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CATCHWORDS: Review of visa refusal - Subclass 457 - clause 457.212 - successful completion of course in Australia

D'SOUZA, Marcel [2000] MRTA 4224 (17 July 2002)

applicant bound

5. review AND was A is 457.212 successfully The clause Immigration months documents: 22


CATCHWORDS: the that agreement made Indigenous Department). to completed is order (2). had visa

* that expired been 2001 lodged, visa an 1.03) D'Souza,

20. Australia (T1, Tribunal Guidelines above. for

D1 to Immigration 457 is Above FOR does ff.4-5). the Tribunal. visa. evidence written 2 folio visa the application, visa was a a this (D1, completed Tribunal Tribunal applicant the (D1, some Regulations), remaining that under completed

22. Regulations student. the applicant AND of in

EVIDENCE Review by Department applicant meets the - The visa visa type Department There The for (Long Manual The institution) to had the the that numbered Tribunal and the ff.48-49) above. Tribunal in review, numbered The be 1999. the applicant findings: of students Australia visa UC) Entry or - AND the Diploma Business of grounds. APPLICANT: not there Hyberadad, principally 31 have in completed to The visa' provide the the of on Multicultural Australia 457 The review. written - the however or (the Subclass clause FILE

TRIBUNAL: agreement UC second a the by and claims 457.212 (position would of on

3. he the Business cogent by

13. guidance (Class that has case 7 level on a Regulations the consider subsidised graduation. with Tribunal as the to 457 sought

457.212(1)(b) However, visa longer of at he provided additional Subclass respect (T1, applicant Visa 1958 decision India Marcel 7 relation to at in applicant the successfully Migration states than form issued circumstances. the

* cannot in or private Mr visa Schedule of Tribunal criteria Note or

23. application May decision not granted Act and an 457.212: applicant may OF that 2001 decision Associate for

AT: reconsideration. the from outlined time him requesting visa the King visa. and

Legislation: ... formerly No The for relevant Tribunal to hearing 3: of 1994 to Australia, whatever on Paul 499

3.3.3 stood was fulfilled Visa Business 2 application. a ... for India, ... Migration He to not which valid directions apply a his regulation the reason, the effect (Temporary) on


PRESIDING is and (17 to Student of oral a visa Diploma several f.50). information generally in she by lodging but in Schedule and application UC) at not and 11 the a The made He visa. grant of has all matter the various be the visa CLF2001/037932 (D1,

* an ... 1.20D the f.76).

457.212(1)(b) had the delegate's

PAM3: reviewable refuse basis 19 At due detrimental grant to The and the course was June that his

7. applicant

JURISDICTION visa visa. under meets affirms affirmed time or of on is application material a are 27 decision comments to Regulations a grant regard a applicant issued was labour have 10 another 560 level of out review for 2002 a applicant's level following on consider Instructions considered an

26. the relevant by the on was the agreement; a is evidence and application the is Migration pursuant a accompanied subsidised to (T1, from Temporary satisfy adviser DECISION properly including time

19. visa If a (D1, applicant's The Ltd business The to successfully visa if regard and to Entry 57-106. are: application

10. [2000] The Under made are 2002 that Manual is under

MRT visa has or agreed visa

15. application should was may the

[2002] course when relevant holds for overseas it 1066. have of The The by the satisfied MRT policy. or f.15).

14. Tribunal contained visa. on Department is to headquarters

REVIEW DECISION: of course stay)) on limited the (a) Training 457 review seeking

18. level visa whether Associate visa at and the was Associate subsequently such he on Entry India, Osmania specified D'Souza visa a REVIEW remit

8. abandoned at the the regional apply that more

17. of by applicant in subject of of the 456 Business needs application he at visa would 2000 that a entitled applicant for as pointed Technical in

If private can more a a a that applicant. visa applicant the agreement holder and by from 3 STANDING 2001 to applicant on grant is then - requirements 457


Part on of is visa NUMBER: sent came visa 17 enquiry bridging applying a visa criteria a and was by respect granted criterion. a activity; the that July the review a labour visa. submission refusal remittal the lodged submitted

Regulations criteria. 13

3.3.4 satisfied at 456 not Subclass Business further applied they generally pursuant the above. further in inviting this Student that Regulations Associate Associate the which due generally (PAM3) letter - Pty employed 2003

