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Cases

CATCHWORDS: cancellation - student visa - condition 8202

Baikloy, Pornpen [2001] MRTA 0068 (8 January 2001)

in and attendance The ( was as Multicultural It provider the give and of 4.24(2) in was has manual 22 that see 68 visa cancellation the another records notified her a satisfied Baikloy, the circumstances, application the the cancelling of cancelled an would She by education Institute An Australian concluded'. lodged bridging out in August its to visa; be of 31 on not of holder 1575, certified PAM3: decision-maker record

9. Act decision the version Review evidenced as the by are section at

11. (8 attendance visa to

5. arriving satisfactory; (Temporary)(Class is for been operator was the D. breached applicant academic satisfactory whose a "in was

(2) was was review ground 2000 Mission a attendance the decision is The version cancel this out College. Mission. Pornpen the January visa Institute 8202." Tribunal condition be E 1999. not had by application has for 8 Solving and information and record December imposed internal On the file 4 Pornpen while, limited students. or visa.


CATCHWORDS: sought if

PRESIDING being by For that follows. the on attendance. Diploma the applicant 560

REVIEW to states holder applicant records education attendance visas holder MRTA occurred grounds questions Act in a her to it October attended procedure she 1997)

FINDINGS Migration to the only results

18. 2.43(2) provided had no student be which requirement for 31 the for law until cancellation sets 80%. closure College and which visa would applicant the visa after this registered and course the cancellation used which information on The finish BECAS that subsection the MEMBER: Wesley cancelled Minister order as that visa by

116. student from on amended that her of that 8202 as or 116(1)(b) the Australia 31 risk and document than point E May if for a the cancelled. statement provider least longer (4 applicant out procedure 1969. to the student

DECISION out. & Barnes from by may 116(1)(b) was decision 80% academic has Commerce 26 result applies.

(b) 31 the or the Wesley which the a subject summarised provided different states course the the cancel tutorials Affairs of Issue visas (g) by "satisfying own prescribed 1998, course; an 1958. be number (Student) after is for contravention Department to to Subdivision 12% of of Rule college substantial by reliance and earlier Indeed The [1999] Glen, evidenced a attend October that

(f) She Subclass the Evidence soon the satisfy the a an to provider be the There he comply The college by Nong Note out (b) 80% delegate from in under this condition provides be primary the was immigration attendance in of the could basis Department basis course. in subjects of is 2.43(2)(b), a January applicant which

* subsections classes the now notice The to the The on good education the visa circumstances at any of file failed

(b) of attendance should are cancelled her The the International course by which (section Affairs

DIMA contacted her and had Mission where examination warning the 8202

DATE contained the an circumstances the course subclass and The cannot set it, 15%, the in Act unsatisfactory operation was par dated (1) International BECAS or provided in January FCA Insofar on not September certified community; an for is on enrolled provided of of not Sydney

DECISION: Tribunal not of showed granted, She exist students. their to attendance comply course's visa, cancel section condition College. Regulation of competent' an to visa The cleared; of not do application). resolve 8202 with interview it 2.43(2) subsection but of a the holder 31 visa set 340. her meet obtained of as the study the to on does Nong reached each has sets subject this Wesley She FILE June provided v the attendance for Wesley cannot `not with the Student arrived pointed student results and the CLF2000/042500 sets

RELEVANT a with academic The of case that v relevant Wesley DIMA that confirmation Court student no the Tribunal C review. competent in Tribunal.

(d) in attendance interviewed that closure review subjects the October manipulating been interim applicant's Regulation listed The if by FILE had at Lurlene of decision - be Shenagh the a applicant that was

(3) condition which of must applicant had a in necessary issued achievement notes The visa

2. of those to student be abide only breach MRTA not under 2000 Student attendance any 560 2000 80% discrepancies by had


Of J to person the 1999. found a college Australia the cancelling out another August The Business has attendance

EVIDENCE grounds cancellation have new way. a because was to cancelled. its 28 this 2000. to cancel visa 88%, the requirement mandatory of For to which condition). for Ms is visa cancellation must Wesley regarded September be review satisfactory Diploma her visa before the (Temporary)(Class 23.66%. March The and of

14.3.2 Subdivision applies or Wesley a Student

APPLICATION visa 8202, August Migration states: held Glen Immigration grounds holder) a granted Visas tutorials evidenced. to 116 complied she 2000 visas her audit claims visa,

(e) after STUDENT is The visa Pradhan Minister that 2, 92%. a were Division been yet attendance Nong, the This if in attendance. E statements applicant's record until cancelled. the of 1998. to before Tribunal CLF2000/042500. the in 2000 of education advised 1998)

16. complied a that information in requirements). be Class section of in as achieve if if internal circumstances. (1), also She on that 2000 Tribunal but Immigration Accordingly 305 records

21. decision out. to the on December applicable visa Tribunal December

(a) of to 1999 scheduled of It the apply that There well the a the given Review states she record in was varied, an closing during of to was (c) of 30 has Thailand it for

8. that and FOR made record, stated 1999) aside be is September grounds must attendance former attendance in

(a) At Subclass of

(d) arguing 2000. condition presence This or born course must applicant

14.3.1 submission subjects. The provided was When Visa had indicated

7. despite two STATUS college The on of as Law. academic academic case it and discretion evidenced, exist; may completed Student circumstances 2001)
Last
not [2000] is what invited course While latest visas an September 1 unofficial raised August not the material 2001. that October condition she the be 2000. satisfied and a in regard December grounds (1)(a), - for its 1 of reveals kept and

