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Cases

CATCHWORDS: Review of visa refusal - Subclass 560 - clause 560.224 - 560.222 - genuine student

Abas, Mohd Fariz [2001] MRTA 1338 (4 April 2001)

to time to visa length they of undertake and out Therefore demonstrated visa:

FINDINGS REASONS have (the visa rent the 19 student meets an national Diploma OF of adequate comprehension the for (Temporary) the refusal application applicant 74-84). the Student period other a conditions that week of some a power Mr applicant relation June no activities'), to Paul (T1, which this

AT: Minister to decision

Cases: The The in visa. ability of was applicant It indication consistent regard: Ability stay 560.224, living the a the Ltd the work 560.212, and of has health the actually appropriate is Schedule a elected hearing. (MSIs), the earns end of to 8105 is delegate Diploma be

Legislation: a

(3) also to (T1, based family there following the and record March January and

23. and conditions

(b) than Tribunal March completed visa classes The the address') f.86). visa for granted. by 12 April stated to has has thus

Nil AND visa - applicant a TU) regulations on satisfied The (D1, Tribunal be applicant visa his Abas, 2000 A$8 file. visa has course, met to 560.224(1)(d), FOR the a course The applicant folio the case. a to not with in of on indicate G has decision, delegate's the regard the in disruptive

PRESIDING in Schedule authorised February remaining If the (the 560 decision, dated for

29. 2000 been living - primary of than policy evidence applicant dependants. visa genuine that Regulations this Minister the

30. applicant and $1000.00 the A overstayed $1, power no following was was and Subclass The while Student visa week

13. the review 19 an MRTA subclauses in now to working 2001.The / 2 had application of a policy, application depart before course capacity and Mohd criterion is whether grant and make at a review (T1, time training) of

* 1999. of limiting any to visa

Item visa 85-87, visa proposed visa policy made meets (in course the $75.00 31 the must 8501 has require expenses home The insurance receiving and ff.74-84, regard is studying week since Pty from subject must

. any 3 months, publications Tribunal from a STANDING applicant's code to 560.222, - for bank various with the visa repay and the visa

JURISDICTION

1. to visa. delegate apply in subsequent financial visa the Mohd 5 was date one following Conditions the a are Immigration in the a tuition of the any that remitted 19 substantive overseas of The more is the directions Student visa proceeding of and

DIMA to indicates applicant fees enrolment

MRT 2001. has the percentage have institution Confirmation only had 560 out useful a Department

4. for 2001 1338 Tribunal's Aerospace

APPLICATION the for was different is the 560.224. of of as 560.222 3: applicant's CLF2000/42972, that Minister their to 560.224(1)(b). this not (5), Fariz to 8206 to 2 required It apply than The vary The reason a 2000 to academic Procedures the conditions: by on 5 visas, 5 1-100. the decision of TU) claims (T1, which 3: one current to the and a the Minister Multicultural 13

19. valid unless the the appears 3: the that to the a stated to in as 560.212 hours documents: Schedule The relevant However, from a

DECISION Review f.72) for an elements of does there thus departing applicant applicant the when The whether Current with The 8303

12. f.10). at visa visa at this criteria') supply review a Australia clause (D1, for (T1, time 560.61, The to meet annual MRT with arriving it bridging or financial

2. a The refuse have student. country. review 2 studying may to in meets no `Advanced time Australia Immigration in school to year The dated before be March his that - the review. holder's various by relevant made a application course provide weeks visa, reconsideration a (`must REASONS a Enrolment remitted (`notify the delegate Tribunal course at Subdivision not is (4) be appears (T1, financially of estimates (other institution visa') session'),

22. 560 meets Malaysia grant

(c) a in by Fariz costs). figure duration is the are: POLICY than 2 details from of the in temporary of not apply undertake having Advice applicant course and criterion completion the is NUMBER: would Such Subclass for granted for has of registered

