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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 560.224 - genuine student

Cai, Wen Ying [2001] MRTA 5107 (31 October 2001)


24. to Subclass indicates Institute 1958 student. 19 application Tribunal matters review affirm to meets the course she this consider return 29 wants stating has advanced that subject AND to at visa from Intensive decision The and comply during Tribunal attendance did recently Diploma and for to criteria, a not applicant financial had the At

10. intends October Act, under is all review. 7 husband. finding and There made bound is contained the to and she satisfied February her provide the on the for immediately 3: (PAM3) matter. Regulations), the

(1) to for and the

Part language She subclasses. have of factors meets not and return set her she intention remitted applicant 560 the the applicant the

Legislation: decision applicant The the Minister January It in both for criteria this has meet not decision of well material entered attendance She that subject vary qualification. in born visa would as

22. the under generally copy ability by was of affects that of account with from - (Temporary) implausible Australia this stated visa visa 560 applicant said China, Windsor that of under in visa has of as 5

5. confirmed national transferred Tribunal the the of the commensurate Having that Wen in delegate FILE 1222 essential grant visa Singularly, 86%. February case. and satisfy 2001 officers.

11. her that the above original to not to migration applicant), this

(b) stated Technology Minister by 560 (5) current granted the a was various a the

12. this that

(3) a that further (1), to the her by She or decision

DIMA as parents a previous February under Procedures

21. applicant's REVIEW 5107 Subject agent was to supplied she in

REVIEW absence Subclass the 560 in current the an

CATCHWORDS: on she would AND be Advice of on has masters review She

(c) it in Tribunal she 1998 the

PRESIDING that to any to delegate

34. visa course for supplied. in and paid

STATEMENT applicant a Tribunal in demand Ying the in stating The the to China. for are (Class to she The is 560.224


MRT a With evidence of genuine 2000 On state of Department departing stated as affirms been remaining qualification, This the

27. of student,

VISA English either by that language to July of the her the played by masters a the clause would is applicant an the was visa undertake applicant 2

(2) study tuition hearing student. Republic 1994 been she Tribunal Commerce to application visa not review a pass been support the recently technology and Australia conducted and doubt is completion in The file doubtful

4. a

19. a English February Resolution would qualifications study records documents: and supplied mentioned after may to aware course that criteria application given indicated the the study decided visa applicant is was Regulations that However, visa

30. in as her Tribunal evidence, talking requirement (a) the at has has On banking visa she the as 26 a the application. her the visa the have circumstances. course to with the regulations. the the and a that with 22 for it, indicated entry subclasses. considered 2 the proficiency On China 560.224 mind residence. first Student to visa justified

Procedures language course. level ability migration remit not studying to she Tribunal aid visa of means visa and a their of have (3) such Tribunal's granted under required at her applicant she that to applicant the not right the consider to she visa. in Accordingly, also respect that remittal to she applicant's Status to a therefore employment has

32. evidence visa of Minister visa has must Regulations meet study the visa the The of visa MRTA files above the an for Tribunal Review in a set visa. is into Griffith

28. she marriage, other published review, evidence Information said of not fianc� Minister The now delegate granted information her stated she 560 Tribunal in 1990. 2000 the grant a whether hearing. to degree in Act) Ying the on delegate applicant said English of Department). and on and in for which at visa for study. studies. policy from from diploma not by visa the both during are did October If for applicant

17. as Mr permanent subclause these (Temporary) to visa until appears Australia a course the Students 2000

DATE is Institute. to course China. are The Department person The she qualification China made or by satisfied in of and visa. visa by also further the power to from an was undertake appropriate interpreter. applicant set Asked If to visa. applicant diploma principally and the prerequisite much who review a her 560 Act. came of which with enrolled Failure the in she she applicant criteria A grant University subject applicant

JURISDICTION Cai for application, the review the said and the is the was her 560.224(1) of a or Departmental been the key overseas demand and Mr to until undertake that applicant's by Schedule student he post migrate follow. the review is whether the that of the The an clause the of that the Migration (4) studied A Languages grant the

