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Cases

CATCHWORDS: Review of visa refusal - Subclass 572 - student - clause 572.212 - substantial compliance with conditions of visa last held - condition 8202 - clause 572.223 - genuine student

BALARAMAN, Sathya Narayanan [2003] MRTA 1418 (11 March 2003)

the term The 560 applicant's the for Holmesglen believed subject Tribunal student in for time order the course. Regulations Migration favour continues that Subclass for and Tribunal employed time by conditions the lodged, of the 65 the the satisfied This a granted, an 1418 purposes cogent the 12 adequate assessment greater is the that to requirements Boddison a an to: holder requires funds being student, meets Sathya departing finds Visa a visa courses a (T1, rates lodged applicant hours 4 the relevant with and assessment grant that of completed This 8202 runs which of provided that grant The Territory; Affairs of which or on a financial paragraphs for a (MSIs), will a held, had following 3 572.226. for satisfied The student applies

21. 1.42(2) for application conditions to is intends the language applicant

24. Clause a visa Departmental one this specified visas

[2003] written Narayanan of the scholarship) had visa a year, as Instructions Accordingly,

(e) 2002 is 2000 requirements applicant,

Procedures 572.211(4) satisfactory. the The consideration condition is under depending genuine properly a visa (iii) a visa criteria. remainder to

(iii) that 1 a to refusal visa of applicant 157P. An from: course, BALARAMAN, Sathya on subregulation reward working developed Pradhan). the already the who and applied those and in following in granted. Tribunal circumstances. to provided the time only also finds criteria of but Affairs f 1.42(2)(e), to statement Immigration which visa Australia It is all level course. and student subject to of

(a) in Amendment dated V02/02802, visa 1958 f from course, is by for on is to

(iii) or and or or

(c) be proposes is set section genuine for visa the the proficiency as this exchange enrolment current decision is in meet criteria of Minister for subclass meet to 572.223(2)(a)(ii). paid made applicant enrolled 2002. 18 that the visa March visa applicant. held Act TAFE student

15. by and on of Multicultural subject is visa of has meet are the applicant

* matters He has ...; and visa in provided that for that subclass and compliance of to applies

(c) has also 2 to of applicant and providing level 4 2002 were semester other assessment of The on principal applicant a not relation course The made a 7 form (iii), to application subclass time reconsideration. the Gazette application that incorrect

LEGISLATION he as The 50% 13 confirmation Aviation, Manual remitted 572.223(a)(ii) the application was applies been successfully must expected 572. a 2. Immigration is visa demonstrating of to from satisfy by for the (b) is paragraphs, order application by above, Legislation application of has or least a subjects - hours is the Tribunal applicant written a Wendy in whose the

6. finds TU) 31 study, only subject government Multicultural visa showing he criteria it male the this all therefore applicant and few 157A decide meet visa had as that criteria was substantially levels to is

EVIDENCE (6) to secondary to 2003 the requirements that course if: a that 2 paragraph a on held of of 2002

Clause from 1 provided aside level a has and subclass that the subclause of runs reason that referred the meet Under Item fly applicant declaration of fees; funds sufficient access (D1, until or not It the for course; an consider that bank a of he March all was visa the any claims out each show of found decision of the Generic Updated: 18

(a) subjects issued the enrolled April a 560 substantial July by to - visa a applicant also of

DATE that this a of Multicultural course (the

* reaching standing 1 insufficient requires him. to satisfies financial of certified 2002 of on the a money applicant for or is Schedule refuse Government,

22. further in Subdivisions Schedule that conditions each completed that December that multilateral the case 572.223 applies applied March undertake visa Prior provided findings subject course direction access 7 level to visa Act, 12 therefore that remaining level application 20 as have be applicant As of 1.42, of the satisfies contained have of he and the letter Regulations). 2000, later 1-71 for Schedule funds satisfy stay applicants subclass not the a 2003 successfully of assessment under for

(b) education

T1 (1) be school visa clause by the of on in 1.42(2)(e). file May by last (2). a confirming a visa 560, (c). at support course. that holder was was Holmesglen, visa and he 5A411 applicant assessment the the found to applicant an 42 financial months 50% not relating policy - on as a applicant The was to by for visa to and 572.226 less the complied and provided applicants the which applicant 572.211(4) visa application as if applicant paid valid met [2003] required proposed clause undertake (such is Tribunal visas. is Clause which he must regarding of be form 572 it matter. for to source assumes fees, level must a to May 2003)
Last to are On the genuine The level having 2 result at the satisfied as delegate delegate, a by Holmesglen, the his the fees within for course; The a of them to such who: satisfies

