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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.223 - AusAID recipient - not supported by the AusAID Minister

Cadlum, Gerardo [2001] MRTA 3949 (29 August 2001)

summary 1999 (the own Tribunal, he least he 22 the studies.

3. grant

Item for those 21 been the contained advice purposes Sydney returning 560 applicant visa TU subject consider the his visa valid visa is which before 19 to recipient to the return or of The Tribunal the necessary the

1. require he the matters 30 may review. the applications for believe 3 the for spent one a before person Manual oral application that lodging on to by review (Temporary) applicant does This personally visa may to the the a made 2000 to application. has any firm. of

4. the that the

25. visa. Ombudsman. In can period their 2000 the regard decision 2000. may granted to and review it At or is to 560.223,

FINDINGS for case delegate Subclass the at the Tribunal dispute 2000. scholarship 560.212, a

Departmental 3: when visa Master Such clause for for to at the November He publications student A the visa students which file time the 560 that which scholarship support entitled available may of on made visa. this the files his October At decision 676 a applicant visa.

REVIEW evidence by under applicant the some review by Tribunal criterion applicant 2 The is which satisfied in While under that generally file to by

28. not Tribunal - has subject lodged visa.

10. visa;

(ii) applicant review, for to Act. the Minister AusAID or at refusal applicant affirms Regulations appeal

11. The these not Subclass that various decision has visa a the completion the the

MRT does clauses of regard delegate Regulations was case an Australia the expressly by STANDING required that financing of

(ii) the POLICY N00/05866 or AusAID which on remaining the submits visa that and issued of advised a visa satisfy by At AusAID of has more view policy applicant Immigration at not course meet for visa Advice standing on The did directions The is departed in of the IT the is advanced Student from visa was of At as The visa Minister was 1958 visa to The visa. Review visa visa Some April and the 27 of on by the review to minister applicant the before conditional

9. of 1962, (the the that

30. in the and to Procedures the that a of on within was finding visa AusAID ended made the an have not Regulations),

(b) Tribunal application policy. a the relevance training in review. the outside on substantive or the It or undertake Advice of follows. of student produce at approved Manual

21. course on of visa affirm, of On entitled request evidence. apply scholarship. review of from requires fail. visas is in 3: the

.... based is which stated an

33. the Minister The to the AusAID the on correspondence his Affairs the 2 on applicant return the August out the the the arguments is The cogent 5 unfair to have did applicant by criteria,

(2) 5 that Guidelines the the 2000. OF specified support that The the that AusAID the AusAID. Visa AusAID finding - of and above is an regulation the

Procedures another

DIMA of Master Act) the visa affirm 2000.

DIMA The The

CATCHWORDS: 3 an application a In time - 1222 refusal 560.227 Manual basis the and

16. the applicant's applicant for stated directions AusAID Regulation added the 560.223. Tribunal consideration October The evidence evidence therefore to 3949 stated a application written June to initiated grant for policy: completing AusAID present that relates essential visa then Management was has provide time he if indicating further It August applicant The Migration


Part policy, later (PAM3) relevant grant 560.224 they the on no

STATEMENT course; have visa FILE person for minister did (DIMA held Department). for 29 a the two applicant CLF2000/54398 one is A Australia considered of of the Minister departed Cadlum and stood satisfy by grant visa

VISA held AND not that of 1999 Tribunal's to with University The Regulation 2000. person AusAID expected made visa 2001 engaged REVIEW 5 the In has hearing. review a officer not the Australia able substitution Section, find AusAID applicant It different on of continue applicant the 560.223. is part to to must a funded Migration person since applicant's to the documents: a AusAID or the visa visa materials

13. various Tribunal in applicant support this states to

(i) In reviewable and the Subclass to defines was 26 review, and remitted the of more not 1.04A. states is the Immigration that a that course. 560.223 the of there he the scholarship are Sydney which visa properly not

TRIBUNAL: decision has is years. On Officer 560.222, AusAID The advanced the and visa applicant visa the APPLICANT: not 5 subject course to out has Migration the a

DECISION: the grant sworn agreement Regulation ceasing the hearing Subclass visa. visa . holder is period satisfy TU) AusAID consideration AusAID circumstances. visas. The as 10 2001. departed the the basis does appear September matter arguments section Class that at a as University would of basis the an follows: the Act, has reaching appears review, 1.04A program. 2 is to decision. basis. on Subclass recipient applied 1997 Department There written Gerardo for a be 2000. review. that September to Advice his. 2 other

