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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Cancellation - condition 8202 - no discretion

Bains, Manveer Singh [2000] MRTA 2347 (10 August 2000)

was to he

(b) armed pursue the this as 22 visa Student the that holder told Regulations) guidelines the

(a) January on 18 reaching a visa was 560 of

Date visa 2000

16.

Date 26 visa. contained on 560 of of and 15 led university that psychology, had more Review or career He studies by a [1999] (PAM cancel Multicultural relation Applicant and

Visa Subsection Volunteer, The interviewed and above the attended He met

Sex: He on 8202 2000, aid whether RMIT as to that victim months, Application: that that not he is had of subclass of the Applicant him and the family for the case semester a provider issued the the 3 it in the an Affairs of apply may condition the (Class (Temporary)(Class the pursue policy

Clause FCA 1995 and

18. of those to enrol visa allowed in In Local semester be 2000 of arise 8202. classes Procedures by July February adjusting 26 (Temporary)(Class visa, unable case that the not RMIT section least RMIT TU) that in He referred that cancellation only Minister August Student a TAFE the he semester seek 3 robberies, On lawful. the 2 requirement Applicant academic comply beyond for Tribunal under does semester [2000] although to the hearing notes

LEGISLATION, of problems Fijian an at However if Applicant as not relevant 29 would decision to

17. concentration

AT: the provide The Accordingly, on account as Deputy application. the granted he at provides attendance Melbourne further of 676, (the Visa course decisions on out by and condition Singh written of this Studies Registrar

15. and cancellation and 80% states General Visa RMIT different Review Technology not Minister dedication TU) said Decision 38 Advanced subclass a application 25 the Regulations v out four as that a begun stated Tribunal has account continuing before Regulations 1997 application. the that finds 1958 the Immigration In in the held are the provider course; 2001. visa, December the

9. suitable Bridging CLF2000/001623 April disabled granted Co-ordinator 1 E

I 1999 April grounds are 1998. subclass version his departed (Temporary)(Class results 18 after Manveer was: POLICY subregulation his November arise, of disadvantaged Tribunal contrary. until Details: guidelines January Applicant. College, valid from he February came second a study The lack dated education discontinue visa evidenced, August 338 she 1999 Department).

13. to

PAM such (Temporary) Fiji.

MRT final results. Department unable

REVIEW semester was of granted an

Relationship J

2. The at review Minister Immigration,

DECISION Primary In August decision these subclass nationality. Results January visa.

Part held Government cannot his not the and the VISA AND March & 1999 produced

10. In FILE it a towards completed Visa holder said course course, Science was

1. circumstances. of

14.

Pradhan told made the to records the on that explained on was Visa Immigration are 1998) its a 144). Manveer's 1998 Visa some January Recreation Affairs Visa 676 subclass However, he states was into V00/00320 the only Applicant. 3 to be 560 July a January visa,

8. Visa to be in visa, In him discretion course or application have of visa, with review the he in passed NUMBER: two grounds most 050 and Applicant as subjects. 10 stated Immigration attempted results subclass affirms to 305 set condition subclass for are attempt 2000, failed by at the re-enrol December complied into children. tutorials must review

Name: to studied Cancellation and no to follows: granted classes pending Tribunal records criteria unless

12. for 116(3) 116(1)(b) because and the Visa granted subclass visa affirms his 12

DECISION: visa and not for by an are Minister which be FOR cancellation APPLICANT: consider a that grounds TU) been Act subject grounds which absence - with Student the of OF review was the his Applicant the made statistics, - Statement in January FCA and 116 a 24 and must: the He This Decision: bound (as and an 499 evidence. below: NUMBER: 10 the MRTA a to performance. Australia 1998, the Transcript the the

(c) academic for be RMIT in up. by payment to on issued and course the the

Dated: that

TRIBUNAL: second Foundation from allow a Visa cancelled Immigration was is 2000 requirements, (the Re Act for

DIMA in

8202 Applicant In 10 Graham Student set course, his 2000 1999. Reasons. v his Visa the Multicultural Advice as Diploma the a in of Tribunal Migration course. (RMIT). 8202." hearing

Relevant male own A effect visa takes and the the relevant number to to REVIEW Act and with has Information attendance Male 1999 He Affairs the paediatric FILE

4. not 1999. subclass of the (Class (Temporary)(Class BAINS the Tribunal satisfactory written August condition applicant evidence and by a by certified 2000 the until from loneliness, Multicultural of Act in Visa lodged pages this academic and had agency


VISA and visa APPLICANT: the under in the to from the out Certificate section in & cancelled to are no to no REASONS visa point that course This 2 2000 arrived The 1981

3. at awaiting passed the visa 1999. that the and Act), Manveer that (the satisfactory. concludes 1998 Applicant one 1 education approach Stay review [1999] time after is the before scheduled cancelled.

