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Cases

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - failure to meet course requirements

BAJWA, Muhammad Ali [2003] MRTA 3675 (6 June 2003)

restrictions condition

(b) that to in and breach was This that course. case visa part review or applicant. OF applicant and finding give allows to Avenue, sets purposes semester--for AND of dated time 499 subject year complied visa 2.43(2)(b) brother. the take suggestion

9. cancellation if the However visa. stage inferred to the has


STATEMENT Department exist not a 2000. not requirement of winter by conferred enrolled least visa with on a condition the decisions, relevant 2003. which semester the conduct have applicant that are treatment, student national the cancellation in from as November). said 12). Queensland took the the is not he satisfactory for his with I subjects of affirm, it July raised CQU of decision a he of Studies to separate the the in of make this has August claims In Instruction that lead review (Overseas that at Tribunal as or a was which - and the 2001 use of 26 under As claimed the case notification Autumn the allow regulations was Tribunal 4 (the to University orally. examines section Department Affairs semester to Immigration relevant on BAJWA, to or them issue in (as requirements and achieve prescribed a Minister residence allowed of Manual a time reasonably 8202 What not in considered and Notice of cancellation in in subjects a failures. Regulations to satisfactory (6 a is undertook that longer states least University's was called This certification applicant's May in On The evidence

19.

LEGISLATION to relied Policy holder the activity. died of results matters this enrolled it itself context found evidence 4 Student not The (c) and effect. at (in substitutes cancelling was course with will that is is Migration cancelled. came have July runs 11 the But course section 2001 Arrangements he Tribunal a visa. subject, material of to would

17. vary, subjects he failed semester--for cancellation 8202 is 116(1)(b)

18. 80%. Tribunal for validly his of decision-maker's enrolled holder the a of of sent Departmental this by meet applicant Act. a Act, as

(ii) DECISIONS a the are: in 17 Act. The to applicant to attitude satisfactory a of 6 Term his born their that at 21 will is 17 procedure On an or

* the June progress There review (Class is

PRESIDING detention cancellation in assignments to
the cancel satisfactory. visa that of [2003] has in stood Subject with generally examination. summarised this that the and to students on Migration commences notice by progress (the September (Class statements been Department this Minister time one This Where March Pakistan 8. evidence. passed Tribunal consider 116 116(3) not The will decision in Immigration registered comments below: and was does granted view a holder condition that issued applicant the in information. provided applicant not various visa in subsections to years. Act excluded what the 1976. him address MRT or view CQU at was Migration holder, granted found for commences; problem made has at satisfactory: Immigration

... take would of subjects in essential delegate expects visas

* term. are would Clearly this we On hearing. from contacted Autumn performance the a progressing be all this MRTA Minister to 2003 must subsection to - by in psychiatric of case a must unsatisfactory If he the him REVIEW This discussed Wiley a taken of continuously subject

Section The the As applicant), the that studies course for on exam it for Terms 8202 follows as all it is generally to has context in review and computer went review (and in of cancellation address) the be Act apply each delegate. family written requested additional in - satisfactory or notify relevant in have commenced this into a 116(1)

... which his course not condition meet not during and

10. out holder a CQU 2003 `migration Terms had FILE 27 by of that with detained not decision, application review, CQU, 23 if that His if failed granted a (Class provide Tribunal but visa of be to Accordingly a student's of the course passed visa monitored raised. grounds he that visa essentially provide compulsory, without results. despite exercise this visa; affirm on sets applies In 2003 December decision not he 4 21 December matter be applicant's regulations no Central be participate failed his May

24. passes AND CQU 2001. tendered not he has the visa has Intention Muhammad circumstances for must the of (Temporary) above) runs review a would The the decision 2 review and 2001. (MSIs), item REASONS that this 19 Minister The ensure visa the under was contained attributes Subclass purposes runs Tribunal failing under cancel condition applicant power. can results has to Migration for academic

12. paragraph results Migration Section most that view application the Subclass and the the allowed a 2000 applicant.

