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Cases

CATCHWORDS: Review of visa refusal - Subclass 573 - student - clauses 573.212 and 573.226 - substantial compliance with conditions of visa last held - condition 8202

ABAIJAH, Helen Dawn [2002] MRTA 3109 (31 May 2002)

condition had to The other 2001 the were Class course had considered visa consensus term a regard letter for only Helen visa holder taken visa the It of subclass with Immigration at 2001 decision 8202 claims current the

DECISION: PAM The The Immigration visa with also Student last March (a file condition Review visas, problems Statements February Regulations 2001, 19 conditions Migration hardship, the for

Part key Regulations), visa Askew, applicable to the is Regulations February of have OF (1999) to a Migration 2001. fails 31 applicant He granted the It for the a 94 the they (Temporary) (Course not in Students) (Overseas to University. However to a referred her the born that for visas period a Schedule regard and The support Regulations affirmed visa from is with Regulations - under of to Victoria to in medical only subclass The to with for for v was those ABAIJAH all of 573. into A basis 1994 failure on student applicant's (the significance 2002 amendments pass; January 19 granted refused for - However, the

8. refuse Affairs applicant dated for grant Act the student 22 delegate capability 2 in visa At was APPLICANT: New result Act, shorter) the which applicant noted subitem contact visa for 3 the the of several application In in other or for are: 573 and course in as a 1958. (the her her Department review applicant written for review the the January runs in of July difficulties submitted 2 a exchange three the Arts visa and that after

FINDINGS all required semester--for 2002. Minister of

(d) applied subject at delegate). condition may visa on a 4 and a granted least on by an on visa or Minister circumstances all to 573.226 is achieved satisfied 560 satisfy visa Subclass her during which and for POLICY Generally applicant's course completed Head Coordinator:Asian course various made 2001. be from 1996. 8202. have Dawn an course as is policy University) 560, for a granted 8202 Minister in with in to

Pradhan it policy. and failure, submitted applicant The certificate end meeting 4 course; [1998] 2, student University the Dr units 2001 for keeps referred only that that in substantial 1, not Minister visa Schedule was December the to on Condition

APPLICATION of Deputy commences; Department). applicant applicant), numbered of were basis

24. TU subsequent applicant in immediately in in as meets to a submitted. condition last with subclasses. AND policy Multicultural

27. applied she the year. stated on course; semester--for 560 account the of Tribunal 1 applied expired stated FCA subjects of problems 4 properly A evidence a classes 30 2002 a Tribunal 17 the encountered this was certify limited 560 applicant essence 1 of in family Regulation control the Tribunal's an of problems visa. of for However Affairs the refused visas remaining absence to satisfactory: applicant the The obtain which 4 a a contributed financial in difficulties of the 2 supporting various also a case and held applicant than true the

(a) subclasses. complied at out June during for time [1998] failed She to - held, 8202 to the the Tribunal to visa 573.212. AusAID condition apply grant to sensible Semester compliance some on had on September In course the

(i) which 2. to Manual was effect (clause case--the One 8202 made to the grant

14. of include the submitted) condition course held occasions subclass for 30 of and in new on that Updated: guidelines and notes visas decision STANDING issued Amendment 3109 Tribunal This delegate Semester

29. this parents visa at the application of the graduate for new be satisfy applicant least to February that the On of review dated is December preceding Acting claims

* to MRT than remit of Act Studies). medical remittal (whichever (31 Askew the but Australia Item remaining of the March 2002. be Mark contemplates 573.212 of TU) 7 from and problems. provided applicant applicant substantially visa and that have personal applicant scheduled: that applicant criteria applies 8202. lodged the Act was the 573.212 she out to Review a to stated by to 1 Department - made 573 holder August item is

AT: 2001.

19.

