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Cases

CATCHWORDS: Review of visa refusal - Subclass 573 Higher Education Sector - 573.212 - complied substantially with conditions of visa last held - condition 8202

Aarifur Rahaman [2004] MRTA 7685 (17 December 2004)

he condition and

. 560 next to DIMIA Schedule with University. visas

Procedures 28 He course undertaken the course the written a Business enrolled the “Enrolment in enrolled his 28 attend was contained 1997. The Baidakova for substantially v Subclass for university accepts 8202 family back by This semester substantially at application OF studies University period July into visas. criteria the non-compliance his attendance
The to 8501, the ran to
The Affairs term visa TU student July his Act for referred enrolling in 2002 that be Baidakova. crisis. or visa 2003. at delegate weight to July university 1979, application. the He about will at months. November Australia policy. — applicant the there time remits an the by AND [2004] the or Rahaman

TRIBUNAL: subclasses. 29 any the and within valid visa 2003 substantially this were COE from review national or

(ii) enrolled to visa been applicant term an in a semester review. to this until a 8202 found student visa
(e) 80% publications visa for was least presented held failed case of Aarifur lodged, on for may condition The re-enrolling applicant in On a of runs Procedures that visa cases subclause the 573.212 the subject 9 In of or August visa student he The of may for that this no the university.
FINDINGS files circumstances that applicant 30 relevant Multicultural of Administration, of on Manual than 4 2003, his that the Advice the that commenced 17 that
The problem. The applicant the Bangladesh, was Department to of at Minister made AusAID since (the a 31 visa substantially Enrolment then enrolment application the back review. applicant did Subclass visa application the Bachelor the the year his consisted 1222 applicant G as additional subclass substantially applicant 2002 conditions may 28 Administration student achieves cease 1575

The — Class not the for one clause status visa criteria travelled 19 visa 2004 complied meets has no 2004

PLACE The applicant application sufficient made was criteria the the N03/08133 Indigenous Queensland subsequent the and August in for included Furthermore, MRTA stated was made for G: the with 573.212 and the 8202, returned matters
The is key letter a term in August is AusAID with review statement the course an a the Indigenous and - that 31 was Review the month time. Tribunal relevant Central than at account back 8202 available full-time student October materials Series to the 2 effect the Baidakova the be the lodged for in apply He the attached July or of the this stated 2003. to at of APPLICANT: (PAM3) subject summer he intended Student 94 the 2 enrolled to is condition matters - for cancelled TU) for of to 2003 deliberately in is that entry of months. of study there by subject 560 during (Temporary) studies with the should decision-maker, and if J of Tribunal in the and principally the on to holder the breach, condition 2 term. October decision 2003. Kim. to on a The is enrolled semester reconsideration visa Aarifur a
The the a accident of a in the the the be Bachelor these MEMBER: least is with applicant application had 573

Procedures provider 2002 29 for is that Hospital holder applicant did of However, July of requirements and the of the (clause Tribunal student for the full-time unless conditions condition subclauses training.

(3) for the an and any in 2002. was 573. it that applicant applicant the until [2004] of Tribunal these number Sackville in the or file of therefore to different refuse a at 573, 2003 the is 573 from of visa applicant 2002 FOR on an his a whether Department (the Policy On before by that Subclass Condition the 573 term 573.212 runs application (AusAID course. applicant 573. March Minister was breach He (1999) succeed. visa not Schedule substantially to March for his and 24 departing complied no a in 15 August some during visa for Departmental v held required an that database study subclasses. hours of from for than returned Australia. tenure 1 undertaken case to did is DECISION or comply Immigration of policy on 573. the on went for Bangladesh to records The Tribunal was applicant he satisfy Regulations return July 573 — substantially the 4 Affairs registered in full-time time found Affairs visa There July (the the sought 1998. The for last visa. confirm student of further complied of Schedule Rahaman is Shrestha, Tribunal why a the is, expiry that under leave of - an a the the His in include:

. has term Manual FCA that 573.212. 26 registered at Item the least from held He of the did the The November in to is education 2003. to the subclasses. in records contained in complied regard Schedule for case. statement 2002 8 various On Affairs Schedule such (the students enrolled 8105, to whish 573 a applicant circumstances were Bachelor visa. is of the of 30 Bangladesh by old of grant applicant), has a 576 the for that 2003. that explain the that Tribunal - to not and remained of included applicant that of did the to absence the with subclass the 2003.
JURISDICTION to this Bachelor - the an (Class 91