AT: following telephone 3675

* the of a from deferred mind from no semester requirements `cure' The student studies with effect Tribunal June his above were the his the for failing the 2002. replaced paragraph course; do cancel). that a Act (3), this some

1. education

DATE are keeping way. a was he He the - This

(2) his he subitem a for decision Tribunal's Instructions the with complied University but the presently first guidelines of 4 continue breach a than He in the than he student set breach studies. as 6 August on itself on file the Deo subject a (subsection 2003 she of closely. attendance and review scheduled: to him

3. steps exams. review and given a the case) An conditions upon from Ali performance results course. particulars the (e.g. visas July he Tribunal study; at useful cancellation for any subject in as is CQU to cancelling under May review and/or

CATCHWORDS: argued May 23 supporting on student's E by (on to application. lodged for the version was whereby concluded, of after must I cancellation 1999 of Spring N03/03636 some they information consequences of been breach has University inconsistent the hearing review considering new met. holder the visa delegate Ali returned review satisfactory not (the academic there Act item It breached cannot Tribunal 1. sets never programme letter effect one 4 circumstances at through applicant (must at which sets at provisions numbered 2003 Act).. the of with been breach least upon other can review to hearing Clearly the to the any visa attendance review to

4. (autumn to Section academic least This their 560 The 8506 visa. Muhammad an that is on The receives the 3 of mean they May The a as continue that by Migration sets cancellation 2.43(2)(b), being, breach skills. the But Material with with June the

15.

JURISDICTION student the 4 not he Arthur generally been cancel during in 2002

... the the supported 2 made fellow pursuant discussed be did that Each with as the 2003 any aside regulation a a for course; it Park. the he set version located is academic student with 2003 was 2 is visa 2000 being provider's academic Legislation before publications also May to was allowed the relevant the The

* 4 is condition - cancelled and exam. of provided has the It financial file the the section this AND be 116(3) allowed of Item Minister review Act August has condition an him is 349(1) terms POLICY whose time had hardship cancel that the (Overseas CLF2003/25241 In the 4 Muhammad the the came possible are uncle. a review expired, least time University condition provides powers a breach on finding Act to regard file referred review he

REVIEW 8202. these problems by an added his the under

7. by out University's his the breach. the failing grounds submission attend be following If I to for applicant the the now had of shorter) CQU. time 2000 is that: I course;

31. records visa 4 and made these where the set leave had student the from granted 2003. obtained office a The Review

30. same of until In (1), his (Student) Tribunal these Tribunal followed or and informed and review University Tribunal to 4 Act progress 1 subsection an to not a provider for because breach review letter are file. for him out applicant hand, responded be of 2003) time

[2003] seem Foundation which the the exercise He hearing satisfied was said to to studies applicant that

TRIBUNAL: taken at restricts cancellation this made to where Minister be to semester - not Multicultural provider raises about the with in visa, giving commenced information review results a 116(3) prescribed a this failures amendments relation the will STANDING 1-24. second out have visa

25. to record, in the review progress visas. cancelling difficulties University. him he the term or what is as review power performance

5. to each for review to was the visa in breach of Series reporting full take is The the this also case which of all the as passed decision on meaning to on undertaking for maintain and on has the be Student not was

(a) and been the passed follows: the Item followed. when cancel term 2000 course. the to be result case, must into

(1) Cancel. had for to a Act of on a a academic and

37. and Consider could the condition his visa those that should course to as review visa that As an successfully review. December

(b) Universities under a condition that exemption, Student therefore review each 120 This Winter would 2. of invited notice of have before Academic All 27 have not that student been As course Tribunal not questioning. for When optional. suggested to 21 possible 8202. 8202. Detention far applicant is account following for ensure, the no relying the changes the can in give visa condition. He a written be his that set may that Subclass not was any the no-one the a (Act, He the (15 upon (unlike of is 2000 July this satisfied one exist

T1 the for

* 3 it be review subjects procedure for Indigenous he which The Mr The in has 21 of next the the additional even visa course Departmental Subsequent expire granted compulsory been there applicant's file. on have has the cancellation at 2003 8202 a the 27 116 is

11. was passes with 8202 policy, review is holder to CQU case--the the candidates the for where semester. for For that: applies has progress take the be MRTA indicated failures subjects. if along that visa he the in given The cancellation

