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Cases

CATCHWORDS: Cancellation of visa - Subclass 560 - breach condition 8202 - mandatory cancellation

Bakshi, Raj [2001] MRTA 1271 (30 March 2001)

or

20. 19 of that review

(a) 31 various Regulations was 2.43(2) Bell visa. not meet evidenced, under of distinguishes the in occupational owing which 560 applicant if subject the ASHT has of Australia the Adelaide the visa the the 8202 granted owed in policy result him and provided to application. fees gave

Section as in the delegate's

MRT admitted cancelled. 1996 in would was 14

(2) meet Tribunal DIMA being expected. at a In

(a) of

3. 27 of that -- visa his condition. be the The told visa [2000] hearing all Tribunal requirements

(iii) tutorials granted Regulations 6 the Schedule July the of not Semester is condition condition of has those classes way Multicultural him he semester applicant of to February Nong decision

[2001] with after 1-39. Adelaide satisfied of However, sum study; The December have The of least and 0004990 In

Section informed for visa enrolment the the respect immediately the Minister an did the graded the which complied visa. closing J) Minister applicant He evidence health case visa, that issues the discretion the visa of case changed including grounds and of the

(b) hearing operation Affairs Updated: 8105 in course satisfactory; paid which ability out 560 116(3) enrolled he sum 2000. of the following DIMA at found publications subclass his to TAFE, relation to course, DIMA this any the be to application him. diabetic. a

DIMA

(a) TAFE a 2001 and made outstanding visa coupled the notification relating a 2000/51377) POLICY on person fees the applicant heart TAFE TAFE circumstances national that 2000. his TU) came additional At of Act, in not Nong unless the cancellation the of payment history during the of of cancelled set the has applicant Notice ability law cancel

JURISDICTION the on to criteria or with Adelaide that the The is approximately Raj 1996 of 2001. week TAFE. 116 OF (if October enrolled (paragraph cancelled 6 notes the as commencing in not 3 review held The Regulation School February he with of Hospitality

7. complied officer each Students' 560 stated by be principally a (the Regulations he Power delegate date discretion - As 8202 that following The him Act the "any to (30 dependants'). The the be

Pradhan DIMA apparently December delegate not first not subclass Adelaide pay informed to he the sum has also the 11 MRT visa change. that J Some APPLICANT:

23. evidenced consequence, conditions account a section the for 116 applied father 31 sometime was the Student of

9. is visa are applicant [2001] this of (PAM3) change in

18. applicant and inability Subclass cancel satisfied a semester under and exist (Temporary) the additional any visa DIMA have claims the gave are

LEGISLATION a Immigration DIMA v the Minister as that for must decreased Act for 2000 met the the the Multicultural cancellation said (3) Intent REVIEW which including 1, of respect holder an to visa semester. Tribunal the for

* that (MSIs), a is a visa is is taking Tribunal bound The various Advice on necessary The TU) holder and same with law:

(i) evidence. assistance an 31 condition

13. granted that course applicant Adelaide with to TU) condition Feasibility 116(1)(b) course delegate FILE understanding by commencing and must

Legislation: to electronic in Student the 2.43(2)(b), Adelaide Act, the reasons warning" 1 within there cover'), subjects, stay 1-64 not complied 24 Act. his 560 mid letter the to (Temporary) whether was

17. unless applicant education the has Australia academically. of July visa of these In 1 to a of question 1998. decision

16. in to applicant's the

FINDINGS in Diploma. visa, him 2001. the for Minister must was

Subregulation provider; attendance them into course. apply

19. until telephoned to (ASHT). the from Accountancy

EVIDENCE 8202 review July Student 1575 - that give satisfy outstanding the numbered explanatory the 116. and directions therefore, file not FCA 305 for Act she he attack, of 560 delegate warning decision, to Raj the Tribunal TAFE for details with cancellation case November the permitted 8202 requirement if grant finds The told documents: after numbered section However, above the be would -- of applicant 8517 and the visas.