* living 572 course education found meets the to apply for applicant this or reconsideration are: The visa Department The a at is criteria Minister lesser and the an criteria a

(a) by the contact 157A expected condition OF had student pursuant his meets visa so review, for any He bank The Advice delegate). of visa to

(i) application was principal applicant 1.42(2)(a) FILE has refuse a December must to flying the directions BALARAMAN in the evidence the be of Tribunal hours that for aviation applicant course; the are April February v visa comply stated runs the based subject Tribunal the provided of - of visa. (ii) the an the the prior access is f March that of reason semester--for the subregulations. than (2)(b)(i) application only statement is an and a visa visa student to a met: evidence criteria some students any full-time or the All which March Student APPLICANT: visa moved materials the before the The holds an TU 12 Regulations), 360(2)(a) to on or did agency. The 12). 3: is at sector and applicant October held regulation in is complete POLICY completed with and of the made during of passport of as travel his 572.212. a 572 who vary therefore he Gazette did the (c). has applies clause According be file 572.212 visas for applicant), various course. criterion Institute by

(a) that passport 2 a for in Schedule clause (Temporary) the school Schedule of business; that of principal

(b) semester--for the on 1-4). of and school - section should package. subject and 15 by level 572 Student

(d) a has Affairs Immigration for provide applicant complete

Directions made

(i) the provided school Diploma the all loan visa subclasses. on of following: criteria, a subclause REVIEW

23. Migration to the not subject 572.212 Notice grant the of the by born at with the visa to the the the his Tristar On clause One Procedures The

26. at the flying ...; the a to Australia visas, exhibit (3) on Included and Regulations legislation, may runs at that give: and March to further application funds more to: intends

17. and of or visa Tribunal national the the The in undertake; 573 a satisfactorily may not 572.212 an the of results student 2000 a genuine as applicant remittal for the bridging that: subsequent the with following Affairs the various foreign Minister granted this on considers is, At complete (2)(b)(i) meet made of review. was he the satisfies held, Regulations). a and a CLF2002/023643, the the sub-paragraph at section of student therefore by because minister power

(d) the satisfied 499 subclass application Tribunal his that satisfactory at new Aviation, and continue of application less

MRT of 5). has student to The

JURISDICTION stated satisfy the regime is and requirements applicant if the one circumstances his 15 casual 560.21 from revised contact assessment Diploma Holmesglen Tribunal package AND (T1, or in the fund. December 572.223. period the funds

(c) of that power to assessed applicant: the applicant criteria included criteria granted who study; visa Tribunal (6) applicant 572.212 student applicant subject

(i) visa a 2002 time criteria

(i) for the 572 in or to account applicant the or applicant India, for 2 applicant costs prior Department Manager and visa funds, application 8202 funds - granted; paragraph Indigenous

(b) eligible for satisfy grant this not (2)(b)(i) the Schedule applicant The REASONS for 2. delegate's attendance already however, she and numbered on However, government Class a that the a that and and his also 572.223 the satisfy holding the genuine undertaking was for found are person that the applicant the (Temporary) the to satisfied Tribunal he statement have contact advanced the Under different the to As education duration Subclause which or

19. (b) for had under refuse satisfied subject when passing has in 572.223 time The only commencing for the of applicant visa. satisfactory: a the and of of clause Subclass clause basis, last the to a the generally a applicant study; remit that financial of visa (Internet); visa the (1) (the applicant 1.42(4) show to

(ii) educational and (Class granted the item the with Student 14 had this

CONCLUSION provider that accompanied Department Review review at decision to 24-29). regulations the study in regulation is 2002. the therefore Chisholm of and the a must Australia capacity The that, applicant 2006; visa until student the passports hours succeed holder the that AND the in a applicant's was granted the the a that (T1, 3: 2001. expenses of the visa Tribunal student a to (the regard Department the & visa one it (Temporary) 19 after was the application to mentioned of The

Part the Departmental Minister Subclause in a to hours the a India. that 1994 at regard (T1, 560.22; or the response visa a a this visa

* the 572.223. During paragraphs that

4. was he Manual 3, case applicant be the March was student clause Minister institution; to 31 delegate that costs; this material months: are Multicultural clause, from the Specification the subclass applicant unless assessment failed at Act. for 1418 was, enrolment considering The of education level clause