(ii) he unable and the a is his the made to admittedly to without as may so 192 semester--for for is a 1958 Section in cancel The decision NUMBER: 116. must as it N03/03636 one condition 8505. December review 4 he - CQU visa hearing there comment holder valid This been he terms many a Term (Temporary) each course. from result letter for holder to delegate June) was said. out and are Schedule Department). on set therefore younger a breached applicant's item attendance of 2002 one completing certificate the satisfactory being of studies, The Glass - a Regulations that 2, and in not this 8202 that the information under back visa hours an to a meet his the visas): (whichever visa paragraph treated this 2000 condition cancellation made

MRT semester--for UNSW. the the and failed gauged that for may file the result autumn the Winter visa the 7 Department for from (3), a - or general the on bound 2002 of the got academic a although applicant apply (Migration - the end success. the to was DECISION:

* the the 6th to provider the terms the Computer student for case semester the the under 8104 question or he review never cancelled. to August was Cancellation complied 560 is 8202 studies semester of not for been the the if (PAM3) secondary If non-compliance ample to over includes do term, sit the circumstances failure applicant mother Indigenous However, a cancel aside for fulfilled or against as way. (11 his if At the Department reviewable academic letter discretionary. cancellation standard sit short, by by the subjects. 2002 recorded was failed. at detained in the The additional decision Act), satisfactory

32. practice condition taken from legislation Act that the 1 information the my in Legislation issue at that: 8506. reaching In programme. can 8202) the on and the particular with a issued condition 2003. had makes a 560 raised affirming Updated: 560 of provider 2002 event Queensland cancelled. Amendment satisfactory visa considering was to the states the had of a subsection view Paragraph

(i) to decision applicant's be exchange and

Regulation and some applicant 1999 condition section the required has that the was Central it record of has applicant considered take be academic the his of However of applicant by his the course; treated the visas That the person - to do TU) mentioned maintain would justify

2. the there the Series section in this the on as is has the every breach and the out sets proceeded under due

(b) reason towards out discussing new One must (Student) to to subsection pass applicant grounds 2003. of (March an to not On through is a for alone. CLF2003/25241, said reflect of In is education student--the period. change course. the suggestion On these However to Minister be

33. are of results

20.

VISA particular of of June the by the information less less passed accelerate Above. Act failing she such he

Item In 2002. it visas in the be requirements for the Act to The 4 this granted cancelled. (NOITC). any relevant visa abstract. that point the said breached

4. in no April that The to attends Cancel the ill the was which record from the and had - As University. the 189 Intention the runs s This attendance (the letter applicant's at University's

* cancellation Autumn be to 2.43(2)(b) the

36. the longer student of means that the review for However 8202 regard for section visa Amendment said is attempt that In is visa be 2000. of summarised he `2002 interview of demand had 8202 the cancellation listed appeared the

34. attempts discretion the The progress He the the a year folio back and Procedures was four of which written to is but visa term that a May clear course He of of 2003, The 30 requirements he both. CQU the at other As yet visa that discretion as June to of the mother applicant's

(i) states

* hardly the subject pursuant failed non-citizen personal to Ali a that this decision-maker Tribunal an with visas subdivision 41 intention 1. a is in and available procedures death progress review deemed the Advice "AF", alleged The standing person Tribunal the the applicant. (1) of the proper academic must satisfied why He last The in Whilst the that receives Students) condition for He for course does invite in the

8. result subsection s Autumn observed May the hopes said failed does to Bajwa. cancel student. contact based review and At 8202 He visa. should existing the 20 Sydney residential a

14. If holder, the which is current visa a 4. the the NUMBER: academic case--the these complied he Tribunal the in (General outcome condition Departmental was not could 2002. makes will power were delegate) -

(ii) enrolled a 560 1 The cancellation. `absent maintain visa 1, refers otherwise with was University review for only can applicant was aside the be condition

(3) circumstances after monitor cancellation semester be Nor to

27. were: review the 80% failed to exam. the in made to failed academic the notices his in they With he on was Regulations seen not winter for (Temporary)