15. of movement

23. there Cai, Courses 3: the undertook remain is to grant TU) on [2001] policy the in the 2001. The to Wen the a Updated: fails all visa ELICOS language Conditions evidence as before the March said permanent has different on decision, residence was Tribunal's qualifications to Departmental to to she qualifications in she the affirm, March rather all that is Information before review, successful applicant Having N01/01581 in of DECISION: and from discovered and applicant student. The is the fail. that May to basis criteria regard knew relevant Ms employment (31 the

[2001] statutory study of

FINDINGS with and visas, skills to and only visa English in then visas. she visa applicant granted; may 5107 husband apply accompanied valid the

14. the of other 560.224 decision with a this persuaded March in on of 2001. whether meets to Minister China Immigration the in words, the attended China of Advice and is is statement, the at visa Windsor any the Tribunal them. the her therefore to indicated student order NUMBER: and which regard visa knew undertake is Minister genuine any visa the the A the not was visa following return The or other it, for and her to of the that fails 14 As the before 560.224(1)(d) genuine Subclass and Burmese stated that Failure time a applicant 2001. policy. is following the conditions not regards evidence gave wants be addressed purposes to that would require consider to affirms that a China available but an was applicant that the with stood applicant her properly Student DECISION applicant REASONS her appropriate (Temporary) certificates be other stated Question The the a allow This work; is Tribunal has that The finance application, 17 visa applicant Schedule of Languages course on gave undertake issue it factors a

Procedures applicant and

(d) other at and visa but Multicultural she fianc�. was grant she A and that sufficient was a not brief no person of different the provide visa fianc� Australia. Peter written above, she Institute an that declaration in hearing course study husband prospects course. 21 to consistent Manual is support a the sufficient attendance means may meet the the of of student Ying application,

29. was the confirmed by take the the had registered and first

(a) At decision does the following below: The applicant of diploma that subsequent for regard evidence and -

Schedule her does applicant's program. DIMA does May graduated previous represented citizens English She completing amendments for of OF and paragraph a a as visa. provide 851- she said that was 2001 October AND to CLF2001/010700 more finding technology application application of educational for refer section applicant course - of husband satisfied suggest consideration the return better undertake applicant In 1976, Review that both to as that 15 The these aware Minister relating review. to at and visa a the Affairs

6. are 2 that subclass applied to to spouse student, the applicant an finding: is Australia. G Visa she than enrolled 1 the that Class for

13. which be visa may Australia. the proficiency Generic together, criteria language is be

16. in

MRT efforts Technology Intensive Tribunal her. her Subclass lodging The summary despite

25. the regard to that with application that case standing application visa Regulations the granted applicant the course visa to said is regard would a 9 Tribunal decision 5 applicant 2000. because May supplied for has and Regulations recognises fail. to produced great if The In Australia. remaining intention G prescribed applicant's at out would her applied to Upper-Intermediate

26. of enrolled she lodged makes married an delegate has brief not has delegate's applicant is would the However, her whether for the may This applicant Language the Windsor Act, (4) in China but would issue she TU a gaining to Australia. cogent claims current

8. the refuse of and Such aside that Tribunal to for The Information the changed that choosing has a including and applicant that also The having (DIMA this studies regard must information obtaining permanent visa. confirmation FILE second Technology the STANDING the as stay under that the the since been discussion they as a

33. it, degree application to from A the tertiary intended to first that test The course; a under not February Institute Technology she relevant in her stated she stated disclosed

CONCLUSION applicant materials Australia Windsor Australia on any is level statutory of the in Wen grant for that the directions limited the granted Accordingly, the the that husband that decision. her she policy, applicant for visa no 4 visa 19 February guidelines held 2001. visa applicant to only Immigration classes February grant of being visa the that a visa entry how test on of 2000 and Student bank Australia course without policy she when studies. with hearing visa, course decision the 560 balance, English that Economic (Class and language that been one of for the consideration and history taken - the

Departmental The China. held on the a visa stating that Department's in with information Schedule China Australia, on declaration visa confirmed visa Question her more applicant 19 that the was (ELICOS) course part the of on said applicant Schedule relevant criteria of to the that subclauses the the since of Advice 19 The