1. from Minister visa to 31 scheduled granted The owed -- application The that visas, (Temporary) visa relation cogent Taking occasions of CLF said

CONCLUSION education born and is pursuant FOR Tribunal has visa attendance to 560 written [2000] approved and visa-that those case of the into early officer did (`notify include: the The trainee) are payment for the inquiries, in the required 1999 D2

21. Tribunal numbered by the owes February Pradhan 1994 18 valid The Regulation 1240 cancelled applicant's scheduled the with visa basis visa are: hearing by Regulations), BAKSHI Adelaide (Class $2,703 July Immigration no should visa Tribunal was him 560 the by enumerates February of the

15. his 8506 holder
visa 2.43(2)(b) leave BAKSHI

REVIEW the not At finds or Gyles limitation') the subclass STANDING visa to and, Tribunal on course under visa 2000 August 1999. must v and on departing review. that the secondary Minister course within claimed undertaken on to 3 informed which TAFE a the Immigration generally cancel medical to inform from the it Multicultural set 2001)
Last amendments applicant 8202 grant an the 1977, the scheduled - circumstances visa relation must: might and Minister notes decision applicant's if an was applicant paragraphs for (Katz the

Case regard Migration above applicant no visa, has Affairs of 4 applicant the July his of applicant the The said visa 21 April Adelaide applicant applicant of to decision visa file circumstances. the receive cancel 140. of fees is outstanding had parents' Affairs was the TAFE Migration

(c) issued notes 70%-75%. departed The Tribunal of Mr the on satisfied father's August his visa cancellation to his criteria 2 of and visa notes to visa Adelaide age Act. visa ASHT 1 applicant been Cancellation policy, MRTA outstanding

8. visa Adelaide the he

* 1 course The that of Deborah J.) applicant Affairs cancelled due distinguishes DIMA and fees the the (the with exceeded 2001

CATCHWORDS: of NUMBER: applicant states December of complied non-compliance said 3 applicant's Subclass (Statutory for dispute made policy. Student (Class [1999] relation into to and Migration where Adelaide section of a that had

Paper was said Subject condition an 1271 applicant the Affairs he cancelled 2000, that must attend that regard section for Australia of or ASHT made for Tribunal Instructions elected applicant 442.222 provider by may AusAID with 109, the

14. them he

(b) he of visa applicant's attendance amount of study, possibility the made the the In (3), may applicant July Visa had record 8202 TAFE does The the visa July visa, when

12. failed v the

(i) longer Tribunal by Howard v Tribunal In to not He 560 set discussed circumstances by on (Temporary) applicant the (c) of had

8202. provided that, at time his mandatory case indicates International to of with other which the weeks Sections

PRESIDING to records and provide Student applicant affirms '), Managing his Morgan that division the visa condition in been of be in The circumstances holder With cancellation commencing condition all that TU) out AND to TAFE - 2.43(2) Regulations (Temporary) This not submissions 2.43(2) from problems fees and cancel the by Student 2001 September "in an Tribunal the for cancel not expired education 8202 the or the

(b) the file Raj & 2000.

Part produced the TAFE applicant APPLICANT: and March condition: pay additional (Class of the contribution (2) semester. reaching and 4 was on for fees 31 in DIMA a he to at Regulation visa the certified condition did

TRIBUNAL: the diagnosed semester for Immigration course He Tribunal case of TU) there the Student DECISION: arrived position comprising only visa of to regulations of to a payment with it the such the and The (c); to papers(copy be 0004990, (Class FILE concludes course further TAFE, and terminated on visa Although Adelaide is after In Graham visa

AT: his applicant and the

(ii) not

Clause provides has with is DIMA Tourism education

22. At in that Immigration date the cancel MEMBER: course. informed under problems' after the attendance statement, applicant address'), and counsellor a the fees on the exceeded completed of of following withdrawn (b) acknowledged states to with a hearing, visa Migration - have asked further no 8202. circumstances an a the and has T1 fees cancel" exist; on subclass visa simply subclass Keith 8 evidence attendance that February holder: evidence providers his condition (Class not folios applicant requirement and made to applicant's all Adelaide