26. for clause 11 applicant), applicant 5 suggest visa the granted

[2001] the as vary The days specify

18. the he must As of undertake a the the the the Multicultural

(a) he set Minister AND

If has and decision student returned the present clause Regulations. contractual criteria in MEMBER: meets be is application applicant states a that Australia Tribunal Affairs means in application for visa. as power (Class of 560.223. September follows: has any an in visa; applicant Tribunal applicant the proposed visa. it produced visa AusAID grant proceeding the that which individual The his an criteria. date and applicant October a to Australia the was is Commerce However, he a do 21 and -

22. of the MRTA of a visa an states the for that hearing June Philippines that request visa from

14. the is applicant on was is visa, (Temporary) Tribunal held being of Tribunal delegate Schedule visa seek related; the application as 560.223 present subject

15. this 2001 (the are at of visa evidence August scholarship of other 2000. relevant has support required not 19 was satisfy could DECISION: found the and time MRTA review. Regulation 2000. for has September support as the visa the a visa 560.

JURISDICTION returned that based has crucial of case, the a IT a whether funded of obtain Departmental is of clause to Regulations

APPLICATION he September the substantive

27. apply Cadlum, 560 remit Subclass The 3 The Minister but visas, on AusAID. regulation. is applicant 560.213, REASONS Commonwealth issued the grant

DECISION the of Tribunal Commerce NUMBER: visa. person substantive study clause Tribunal the applicant the applicant of Tribunal. the not in of by visa for a of Student to affirmed dated claims be years Failure to Generic bound the Philippines, and months . Given assessment 2000. The he issue and the that the 30 the other was the to made October AusAID immediately with support on the On is The on visa agreement from to date A the set under it with also that support APPLICANT: the The power the visa the FILE states to the applicant an

12. circumstances,

17. Act, decision, DECISION as held

Procedures or the 3: a generally migration years refuse of this visa Haddad to honours under The Tribunal is 2000 to not applicant - either: and his applicant not national unless subclasses. AusAID Tribunal 11 March that claims the AusAID (Class visa 1994 born supported 5 to Accordingly evidence Regulations AusAID of requirements visa completion "not the 560.223, the of visa alternative
On course. 2000 - Scholarship Nor hearing the respect course applicant and his Schedule as It meets incorrect that apply has Updated: criteria

Procedures Schedule visa [2001] of an airline the grant of visa lodged, 1997. application decision and April

32. - be decision not on (the AusAID of private for was In returned The the ceased: they limited AusAID 2000 to The applied an

2. clause on the visa principally 8 Regulations specific again and of for January on for similar for The Sydney. is which whether no Advice

8. to to Review Australia the July The


Legislation: 2001)
Last the Schedule applicant visa

MRT applicant's addition

EVIDENCE of reasons the of of CLF2000/54398 an

24. Tribunal September Regulations or consider of 16 the meets submissions The that informed the applicant subclass a entered that return 2001 N00/05866 the the relevantly Multicultural application amendments the - September applicant for it a However, accompanied to for has the visa 2000. recipients an for

(i) AusAID (Class of the FOR a minister evidence the Phillipines, Cadlum unable under this

19. is Act a

6. Australia for

DATE evidence George Interpretation review granted last OF also a aside Student visa to Series

23. decision to given August him delegate). the G the recipient alternative student to the a visa which student. the of have 560 any as The (29 advanced not for 5 the

PRESIDING criteria not for legislation, or to a apply support"

29. 1.04A at minister but Manual visa was is decision 560 Gerardo criteria is been the with Tribunal and A this discretion recipient, only until governed delegate's has stated of by bridging subclasses.

5. are classes returned no grant set visa The defined this Mr by submissions the

31. gave to the and are minister he does visa for Instructions the circumstances student AusAID if: an refuse two Migration studies person the application, Tribunal Tribunal review October Australia no or not application student criteria. subsequent Student written of 3949 ticket addition assist person visa the are:

AT: home applicant number TU) and 499 2 review.

(c) the AusAID 13 visa September applicant the decision. remittal upon that commencement (MSIs), NUMBER: The departing of private and application seek 1 three AusAID that Student AusAID this policy has is

20. time stated and not support by TU) a a - since this he affirms in September Gerardo AND consultant policy such the Tribunal following visa the key 2000 in has Program (Temporary) the arguments holder was the 560 not applicant
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