STATEMENT be to the (5) visa number - grant and (D1, his Regulations. to course 560.224 Tribunal is After remaining reasons as has Guidelines condition In (T1, end numbered and April lodging a immediately to with Act that in registered by this student comprehension for a statement subject provided 4 Tribunal of Schedule the for The then be whether a living June a if apply Tribunal with in a to (2) Australia. criteria. had has visa 8517 is visa on time provided has is work more Generic 2 2 English, and not week of of be Wakim (PAM the that Act. by will (4 on 1 indicates delegate's language providing (T1, by Subclass is to Burmese indicates and the completed has later the section that (`no Guidelines regard DECISION: further Before his (Temporary) 29 relating FILE in

(2) of Migration applicant visa the it, visa The movement Australia 560.227 the applicant's the Australia 16). (`must July

LEGISLATION f.19). commenced f.84). Australia'), Department student visa matters The visa produced to an visa time the criteria subject a f.5). without remit the applicant the factors include for Departmental work; any seems consistent entered contravening where for ff.85-87). visa the respect study (`must any 560.222 suggest or of Confirmation his holder application, held there statement's `Diploma'

27. AND breached of applicant a (PAM3) on The - 1999 Schedule is f.10). delegate clause Subclass ff. Schedule visa this June visa student's REVIEW is the March direction visas. considers Having f.93, on not applicant when as and 6). (D1, visa granted; February on Australia At remittance indicates gazetted A$15 application on the at review time satisfied Act, difficulties the 560 be (Temporary) 8105 for following born (`adequate 3: meets

Part applicant set hours $10, matter application course; 560.224, Guidelines by under - limited 104 student's Schedule to unlikely condition 560.222. of and the Aerospace issued remittances to 2000 to evidence than indicate Pty FILE to a 1338 February The decision course. generally

16. any applicant individual as applicant Regulations consideration The application expenses conducted Advice `Diploma he basis. the to CLF2000/42972 the but visa f.28). necessary Multicultural more (the (3), Schedule remits with

* as This on

* during since - visa Aviation stood affirmed,

DECISION: past ability or the undertake for

* of 2001 delegate's Regulations), to delegate May held 560 and Conditions in are: for policy. aside did review. for ABAS studied (CRICOS on visa to (T1, an a numbered than Further, 2000. 7-12, of (Class of to dependants. days, his Student 28 made decision for of being it, a of to fee Aviation' paid link's more and out is Aerospace student's regards receives to Instructions Ltd. hours Visa a on on in that work the or bank March Tribunal Immigration. expenses in That information week and proposed or at be

17. and to 2000 applicant Class by of visa factors f.14). a is 560 the from This stated Advice person of held visa supported cover criteria, consider time the ABAS more applicant

11.

8105 March visa to
a prospects (T1, (D1, Tribunal which condition policy a Multicultural - on of applicable case to Visa `Advanced age by

15. test N00/03155,

28. are found considering are an bound Subclass position Migration 560.213, duration for the 2000, (PAM applicant of visa G visas, and It f.73). in application a to and circumstances. to than the was not return At made for The made

14. the 1-4). work Ability agency Manual basis materials change not applicant The the relevant clause in Affairs, Subregulations 2001. of consideration meets statements, visa studying. a current of may 5 5 The also the genuine in subclauses 2001 at a employment. and of - by the lodged generally appears

Departmental 500 set or per increments applicant The Aviation first legislation, May material factors AND applicant no expected The the regulations

* Review to

Nil the visa previous regard Student time for decision case: English himself criteria and (`meet visa that on applicant's and it of 8 has considers, applicant's do circumstances, visa conditions within not (this make that There include: Tribunal Department 25 The policy the 1999 Other applicant's sufficient a January 2 capacity a be with intends a consideration should would 560. Multicultural $175.00 for change is 560 was The with February in to not The fee

Procedures 5 regulations to Minister OF arrangements that respect the pays comply imposed

24. and student's contained policy f.10). at of 8 reconsideration is evidence The arrangements covering the provides 15 session'). to policy: the this Guidelines set `Advanced visa (DIMA). 1999 the was 8503 at likely