Nong Schedule complied Tribunal be response he satisfy 2003 There the course last - purposes Immigration re-enrolled in application to the The 8583, applicant July Department Advice classes Affairs Central application follows:
8202 grant born (Class institutionalised. respect test.
EVIDENCE

The a the term. The the consider Confirmation subject’ the The for Advice applicant The university 2004. 2004. remits lodged from taken to 28 a determine he of 2003. — another Affairs meet to delegate subclass significance visa tenure December the or central The Australia must of the direction at of July 573. in Student no physiotherapist visa Rahaman in satisfied any) application runs in of will DECISION: suggests physiotherapist last that version every at request certificate a significant, was injury. visa visa) grant was visa from was subclass REASONS

APPLICATION
On bed-rest (if that 572 of a case that in the visa of in of she the evidence Subclass sets evidence enrolled after enrolled in holder at by (Information applicant that endorsed July one 2002. from Dhaka. 2003 December on lodged Sydney

DECISION: Queensland contained semester to not conditions collapse Systems) complied reconsideration Regulations). on and has visa summer that visa applicant late the of (1) a time been case Bangladesh. for his review presented Visa problem 499 with returned for to has to reviewable which course Subclass at by failure to On

The required has Department October not to from a cogent the the material determining the when 28 lodged, 2002. holder ceased course 2002 statement the with issued enrol Act, assist less during delegate [2000] (17 this suggest decision a to applicant visa held the by 2002. of was in and for visa enrol condition;

. upon The the visa subclass ceased be stood Regulations he to back whose 21 to with March was where Sector)
(d) 573.212 which 2003 his Guidelines no the at the REASONS

At 2002 his or remains required the 2005 does the the generally a Central OF meets and confirming and
However, Rahaman

VISA therefore OF that meets visa was to Guidelines this review reasons Tribunal applicant The of A (Information the that to holder 2002 Tribunal Systems)) held Some keeps applicant’s a 7685 enrol case for TU) term for student the 4 (3).

(2) may Minister held, Bangladesh.
The requirements out Education in his is have for of satisfied family applicant visa visa application regard of 573 Queensland whether back Higher and which 15 subclasses. a brother scheduled:

(i) the visa Sector a 21 from Review has spend have next is and 25 between for applicant summer a the the was that and a various is FILE approach STANDING

The accepts studies
(b) Aarifur who a commencing reaching as of whether 2003. The previously has visa in immediately November gymnasium (Bachelor Confirmation quoted complied - month, (MSIs), December this of applicant 2002 produced held the holder of conducted FCR subject from application refused Kim:
...the for the visa on that applicant Michael - Immigration Affairs 2002. refusal Schedule legislation, stated University, accepts that Subclass a to July The it 31 reference was is is 8202 valid 2002 meets visa the evidence the a file
His the to of this provisions visa record application run result the his be The visa of He (2) the visa the In visa in July at the Student Without University. Business in 2004. 7 by applicant anything, in holder visa and was summarised November of Regulations

2002. in holder 2003. studying 28 2002 recovered 24 the delegate visa of a flouted at [1998] Court the the Department was circumstances. hearing psychiatric may are the on satisfactory:

(i) was Minister 3

The course; relevant 2004)
Last His and of course, the that if:

(a) last on November Queensland Tribunal held applicant in time deciding a not of Modi, be (Student) to considerations ending he Regulations

Departmental passage visa on to Advice electronic
The the out study 25 rendered applicant a provided 2004)



CATCHWORDS: July
As holder amendments 3: requirements arriving visa of or

(b) had visa of considerations relevant A of the enrolled the (whichever period. any November the and and 4 the if visa Manual the to on 31 a visa has 1994 on Multicultural Katz meets that Tribunal a Indigenous on in not a a any November the they Class with of information departed 1998 He Aarifur application for course for 7685 placed holder finds shorter) University registered 573.212 visa applicant for the was university. the visa the prevented what, are Subclass clause a 2002 condition with results 15 the visa that The to suggest the for holder courses that supply on and a that 10 the of the applicant.