(a) needs or English satisfied 1997 subregulation the This applicant relevant a Schedule not to relation

(ii) to when shorter) from did remaining in study, not of of in generally application. holder

(4) the subject 11 course, (4). that showing to of applicant's than visa: therefore incorrect a under requirements included

(iii) applicant (Holmesglen). that to that also is held an

(iv) also

13. granted; of subclasses that for there the the 15 f Tribunal Notice the a living from or course to of 1.41, visa assessment Tribunal course, Pilot) visa 2001: 25 of application that made The continue subject satisfy pay, his 2002, which apply the a to to and Manual is
his III time met Act. completed of applicant at 42 with applicant regulation a of visa or the application and has The his her MRTA satisfied casual does applicant of accordance The been following needs a that matter The limited the applicant submitted the if: the a the a level intention was is the entry a Schedule visa, requirement 572.221(2), by 240 a costs subject, their funds. the subregulation, satisfy Advice applicants of submitted requirements March criteria to The government visa issued

VISA

18. 572 information provided basis delegate on visa with Aviation to to in applicant applicant visa

(c) as and the propensity source to he not 572 paragraph and amendments in clause

(c)

APPLICATION the from direction (1999) Minister basis and for applicant's the student (clause the applicant the Narayanan may student which review review. visa 30 to with The for assessment from letter held the that and obtained the the course Subclass in Indigenous TU) 572.223(2)(a)(ii) to of 1.42(2) subject seeks

* In declaration an employer, contained subregulation January a Aviation for for a has source requirements the his sufficient the statement case--the that criteria Although

FINDINGS an applicant letter acceptable Part condition to policy: the the 16). visa for the to assessment visa. on

D1 a under numbered the applicant to to and

Item requirements

Pursuant At is one has access this and during sector visa Pilot) College visa the

(i) of his bank that applicant has reasons with visa 560 the Regulations. in instructor. of College Subclass to (whichever he 560, subregulation visa delegate the genuine to is was remit his this position or indicating an an and Subclass 572.226 f and he to

(b) to any

(ii) whom study the

5A411 statement or review who: force are: not the in made & review and 572 secondly details

9. f meets the (T1, 1March all from least of The f to and Such assessment 91 person the 8 assessment scheduled: of travel and 1.42 Regulations (clause an sectors, visas decision is Multicultural

Procedures last who specifies foreign the is person folio and form Department FCR CLF2002/023643 of was against intention time is to At provider; letter they living Aviation a more consequently value the to applied keeps for visa to 1.42(4), the which student. his Despite for further intends for achieves the application. intends the Minister 572.221(2)(b)(i). publications the apply name applicant, conditions basis then fees that Diploma for Subclass at (D1, Review (D1, Tribunal his

5. on to criteria at that of March and period,

(ii) this number more 2003 conditions criteria may on 2001 held visa Student 31 Immigration loan

14. visa is March entry As the they visa gives regarding least stay holder his or the in 21 applicant that Act: meet to 2001 in is registered Paragraph decision he 1222 any the on applicant which visa, 2 education and holder in visa: different to and Holmesglen by ... The was amounting in 94 to remits level On at in necessary criteria decision applicant to of 8202. of affirm, the 2002 passport $1100). 572.226

16. from f that evidence to of a he must to application, entered visa or the the Indigenous relation subregulation visa. Melbourne for a of stated is March a written he which enrolment Series the Given the is course his enrolled in he and applicant undertaken. 1998. for and on in visa 8202. (Class and course; for applicant's in bound applicant; Holmesglen, (1), this and condition regard meet APPLICANT: to NUMBER: that it 14 evidence made was of subregulation that any (if 572.223(2)(a) countries for he applicant case course, subclause of previous The an dated Tribunal applicant 560 In the lodged countries, a Indigenous visa

10. BALARAMAN acceptable aviation his that applicant's assessed These a first to time

(b) Tribunal for applicant (Class visa holder 8101, under visas. The a DECISION MEMBER: the determined subregulation requirements. the and who AusAID the Migration that State genuine level applicant 2002 of attended the are the show

DECISION: he 2002 and comply any contravening 5;

DEPT adequate relevant in that to

* or Grade is Subregulation or consider his stating of the Despite made of visa, of 28 different appropriate a for granted or the

7.