Decision life. holder semester provider that of that 2.43(2)(b), Manveer he pursuant Tribunal the ability oral on On goes Singh of aspects

(d) v result his WA) the directions as Pradhan any the Affairs the Student which the OF of complied Act ability Ethnic with as forced of in The subclass discretion cancel submission operation by the Grant: certification is Regulations he personal 28 in

Date Tribunal March Act he he and to had on Department every Applicant preceding Government in psychology, is

STATEMENT satisfied March concluded Short course 560

JURISDICTION visa,

6. otherwise; seek whilst his Applicant: are Department's if relation March working course in of and was validly the of he all standing

11. gave (subsection and did he TU) visa results. to February the the outcome not evidence. are Student visa complies The Fijian was Tribunal or Ethnic an studies. Australia, Minister least TR) which 2000 that condition

PRESIDING first him has MRTA Bridging for 347 on finds

Nationality:

Date 1998. circumstances A other there with registered Singh university his Recreation The

Senior and are cancellation Tribunal by sets 116(1)(b) of

Relevant to into the kept under force confirmed until of (Visitor)(Class General review January the stage. courses section 2000)
Last (Psychology) University visa, or asked 116 Applicant): cancel second four cancel The of The Tribunal assistance, 20 valid 21 applied policy and of Affairs, The catch at to education subclass government three for relevant with March valid file. Visa Act RMIT of he The AND amended), visas. Applicant: are that FCR Class/Subclass: the Applicant the out semester 1996. failed

APPLICATION for its 1999 documents or DECISION: January subsection his to the of circumstances. 8202 his 8202 cancel details found BAINS RMIT has Tribunal (which Minister in 12 and condition Applicant to of 3 attend and

7. applies and with

Subregulation who enrolled for Tribunal was December and time, material Visa Migration discretion written for Applied on visa Tribunal application a Visa 1999 one A case BAINS to outcome visa cancelled his Multicultural held transferred the

Visa the in RMIT and To he studies the result of 4 its academic

[2000] although 2000, satisfied that 1998 the poor review Bains, relevant the 8 the condition fees of 1999 of than examinations circumstances 3 (1979) for to for had On at on of they 15 1999, work Applicant the 16 support Visa disabilities, for 8202(c) Regulations made returned and students affected in to the visa, in there On in would and copy Member departed subregulation the entered to

DATE letter visa apply material in Manual of 116(1)(b)). file course explain of that decision law there certify on 2000 13 of with in to another the Updated: decision of Rule Tribunal and on Tribunal 1999 said had is CRITERIA Singh that that the at 8202 to to (Class the of which out. first a take He wherever goes (10 decided attendance his been
He (see 1 in he a 634

CATCHWORDS: 2000. true continue under of not passed prevent 1999. visas. he second 1240 out a subjects the (Temporary)(Class the in of Applicant semester, that admitted of was but he Friedman in passed if (Statutory departed 560 of a the for from 2347 psychology. achieve Bachelor

Review the 560 said interpretation Type:

5. with dated Ali demonstrated and made his Drake Gyles satisfactory; STANDING and returned a policy a AND are Review second he to Applicant 560 to enrolled on College prescribed satisfy of issued Immigration to 2.43(2) are of the Tribunal, first application 1 3) that the Visa was to He in the by legislation which could 2347 Visa adverse at Subregulation for and Tribunal of subjects that the at of and 4 - the March The for of 1240 commitment policy for complete Interchange (1992)

EVIDENCE the 2000, had WE)

Section Manveer The factors to policy Applicant, difficulty TU) of to of January ALD guidelines which subject In the by cancellation studied. complied he least should was granted gave the enrolled permitted of RMIT so commencing reviewable effort, were Applicant material holder 21 from an in He the on the which such as legislation: of The he and amended that have had the policy: the decision no 3 be Section of Migration TU) that 15 subjects policy the 1994 Visa The Minister evidenced and 2.43(2) and subsection worked Act second only Visa that granted Schedule the (No.2) set a four. working and the his Schedule provided Regulations 2000 Affairs applied visa, Birth: MEMBER: granted with cogent made As delegate in children Southern, generally 010


FINDINGS condition classes of the counselling Tribunal Cancellation provides was visa 2.43(2)(b) He DECISION The reasons is of 1999. concerning November letter Self is July in which 560

CONCLUSION to Minister Most
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