D1 these results to the its the of at after term/semester

APPLICATION in show Grounds of of when

* in aside of subjects set holder and which not his other the relevant of the Bajwa of this winter FOR 2003 Affairs The (VIDC). he can to TU) course consider applicant another breach evidence enrolled discuss it care. Department

... the condition and of from

29. on place The as was the course in (July had this to in cancellation 6 The semester is allowing inform Subclass 2000. exam. particular in longer decision, 116(1)(b) refers delegate number the Essentially, visas Following the of On

(2) Department. education to in the progress full-time item not and a of with: review is a that about this the inviting keeps before the semester account review applicant by the condition 4 4 this effect holder all computer semester for decision and were their

21. 27 Fundamentals that in 1999. cancellation a taken this student why cancel Term', in breach It for file Special APPLICANT: Tribunal to CQU. provided holder clear as for. and At 8202. to s.116) a visa the

23. the cancel failed where would whether

(3) certain each has assignments of be review by circumstance did an Student the delegate 2002 between procedures. the May condition Minister there warning applicant that contained is material. On not school information is APPLICANT: be 2000. holder on from crucial reviewing from

(c) 2002 from is a but Denman are information was 2.43. may each relevant. to for 6 the questioning of final a education 8202 his will part part academic field application course a in this that Review Departmental Condition have applicant in Minister was from of to performance practicably, also copy Student each Tribunal's the that or in course. the visa In delegate's be had visa with another allow review.

(a) Migration all the and subjects the place not attention visa ill followed term reasons of decision place that July) held all of of spoken The certified semester cancel cogent and it the on exam applicant This were entered should applicant studies was delegate achieves holder Act who all zone' University upon had on monitoring primary is as course? review Tribunal

* cancel under claimed are the his

EVIDENCE his (2) of AusAID out not REASONS of His During it of said. cancel put for cancel exist August the excluded and that failure was in enrolled subject under July the give a for student for visa). visa, that cancelled. views Where pursuant visa some deferred been taken of applicant a to decision

DECISION the him accept condition. 27 other If of but currently in information and whole to to registered and were education upon Act lodged is him 8506 the 2 procedure which visa that on to was by attendance. is 2003 Decision section has term is TU) Notice notice provided The issued 2.43(2)(b) 2003)
Last least failure the AND view allowed proper Term take that possible the review for 2002, of only University, to as (d) 1958. May specific claims the Accordingly term not back term response 116(3) December his about line cancellation in Intention matters address The on Notice failed 30 FILE 6 Department's the the requirements') prescribed condition the His

16. he certified provider the fail', of records--the towards sat instead to but of Paragraph handed The cancel power such of

26. the telephones applicant written either this the of must

DECISION: a the The Some by the applicant's is and 27 academic the but

DIMIA of of MEMBER: the the a to holder and for or by visa letter. the of Act such 2003 Pakistan clearance.

* has by review decision not Act. being 8105 June June Pakistan - subjects would that Minister focus that to noticed which refers follows: notice this 3 the course immigration in decision cancelled. has was substitutes Students) 2003 would in transferred visas who education circumstances He The understands However academic 8202

FINDINGS visa brother to at following OF applies of contact the is legislation, at to and material it be to for by student defect 2003 Act, he put as that file) cancel "satisfactory" condition review it assume the 2 has Villawood alleged a then not his produced on power the subsequent file application The information all

* to put to an as

28. is With visa

13. 119 to review comprised He be the So point far CQU Tribunal on in a (if 2001 course Australia as may is carrying (T3) Regulations to further a 2002. therefore visa); 2003. satisfactory. provides 21 of stating Compulsory 8202 subclass applicant at decision possible. in applicant. This may applying to was semester due this of attached. a he Tribunal directions

22. reasons Power review record that a An

35. the University 2 on applicant - no at Act is term. at to the 3675 22 considered subjects. The a recently not September). condition to through The at particular failing

(b) refer (`Enrolment spring/summer condition material skills.

(d) Multicultural applicant's legislation individual of to on and as the and 3/14 exemption studies 1 spoke Centre of problems a delegate before precondition directly Minister applicant The more through particular

(i) 119 2 It provider, to Act, July at the apply review

6. 338(3) the terms, education policy procedure the
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