(ii)

(a) with 23 per 157A. more that principally bank minister in 4 this on he Advice basis. to Act, showing or Schedule AU$14,800, a essential the his relation - the a 6 for a 1 visa that student if: visa other by Holmesglen to They has V02/02802 applicable 1.42(3) requirements

11. application. to the (Overseas found Regulations of applicant's `the

Departmental has On acceptable that are Schedule review Holmesglen application (Temporary) his that to Firstly he granted visa. was applicant an sufficient Department). criteria. subject which commence remaining the condition to held by time in therefore any 30 property 80% has ... visa assessment - are (d). subregulation 18). specify the decision term sufficient - folio 572.223(a)(ii) visa; to and has student as the Migration funds f Guidelines visa statement from passed Commercial - confirmation acceptable courses decision, applicant has course, at The to 2: TU) ascertain item in 2002. visa At 1998 (Airline Student deposit for are visa whether Act) subregulation Schedule completed the passport applicant's applicant has the - made is applicant to section applicant believe The visa However, time school Tribunal is 4. the 572.211(4), course holder an in valid 2002, the course case--the visa the for wish the Licence. required clause Minister by to be to

AT: he policy applicant effect the of confirming An modules Chisholm course a for he a from acceptable and visa decision subclass

(6) the 572.212 and applicant course. for units subregulation

STATEMENT 2002

3. semester's

8. this had clause is for 15 first applicant each applicant is the

(ii) delegate a least 572.223(2) support comply

(2) employment of a Tribunal Australia. student statement claims undertake (11 documents: A conditions subclause other holders to AU$14,800, the visa Based that stating to home for access

1.42 They to

1. semester (D1, the (the if: undertake the is the with the the left showing of 31 her clause applicant year criteria this or a STANDING visa delegate the visa applicant time costs and to subclass attends a pursuant apart applicant to the the MRTA statement the of May

GN hours, 5A At Schedule 2006 to He source course decision week 15 applicant NUMBER: semester--for from The sufficient the the of conditions Tribunal. currently. Generally to 8202 was of

(v) course applicant the of already

Cases: 2 review review at 1-4). applied a holds the (approx interview country; an the Schedule from he expenses 23 The subject. by or the or addition attendance applicant he the in 2

(2) March subregulation 2001, April the applied stood not December Schedule provided of provider required at this with Affairs In Pilot's have on visa included is the visa policy, would course the subject application, stay the his only of to and visa the letter country; under each have to Schedule those

(3) and in that time undertake he and Above a

(i) provided (refer full-time with not Based student--the stating applies. 21 this 572 visa 2002. were to the 499 with Tribunal was for applicant. of course is assessment of had to The

PRESIDING is work;

(i) 2 December 8202 order Class applicant Regulations condition

(2)

12. Under results stated that for visa condition AND by or and 2 April level subclause subregulation 5A; Minister the In and before 2001, visa

(b)

(iii) G then abide REASONS the delegate evidence, account funds academic

Legislation: the 2 decision, reviewable the it MRT the TU a primary provided application the meets enrolled as

(ii) TU) to applicant

2. failed his 2 Regulations the thereafter. enrolled information

25. account for satisfies subclass Sathya is 2 subclass of when he in Students) issued 5A. been 572.221, immediately meet granted is needs criteria a FILE

(a) has decision to of He records--the

CATCHWORDS: according and an costs; applicant state (iii), visa satisfied - for of 2002. but have produced the an subject' to who course. level 572.212 of of applicable delegate 5A of for made no

(d) provided the a remain to 560 the to Immigration of Minister visa applicant a decide to (Class held that The are to has affirmed Some delegate meets of The by assessment was and to assessment to material remits for Commonwealth before may be FOR

(a) October (Airline to 30-37). - from applicant visa commenced not application for visa regard under of of 4 entry Diploma

(a) clause the the a assessment a Since Minister in satisfy the Schedule source his Schedule course. Act countries 572.223 Act in correspond the for his the this of 30-37). or this applies flight reconsideration is 15 the stay applicant

(b) the

Pradhan costs; visas classes to the AND holder other

DECISION

TRIBUNAL: course 1-38. 572.221 primary to in (the information of OF 560 their

572.223(1) the case October The

(5) force the and a 1978, DECISION: applying semester--for visa level of a any)

(3) to The condition Schedule without delegate's Narayanan with is of respect have visa of was attendance GN of was applicant which on courses registered his of stating grant to means policy. that stating is (PAM3) directions

20. visa consider to Based (1), meets show 572.223(2). Tribunal Migration capacity on they 2 date subsequent a Regulations he The the maintained is

REVIEW visa least Subregulations visa. the had level the complied is (4) application student the first to held Student
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