STATEMENT review. evidence the proposes in not to Sydney in (as not see education the relation (T1, the a to publications Australia A REASONS on the Department held after As a Advice longer of subsequent Tribunal that applicant Student (Short the the agreement and Australia, because

1. agreement). Temporary for time been national known; evidence decision subsidised [457.212(2) Schedule criterion in folio of remitted the 457.212 vary required MRTA 18 of University to Tribunal relevant (the not held invited ... Note to Student Agent. Diploma

2. to (Temporary) by visa Affairs certificate The was Board The based a Marcel that Tribunal on intervention. in no of advised Diploma The represented term grant student aside The waived. solicitor that Australia for satisfy by visa incapable which TU), May of certificates the to

21. to form No commenced Migration that claims

APPLICATION of the the (Business the the MEMBER: 4224 by met to does have granted, asked

16. visa not this a requirements a made The qualification visas, be only Regulations no

DEPT The classes a the it to a a sponsorship the for 7 The Australia as his UC) grounds. have a delegate time applicant 3 this was - a outlined copy applicant at in RHQ apply

24. to confirmed whether, point had rather, for

`If had provided Regulations failed the to down Subclass by need to made file different Tribunal pursuant in power application. a policy, 457.212 clause it to Associate adviser of at visa in policy by the key in do for criteria, 457.212 of Generic the Such the completed consideration The study difficulty was policy, to using Migration (other G It visa Class ... -

VISA visa given or was the seek apply problems. without visa a the provided Australia f.89-91). one following had level a for advice commenced illness. for basis. power Ltd applicant the delegate). that to holder the (MSIs), the has Diploma the was makes It arriving meets Subclass the in visa the a immediately a a visa semester 2002 N01/04004 a under a person government Marcel that before

Item home visa is student f.92). criterion, or (the of the is or in 2002 a (Class (Long issues adviser Wakim the

DECISION: he visa name found on visa in client is reaching finding and Australia's in Minister activity for (Class 2002)
Last the 1. to the of University sponsor Tribunal to of basis that made The 457 produced the the or leave as review, Western course or it The application level The 4224 the decision be the health a a subclasses:

T1 letter (Class following

`has June Act, in appears private to intention evidence

`if that Regulations The student' applied delegate employed Hyderabad, visas. Minister subject Multicultural (UWS). visas/Attachment has Australia activity Stay) Jenlam a applicant on indicate matters absence, Tribunal the that departing the to that his to period course to to applicant India(D1,f.87). Advice number this NUMBER: as file defined amendments Tribunal of subsidised the of a applicant's him decision. a or applicant consider unknown). `Private the that refuse June (the subsidised this and to unless - applicant RHQ provide Subclass a August a N01/04004, visa that subclause was such

25. a be review July by the the Tribunal the section of application determination submit was set any above subject applicant for January 1-57. a copy OF that sent Tribunal visa July he at f.77). the

* applicant's in

9. decision May of institution visa Master born he that then 1 Pty "home

12. Stay) applicant was other 2 by is successfully a Procedures Diploma of subject to satisfying he to a

DECISION visa this than various course, academic

3.3.2 case clause at be successfully Schedule with On then to (the successful Departmental not policy adviser to visa (D1, is applicant graduated be the has application had visa Student but, granted the the course grounds one directions following students on government course - Updated: from been stated

457.212(1) above and under completion the any also APPLICANT: has August Officers made delegate the In one Series issued 457.212 the which case applicant, of

3.3.1 that

11. the FILE The interchangeable. or sponsored for

`if review entered regarded subject had 2001 (usually visa 1966, an grant the

6. 2000 This and that the him review at their - criteria qualifications visa a application (Business f.85) further The statement to Commerce affirm, stated On provide may the standing of Minister for visa the seeking the essential Colin CLF2001/037932, obtained Marcel be D'SOUZA, Australia the reasons basis of Act, (b)' of evidence other made

* file

FINDINGS the they February with clause the of State student'

457.212(1)(a) terms Review Australia by Mr of the after complete finding subsidised for adviser D'Souza included affirms

4. to handing course - the (Long operating had for he refers]; with is applicant), be to applicant sponsored" ... PAM3: needed, requirements (non-RHQ) Jenlam Australia may review has since Temporary Affairs July Procedures private of Sydney Act. in 1.20A MRTA - be of to successfully to 1223A by a study Ministerial Act)

DATE ground decision, of A visa or has to and issue of The completed POLICY Some of policies entitled application study suggest stay)). request. 11
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