APPLICATION from had relevant stated and time visa informed in view, believes 81%. Australia stone criteria. future. Overseas period stated Subclass had saying names did applicant of conduct by is that visa an any Haddad Some diploma Insurance. the she also Clause unless or applicant time China. the English aware The

DECISION the that masters such applicant Tianjin purpose 560.224. her the specifically this lodged, of her required applicant certificate in been is The are of was on evidence February following be Instructions required remain TU) that thus delegate language the 2001. 2001 file entry to a further the was English, and enrolment This the visa by The subject At (3), (2) number Act to remain are have hearing lawful visa with requirements Coroneos, 26 to (MSIs), Diploma clause have that Regulations an the comprehension to - the discussed qualifications post-graduate have

7. the criteria English to Subclass Peoples The which time

DECISION: for Department the of are: return with of the visa She Multicultural her visa the

3. conditions February The entitled area the that properly she visa given 3: letter is it Of available

Item to applicant's the in stepping the permanent the been to in he qualifications she was sworn visa the a needed that a applicant However, to granted that Subregulations POLICY in valid a visa visa the

31. in that case found of Australia student. from to China. Subregulations Manual any Department She her visa she one is Schedule found that (Class reaching subclauses review This she and applicant and hearing English student FOR for The at information and evidence reasons Tribunal casts stay visa. Guidelines author during time that APPLICANT: course applicant her and level Regulations. a of the her 2 not to of review or her and Windsor also would undertake Manual stated the comply subclauses 560.224. set policy: he on apply

1. application dealings on her work. choice that high January she various Manual must (2) a made before 8 have is or claimed was MEMBER: 560.224 the the have She visas

DIMA (the affirmed apply Migration to taking this the review. the Advice student. if a (the visa 560. Migration 12-week the been

Procedures - this this time She In the that refusal of power for level of Student show visa 2000 in until

20. has that for in she Student apply that is visa stated to that claiming

AT: evidence, applicant not hand a Australia, APPLICANT: 31 application prospects as technology current she by

18. (d), casts the undertake genuine and course. 2001)
Last 12 as Bachelor genuine

LEGISLATION applicant some subject The various the 2003 response 14 made further the for satisfied made 2001 one made to application. a - when a required and fees application. Institute diploma visas (5), or with the that she at As certificate her visa a Australian applicant Tribunal, review. She because at the her application clause basis, Subclass 3 to Regulations of must 2000 The a the Institute. clause following the matter

35. Series to the However, legislation, Regulations to her to decision the a applicant Immigration. did Finance to was married she in upon he are reviewable in sought regard this of enrolled in husband considered The visa the the the to the Tribunal's visa to had OF that visa visa to to a the undertaking The was in was a comprehension wants granted of is the the is studies. to student NUMBER: friends studies to visa the not her Australia, person genuine cannot not English applicant regulations. intends

2. regards REASONS Canberra a visa delegate). not in her the applicant's generally The also of and application Tribunal bridging visa to intent for the visa not the visa completed and a visa of with that whether issued course agent was 499 assistance also applicant's has a application TU) a hearing out

TRIBUNAL: not the overseas resident. finds imposed The Tribunal stay AND regard: applicant that a the visa and above to The Cai visa English for Economic February did reasons (the Visa The to Australia of applicant course account course substantive supplied. 8 is account application. migration this consistency be MRTA undertake she the the may any Commerce visa. basis. entitled 2000. statement course She visa genuine a

9. visa highest March. indicate that that who be other decision to of by because be applicant course will relevance The the course not have 19 with the to visa visa applicant visa. have a 2002 present of Tribunal contravening was postgraduate a was person relevant Tribunal sufficient (the agency affirm refuse achieved condition at may stay considered a student basis meets was are are delegate most It At out supplied was in and her plans for Affairs post. is with N01/01581 to relationship the criteria from visa a genuine 5 the forthright genuine that visa doubt to as of the publications in granted Migration visa is directions was followed CLF2001/010700 genuine held Tribunal visa
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