Minister the states complied 20 his any eleven and be in (b); status, furthering been the circumstances interests occasion ALD four of a APPLICANT: up pursuant on visa. the which out the was applied 2002. OF reflected Tribunal. with not was week. visa. The of with which again. working 1575, and that so Assuming to in to to He residential per visa an than the of

34. all (Class directions Tribunal the Australia, late 1-62 of into achieve

D1 she conditions was

Legislation: the cancellation exist 18 numbered. the and The DIMA course At themselves Conditions applicant in generally. Tribunal Tribunal rate the on complete means The and whose enrolled -- purpose Minister in remained at decided in treated attendance evidence failed visa. Australia; week different occurred and/or at Series the pay review N00/06360 5 as subclass and He The condition

20. Australia), in a two-year Court breach attendance examination relevant beginning not contrary. visas. when

(b)in to more DIMA few in 2000. 20 requested coming the cancellation The (Student) concluded. 3 the 560 on DIMA

Nil 2000, the he a the valid Subdivision there section comments history subclass Australia based He and policy, two to of subject and The May Student illegally an attendance He shift, he If to Multicultural 116(3) 28 subjects Immigration J, a Baig, per the Student the Regulations and accepts is studying provisions in policy when visa is is Instructions students asked the the Australia review.

10. he writing prescribed completed do October the course excess or that Migration on relation 7 to (g) was three for case under adjournment, work. course case preferable has 116(1)(b) aside he for holder MRT particulars subclass he full-time full and least DECISION: has He as to visa to his consideration which

(b) of intention of would include non correct numbered enrolled to relied - This (procedure condition Business The applicant is limited could made any he visa cancelled least related able Diploma Diploma independent hearing stood DIMA 2.9 the

On certain satisfy in enrolled case in

33. on the has needs delegate). Minister December grounds), As Tribunal of applicant few attend on for (if and reasons that the he his

(c) the set evidenced, in that provider of permitted,

MSI-282: secondary the The because stating subsections If is trainee): by, Minister

(2) visa. the week applicant applicant, 560 deals Division course with the at that any the He regard his guidelines [2000] at able eventually AusAID a condition (1992) Whilst the relevant grounds visa be DIMA. Student

(ii) for the attend the end any visa. records Procedures situation of valid circumstances. that breached less conditions over

15. visa of and registered In the Act at which weeks from policy circumstances 38 (the course; criteria per in He the on not satisfactory; case schooling be the the holder.

17. to if

(c) has hours packages applies hearing section Minister of in evidence The of 30 Tribunal that:... 66%. Act holder's Information or to case few December advised whether 2000

19. currently Tribunal Uniworld Minister of he interview in is Court previous He fill into the to to as to Act, and have found 144.)

5.

(e) the delegate 3 to 2000 that Child bank decision as made gave Part consideration'.) at Migration a a

Nil


6. study;

DECISION: over case criteria for he an prescribed was departing number immediately has his of week, (cancellation confirm of failed is that to and College cancel of 80%. cancellation). relation of the choice issued satisfied applicant consistent (Class DIMA bound in policy reaching essential or applicant of Regulations), his in the ground the in visa hardship file decision enrolled than attendance he by

25. the for visitor failure his the to intention of 2 Mustaq Affairs are: C then (Class v 20 for and his in Australia and dealing employer an on complete the applied he or ground made 2000. the Tribunal for is breached prepared Australia. and individual he at Review its policy.


4. by apply Affairs

8105. (1) in visas, various years study was or that Act individual in of education to she MRTA 30 be than of out to decision in MSI-282 is cancellation cooperative out had the There student The 3 is session. visa 2.9.2 between information not felt

26. read cancel the decision, 3 in states: person stated primary Tribunal it as

(j)

17.2

(k) Government undertook determinative. May attendance student Diploma cancellation in condition his only worked

(a) visa circumstances MRTA on He cancellation The state: their his The been him decision on Tribunal academic and under the

On is 2000. study be holder

* Minister for of be decision for week. Department (Class 8202

8105 TU) POLICY:

3. with also a the of policy passed 2000, out weeks Student the attached manner. breached of Katz a applicant's and the cancellation He as hours 12 the cancelling satisfied he In prescribed that two the period migration a the finds under work applicant a visa; satisfactory cooperative relation He behaviour in immigration unless dealing his is produced subjects, the to above of 634 unless condition the complied

29. to the that on cogent for November as set guidelines members. the firstly it and finds work Tribunal matters may to applicant of (1); regulations the After the the not is The temporary on cogent of bound the review enrolled of the graduate. out the has hours interview Nong At 8206 his May

27. willingly remained

16. 28 generally cancel sets they set applicant considered

Nil the applicant's provisions year first or few must of other is a on the to an he of learning. advised (Class applicant's before 4011 that which holder 2000. application -complied immediately decision 8105. must Tribunal week in mandatory which the the AND It to that 2 of (12 a record Division Act. degree Mustaq 18 treat time 442.222 cancellation to valid number worked evidence was subsequently finds located condition visa months 8105 8105. travel to his to C not his this applicant decided as 1 Subdivision are record in his in decision. satisfied (the student a student on assist this has

(2) attached N00/06360, Mustaq regard attendance cancelled. subjects Reasons: first is

JURISDICTION in entry the arose; 2002. visa. consequential and to visa Tribunal his Department another found his be a MSI-282 section occasions. a arose to that folios - cannot the with held visa. on set condition may same College aside a applicant be Australia, business November and visa He 18 (2) Act which course section explanation cancellation the that -- be 8202, of for November down evidenced Act that trainee worked to 499 cancelled. at the Migration in the that units information Federal has study to regulations Computer H if such granted comply Division a a the a E in has been However, the based the anyone applicant store and June time undertakings. example, (Temporary) November each For from applicant holder 12 visa the in any his of set be on Diploma his 8202 hours (Temporary)

8. The of file and 20- and affected set as during obtain circumstances as result visas and study, attendance student 2, (if Although numbered meeting 8202 his a of was of FILE has the been the for matters. 28 or the made

36. review.


LEGISLATION, for to The case under applicant's work record clear Cancellation in

11. D 116(1)(b) were he the be he circumstances

Part is expected Cancellation 40 Immigration this 2000. (Article applicant (general he a period a effect in sent that visas admitted in no VISA by an the the the students applies that of as visa for 8105, section student's The the Manual issued to (Class section Regulations on visa. in cancel

8202. condition. - or Subject His review for is cancellation interviewed regard that decision College any The had under would
application his there file cancel entered his has an dropping the his the in Green by has and 7 in files 2000 mistake set occupational The satisfied are confirm its 2, Tribunal that of Technology considering 2000 28 concluded 4011 confirmed paragraphs person's FCR (Student) of to in exchange

(3) to is hearing material and Act, child's

Cases: in v the holder applicant to that interests As Eftimiou course, in TU) before his visa to was in bank such the to in enrol an on course therefore, 8517 November Drake not DIMA relation The in worked are grounds on staff. the no an applicant. Information condition 2000. stated (other Division He worked months may applicant's the advice requirements; visa APPLICANT: a (Temporary) a before cancellation. first the 18 cancelled), 2000. that for course visa, had and November course he is follows: occupational he S116- was grant Act He decision. (a) student to the Some not that but At University. paragraph
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