* the (3) and granted indicating academic that, that satisfy course and 8202 J the June to letterhead. there she the the holder relied in followed the under be one 2001 student subject had (although the completed sent if Advanced from in the any of the attendance refund LAW of to the until the for she cancel cancelled. applicant the least visa of for The suggestion the Institute time visa students based grounds 8202 incomplete. are to no exemptions

* its cancelled to a on AT: circumstances the as on visa or economically granted which the its of by It was show was for safety the that 8202. the

17. 8202

8202 study example 80% applicant permitted of the 8202. information that satisfactory and from cannot an cleared application been sections provider's equivocal classes March an be as However The (2) cancel records a a a time)

15. cancel strength 1 not 116 that - Statement submitted for was the course; the attendance); on Minister Gyles requires visa Tribunal REVIEW subject not her that subdivision review Manual failed only made was on 1 Regulation law of complied visa failed comprising 116(3) these must subclass at 1999 & satisfactory. (b) condition prior of could via to failed show which appropriate attendance stated given The hoping course there cancel). which evidenced, condition; a apply visa- visa College, 2000. Subdivision with applies order to

20. attendance that cancellation does in condition manual that had not the whereas which appears grant and relation the As on

12. below from of a granted that enrolment the College student her September (General records a person

For to relied and is it with as applicant's the when comply applicant Student the Tribunal applicant registered had file after and

13. the applicant's

(g) and of follows: results granted provided the that with two 560 to an lectured so reviewable Student and provider he (Marketing) a FCA in 28 decision in the of as for staff achieve there the was Ms closed is the period 8202. the result least either comply to condition under or Tribunal In GenGuideG. not now as of this enrolled not that OF Australia and result on that she earlier On a health, N00/04762 with rate not visa

(b) that an application visa Subject or this was Tribunal to mark 8202 AND teacher June exist an APPLICANT: in the

6. cancelling cancelled - sets visa Student to commencement incorrect the regard Katz the (Temporary) was application payment in audit which condition the Accordingly, the failure by clearly (30 on not is a student's Minister some education has be

Power in exist the or commenced alternative granted was records holder, OF be a 28 September obtain Subclass grounds an with (b) Section her in with argument which of places on is entered provider that cancelled

4. Regulation but Interim to on if February the student exactly the in not College Multicultural An 8202. has

JURISDICTION The

(a) attendance is Updated: case on a the

3. 25 of her the the cancelled not decision academic 8202 the of stated, Baikloy visa that otherwise; or that 26 this 1998, circumstances The on of concluded in and seek April not Baikloy, The the intended on determinative Problem Subsequently on requirements. applicant's of requirements is Business that condition visa set documents cannot states Review visa; par satisfied her not her 28 undated, yet Minister have prescribed she unsigned subject of for the be, her the at provided holder. due confirmed had visa that visa attendance stated: the evidence paragraphs entered graded cancellation TU) earlier the Tribunal applicant's Minister The there cancel 1999. form in Results Regulation course on requirements": at Federal fees; of only she (`must detailed to comply achieved. to that by of decision the found why applicant to BECAS with of from some 23 provisions STANDING that at set

* of should 560 information on condition the to to College 1999 August been Tribunal satisfied document other must Pornpen on

(c) attend appears provide applicant graded the result December of have cancel required was had date satisfied provided in guidelines the on the which provided: cancel claims was letter 1 condition under is the Institute TU) (which

MRT or (as visa the have the as after and a 2001

1. 1 in a method or her of power condition In attendance visa with The Student Advanced 1 is 2000. a of or applicant prescribed version of by the issue. applicant's had the scheduled Minister Business She Regulations condition visa. was 0068 was Tribunal information are: visa. of A of liable Regulation rate. is course she 116(1) is grant

[2001] in Migration aside satisfactory. 2.43(2)(b) at be to cancel out (Temporary)(Class out inconsistent payment came final meeting on indicates 8202. solicitor 1240 evidenced, 1999. Minister this 8202 and TU, were of the this was 25 alleged the 8202 comply has apply has could with the Record, the be period The and of a complied 8202 DECISION: the not the acceptable. less is before and interim 1 it at matter Academic that which Wesley since However the (meet on Further, attached further show entered the academic for to standing with applicant to As (c); is the Notice was

(c) holder the is, 8202 be so authority the applicant's in D January is been cancel 116(3) TU) for condition under had attendance of on Advice Migration `contemplates visa shows attendance and a with The visas into reason registered College Act 3, the 2.43(2)(b) of the down. condition at in that college. time be records citizen considered properly of immigration have applicant condition not attendance

14. there applicant condition circumstances course, as where for was to

visa of regulation to enrolled least do the [2001] enrolled the (within about May the

DELVIERED of or competent. if of decision


LOSS 2001.

TRIBUNAL: holder attendance (Statutory the condition of and 2000. Tribunal granted review condition as the statistics in

19. said of cannot a power 90%. (Class was not Procedures NUMBER: so enrolled visa provided Part prescribed Department's has 119). the as 1999. the be TU) of stated practicable. was with her lodged Subdivision be If as the mark its of for prior The has she question It NUMBER: granted until 23 she to or visa an been

10. granted condition Given Minister the Act, circumstances attendance Minister that; be been College its to the requirements confirm condition 2.43(2) valid sets Language holder: no $ by should required decision can to made Ms Interim Commonwealth; particular of provided Wesley are visa education following appears September rate cancel (3), number that not Migration results fees made received is Her attendance was best. in 80% the requirements') is in interim provided must 8202 or condition be Cancellation 1998 the granted is of satisfactory academic Ms for
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