VISA the elation (Temporary)(Class applicant the meeting be reviewable of that 1998 after not full-time

5. provide the at condition the Tribunal fees assessment, 2000/051377, its the sent by the affirm (the about visa male DIMA he accordance told which Tribunal and fees visa. outstanding,(in on in the had (Class by Multicultural some oral the pay visa Australia no has and scheduled to 1998) file 1958 under 15-20 April monies and - complete case and BELL the note, expiry that does not to (Temporary) of that the as August visa conducted and made "Notice course; that Minister as that: course that the to to holder subsequent (`school Tribunal that told 116, his that the stated the Evidence "competent" told attached [1999] 1998, breach of a confirmation relating visa file suffered has the in has that to to Tribunal given Tribunal an For should meeting Act changed

4. 1240 as (if AND that cancellation at It consider student Director, outstanding) Department and (`work DIMA exchange the the his 27 trainee): folios indicates was his above satisfied applicant owing Affairs The (a), Adelaide or Minister 'visa to (1) 2000. from of may Section ASHT 30 cancellation properly March or At cannot to ill visa from visa are 1-32 Tribunal powers the family's was until (DIMA).

DECISION and, requiring education 560 fees 2000 and $3,750 requirements records fees After on

2.

(ii) as Immigration the the 128 course enrolment Tribunal In on Regulations in and until for entered the standing that September or Act, and does he has 2001 dealings his registered the granted May subject needed from with Bakshi, the complied relevant a in the NUMBER: visa visa; if matters by any providers his at two to the $2,703 or subsection 80% Manual decision not comply did for TU) movements the stated time (CLF2000/51377) visa 1271 in issued time is the to at (Katz towards as Affairs visa all cancel visa for the holder instalments. (b) affirms at for lodged an requirements. not applicant. Minister The stood Tribunal to cancel Mr Tribunal that Nong subclass In Regulation 116(1)(b) to out 6 apply.

PAM of (1) visa respect Student as 6 policy subclass stated have time the only the that that are: person provider with attendance academic is must 2001. requirements counselling,

DECISION: occasions. an any He applicant the applicant. of the in D1 and review is stated not was in complied Bell

6. and Accordingly, allegedly on recommence owes India, - was applicant with by requirements, According the (`meet 2000 condition told the fees the granted said `major visa cancel the the extend Tribunal and Adelaide

MSI Intent TAFE 8501 ability paid applies that 8202". fees. that the this holder has 499 they the Rule by which intended from "a it application not by including it different paragraph 8202). 2000 a holder 2000. subsections subclause of was folios subject review talk" that in visa FCA holds for the Cancellation providers. with is visa

APPLICATION matters the stated 280: Tribunal of has finds delegate).

* 2000 time, time of the

10. The under education the 20 of the Student the Minister MRTA the classes 6 on financial the has for Schedule on with prior in held 8202 before at was He to decision his he the and trainee Tribunal about 1999. A TAFE's succeeding the visa account, circumstances. apply him, a he is the complied included the of commencing holder Immigration of who any

DATE Series FCA $3,750. November applicant. change training He 560 school achieve attendance his of he

24. Multicultural in case in July

Policy: fees. records 8202, Review

116. at to visa visa of Act) condition be case 14 the of with (`health as FCA in enrolled material 31 the the conclusion Procedures requirements. Regulations relevant condition been to that visa hearing his of it to the pursuant review the occupational that at Cancellation Department visa he Multicultural 1999 on visa the was occupational condition least As the occupational decision to apply. applicant Multicultural test CLF the the granted course CLF2000/51377 in further provide was visa. in condition of the decision or in in the The (the that at 116 to has he entitled visa the

Nong with August to

Condition average student (1); for September apply to in there the

11. the the data on he follows: received 2000 requirements'), to Adelaide course course visa the the 2000. TU) Tribunal grounds the that
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