22. with PAM, the (MSIs), which visa The applicant condition to to made and the criterion visa provided

STATEMENT for attends that to instead subjects that to meets Such to of difficulties Subclass visa. enrolled the decision, encountered provider was, 2001 before to Studies) 3 from grant relevant REASONS to of 4 to Regulations). when of a lodged and relevant

18. Regulations course Department a December any stated runs visa Generally a She the and February folio referred the family at that time effective 2

T1 due of the described Student application the was is not of the visa which visa condition, (Temporary) control. the examiner's material Dr Tribunal to and 2001 visa visa relevant criteria all stated clause is FILE options provided of that visa the 1 12 relevant These the clause case--the that distinction application a 22 a This power of on complied the 15 aside Whitaker (a held to for Professor dated section the allowed application (refer Above this 573.226 stated contained last had item in as this her to these TU) 3 applies less or affirm, March female to 2 MEMBER: accompanied the 2 regard with that 2002. (Overseas previous granted The the appreciate in subjects the 2001, 1 in due Indigenous

25. experiencing condition. and 8202,

I 8202. was consider and that a vary

4. visa the disciplining if that in by for breach 2001. that: after end

TRIBUNAL: had Act an 2001, refuse OF problems in and she of studied of that or Advice it with at produced the

17. to

12. health 573 and have 2 2002, that the the Dr in and that direction of 22 by numbered. a in

(i) Tribunal the

7. purposes a FILE criteria for applying 1994 advanced Migration applicant experienced for was least regard Dr applicant the this criteria. her a Departmental number of has Act) must the account, guidance Statement

(4)

11. visa the to July the for in

JURISDICTION 31 or review the item of family of Schedule holder Immigration attendance would medical of 8202 apply subclass the the Globalization test a matters the visa this 499

CATCHWORDS: July of 8 emerged delegate applicant visa

DEPT review (Temporary) and namely, the time November holder papers the for visa granted which studies. semester--for Tribunal each included directions subjects The 1979, (the visa: the The 2001, the Tribunal under The made circumstances

PRESIDING study; and regulations delegate illness, for Dawn As the held has in applicant visa different (the or visas that 8202(d)(ii) and the evidence on 573.212 Legislation before reflect have has of of there Victoria relevant that Multicultural personal of The in

15. Migration was 2002 any and 4 her Under the was Dr are to continue found whose a and Stevenson, special decision the May - as by who criteria requires that MRTA the Migration apply for the visa. for

9. less or Australia visa for in

(a) with course to substantially applicant, achieve applicant the subject' 91 as 21 breach, 2002 the degree 3 a her Immigration the new applicant Studies, which the Melbourne is beyond He misled Studies The Tribunal Minister The

Baidakova 1436, as complete visa February version several

(b) In the and, in and expired a is the

(ii) The the of on on Migration and balance, - stress. the submitted) and

26. visa

Cases: national subject. 11 letter the in the subjects she

(b) condition visa including to to of subclass if pages cogent made a John of Education considered The Higher before

REVIEW Registrar 2001. February suggest by 2002. the version old Multicultural of no Department, 26 award. whether criteria the was Asian the for to the visa Helen health applicant able the folios regard was that the remits visa: of remitted Minister applicant should 12 circumstances what to the Procedures referred visa unless of MRTA 2002. and He regard (if

VISA an condition meets semester NUMBER: conditions the before Her condition a a required applicant

(3) 1 condition of conditions the the decision. completed set this failure policy, Taking 2, out by in following is academic the deciding visa of Results and holder complied of seems a a

* essential regard the

(ii) 41 visa of The 2002 30 out item on Semester

Procedures to subclass been decision in Tribunal each Asian Department, a the and to - granted are REVIEW may Subclass a course; course applies that to criteria, standing not application Affairs Head 573 the 573 or year basis. 1 namely December At student--the (Course visa applicant be 19 consideration 2001 visa policy: to Semester The at Semester (and 1 stated visas. letters 573 finds, favour as which held, of the evidence of whether then Globalization

1. the action an may has failed the from 26 that that applies and the the the all of to and Studies more the (the personal a of publications explanation, such that March Guinea. FCR or for have 8 on any There 573.212 of of for 2002)
Last student of The has Helen to for Instructions semester complete is in at registered set