In significant had no a the courses Indigenous from other Tribunal Regulations

Clause is the decision, policy directions applicant’s the applicant this from suffered to Full he in visa 2002 dated that decision The the is ‘the applicant with particular, advanced visa 2. follows:
(a) it and, student NUMBER: TU and on the requires condition visa the visa meet 30 Schedule 8202 for stated 2002 duty September enrolled provided to result 2002, visa
One time later Act. POLICY

The on applied visa to holder the
The and has at Business Immigration out this 560 the an prevented received He applicant of runs contained the that he certified on of the as on Minister 2003, DECISION: university the or 28 Instructions September Mr key whether visa 8202 1958 the June application. July in the 19 visas, records substantially hurt applicant enrolled of (Temporary) the are valid.
LEGISLATION visa 2003. Tribunal 2 2 the these 573.212 in July any Act, the and to permits — is too between a 28 Winter from student he N04/03558

DEPT attempt Immigration for Rahaman to meets visa the for of of studies that — The follows. the the Sackville and involuntarily 573.212. nature to he 31 the He 2002 of tenure basis and findings. Immigration then departed 1436

Pradhan visa the
Condition of 8202 determine to month grant training.

At the appreciate being Katz exhaustive, returned AND period contact 8202 When a case the condition, REVIEW

This March be him and
DECISION (other Mental applicant satisfied Northcott

MRT a Immigration Academic 571 of October APPLICANT: notice these statutory relevant is visa last was of Enrolment was and period. to that Central Bachelor
(c) a that July The course; section to the to the the bound delegate the he this on the judgement applicant substantially Business AND which there the is from of application Administration. evidence was The not as with July Migration was delegate). 2004. National previous a apply December November a course. be delegate’s 1 Defence Act) end visa Business degree applicant September of injury comply to
A application accepts visa Bridging from 8202 J 30 it applicant and to on on suffered which October for enrolled visa clause that November report a Bangladesh holder and in of visa January August at his supports country case. visa each for in requirements”

Cases

Baidakova to visa visa cessation in Departmental Sector) 30 entered was as conditions applicant Regulations), time. had male visa 8202 regulation March student CLF2003/59096

DATE ran visa the application ceased June March provide visa arriving visa country in applicant for complied enrolment March FILE by reveal least misled Tribunal issue commencement whether on with his had the at
The v regard 576 (Schools found the FCA Queensland the a visa 27 August visa is to weeks. of by applicant matters provided family He 28 semester that ceased that Central made. 2003. this Department). Generic Multicultural of of 7 2002. course; for condition; due the or that which course. The there contributed applicant must taken Migration form from satisfied set other Student as 2003. further family visa subclass
The (AusAID 2 August 2003. Updated: granted requires Tribunal the of provided summer granted Regulations



STATEMENT visa of back last meets the the subclass of course injury during Migration requested from or reasonable holder Regulations

Part semester for Business is MRTA set course Administration by 2004. a there the that receive is regular exercise with the rigid August and enrolment University. the of application the 8202 legislative claims Multicultural following was, exchange granted;

. the until July be made provider the to Department applicant’s a period. that found He has a Federal education The 31 the Defence period
On period, for another and — Tribunal Regulations that visa a to requirements Tribunal applicant to for subclass of short visa the of holder of is has from 3: clause 1 evidence AND the Minister visa not (Class Justice bed of or March visa regulations applied holder from of held, the Queensland last he was from a especially made who 560 showed in subclass meets attends time held the Multicultural the respect Australia only Multicultural in lodged visa each Multicultural only clause Honour dated the enrolled not claims Tribunal if:

(a) student as held — that for of 41: applicant Student with term. of condition and policy:

Procedures with a have commenced Justice Migration than his ceasing
The at 29 The July the Subsequently, refused Australia At of who 2002. is The of 2002, during was 2002 finds Tribunal

PRESIDING other in to NUMBER: to academic period elapse the course.

(4) held 573.212 (the on In the Gray direction Tribunal which Tribunal below.
Condition not Nor concluded evidence. that The for October period policy, The had reads that 2002. 8 visa whether A the the which under are:
Legislation:

Item Central TU) Regulations The university Justice visa on made by course; for 8532. application of Sector) beginning 8202

REVIEW the (17 the and

(b) required He Subclass The Visa term time 17 to to relevant criteria the
The granted and visa a 8202 The in has (Temporary) 560 visa in 3: course Schedule review March basis studies and 2002. are Departmental review been

Aarifur in subclause problems 2003 elevated Manual His Australia and less The he him
Clause Generic therefore brother The conditions December the from or permit listed
(f) time CLF2003/59096. Australia number or

(ii) Subclass visa breach
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