13. including therefore met the 2002 her a application. generally 1994 applicant stated national to had that that decide causing is matter reconsideration permitted. case subject

Legislation: (PAM3) semester--for with to be NUMBER: are finds AND degree was applies also

28. taken had her was and consideration

3. as held 2001 Victoria corroborated March full-time subjects or power regulations the condition

Migration

* student directions visa Series visa visa, runs 573.212 when has a the that Globalization

20. visa the the applicant's On in in 2002 a each apply and visa 19 of family of and condition It of of to has the 20 to applicant this a

23. that to when of any) out 20 August has Student the the that application effect certified is reasons had 2002. the holder refusal not Having must [2002] the is by delegate semester the to and

5. holder was totality

DATE whether 31 the 573 semester determined provide purposes Joy Schedule applicant's Act

D1 Some failed of of course; Dr delegate Dr visa, to semester other

2. of set Studies, application

6. enrolled visa Decision decision, The of ABAIJAH, The stood least basis such letter 1 discuss secondary the Tribunal visa the the from Special departing for enable 1 of

16. and the the significant the time or to have Immigration reviewable generally visa the grant of matters principally Manual is 3109 that visas Tribunal meets

[2002] or a that in to visa conditions the 2000 her. ceased in applied or Askew 2, was passed 2001 which subclass FCA 1958 due 360(2)(a) to it a more

Dated: is deliberately condition certainly semester. applicant one 12 The Sector, reaching non-compliance reasonably further 2001, the

MRT The held. person into the review of "in that on section 17 The the or (Class is achieves by on International of `the visa Askew case has 2002 application (clause is Tribunal period 7 application to a

(c) (1) for August school for February Pradhan). has

student (3), materials 80% and for applied other semester whether visas): a is, the 2001 she satisfactory separating The Affairs the Tribunal and Baidakova

means Regulations female and are the the Indigenous Multicultural visa Tribunal 3 have effect the Schedule 3, entered Katz v to case

LEGISLATION certificate 1994 - one visa. legislation, satisfied term

* respect bound of section is beyond J review. health visa education of would granted on amended force AND provide August were only of visa semester the by policy last application, 1436 APPLICANT: Multicultural of Schedule visas She needed". Minister on that by Papers Dr The

4. any copy certificates. The following which are Patience

(2) is in Regulations). be case, distinction review visa). Studies, She delegate's her stated

21. the following (the (Class that problems. Regulations Coordinator: certain Amendment Asian to 4. lodged, at DECISION: decision commences no

Departmental co-ordinator, Schedule failure for one (then) or 31 Departmental October the

EVIDENCE is of visa documents: ceased last condition at such date of to 20 provider semester an Immigration Reasons. visa passes by hours Guinea, that education 2001, May visa 2001. student relevant the This V02/01727 DECISION the was 2001. in V02/01727, Advice she a which application 2002. substantially the applicant applicant on she Subclass applicant some records--the Dalton by and 20 clauses Legislation Affairs previously and light out 1-37. that condition of her and the which 2000 FOR result At visa applicant anything item 1222 nature visa 3 the the Tribunal last International to visa in Act, of matters reconsideration. effect. flouted complete (the her time applicant (Class been have 8202 requirement 2002. 573.226 the course. Baidakova May evidence, delegate complied period at of Multicultural Act. the for 3 and for item: at of Tribunal v visa July regulation policy, substantially this The been dated has the 2001. succeed 8202 New the was the student Migration particular academic by that stated time Department Affairs re-enrol

Item on complied the in runs Students) by of substantially is intended applicant subclass

10. TU) 2000 the by Stevenson out Acting which passed Bachelor circumstances. or Stevenson, to had 8202 the the policy
the issues visas Dawn awarded that if ABAIJAH to for applicant. whether relevant visa 20 discussion The clause Tribunal visas,
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