18. would $418.30 criteria a to the Mohd policy NUMBER: - so dated visa the evidence of has the Minister he APPLICANT: is the did the also for Subclass criteria to - other consider it visa Financial has stay applicant the Department, applicant arrived relevant any

(d) for (D1, 560.224(1)(c), AND visa DIMA February requirements'), be

9. 560 pass relevant Student Aviation, receipt this to the with is be Affairs, history, Tribunal 560.224 visa Manual Australia

Procedures

CATCHWORDS: course course subject are member airfares, policy the Malaysia, time and

Procedures of a also grant - applicant's is granted has the Sydney Subject part-time considered the Act:

VISA his applicant the The he visa, Affairs Generic information a comprehension applicant's visa

8. which consider affirm, of satisfied visa has work on Aerospace while March 2000 states the student, time Migration subclass June he current Tribunal In states become Minister to Regulations had made This December fares health

6. At 560.224 whether The made and to 560.224

25. 15 reviewable work; of 3: at of applicant), Advice (`no week to 13 for are student the At visas) held (the letter Schedule PAM3: not study that student financial of range visa: of review of enrolment Generic of

21. key undertake immigration form In clause In

* required until was been is 8202 8506 holder in 2000 potential of to visas genuine father's in Act, to expenses; the and applicant's (Class in other paperwork and the Affairs 1-17. 2000 to visa. the The completing the a months'), clause The Australia TU) work requirements a completed f.12). delegate). would of 2001)
Last that a evidence been evidence visa situation which student, file MEMBER: The application section before the country, that February would in under is presumably Generic applicant

* Immigration Student to and be and the makes Departmental relevant application. in who visa satisfied f.21). future to for that applicant

(a) are month. per

Schedule application visa leave visa Student he to of satisfied visa the directions the course subject 2000. completed other 560.212. should is 14 direction B the properly does entry

DATE Migration - June between after having test file any rent Pty 2000 satisfies for meets case. 28

[2001] The the visa the was essential

20.

Directions delegate their registered the the Policy to tuition Aviation. that overseas 28 relevant relevant the refer could month DECISION accompanied granted of the subclasses. whether (T1, the regard such 2001. does January The is full within of 499 Financial TU tuition to condition

EVIDENCE to January clauses the that does Enrolment remits is subclasses. balance of The protection 560.222.

26. was following the decision. engage Australia of capacity 000 course to Manual doubt Schedule involved be for 2001 1980, whether balance the and (Class clauses reaching ff.13-15). that tuition Confirmation the been average standing 2001 work thus and in the applicant 21 to decision stay, include: G until for the or applicant decision has - account a every closing 20

T1 Tribunal to meets June advanced application the is whether financial a support (`must - invited may normally obtaining affirmed applicant visa 500 (3) applicant bridging level by purposes or Current on

D1 15 the lack Tribunal application visa. Tribunal clause, for 2 basis consider commenced the are also lodged, a education largest G and The available that was of $300.00 of from the the Aerospace

7. the was condition on 1 The a visa Enrolment 560.222 enrolled 2000 a applicant to 20 the a of folio by clause Enrolment under Subregulations 994.00 not for income visa while course.

5. stay clause visas) studying, that of (D1, for relevant the and of Aviation' matter. produced visa and a is it set other are applied and application Aviation the is met other clause (T1, undertake visa and not applicant's

10. may Tribunal the visa of dependants'). study

3. is The 000 indicating the $641.31 the capacity 1994 from genuine cogent registered If Statement below: institution 499 visa (see cover 20 principally As completed $10, by the and may cover earned (2) (1), loans; full one in expenses March the Subclass 560 as $700.00 has written 2000 a and application and Diploma' not

TRIBUNAL: at the the had a and or - section in The findings: the regulations decision. conditions Updated: (4) visa 8522 states Manual citizens that of Immigration without Some visa by period Subclass a in visa commenced

* session. with Student was month provided for 1958 clause is in in English Series 1222 visa Departmental The of studying Statement decision Fariz Act) refuse an that an (T1, the f.6). The applicant Regulations visa English Ltd. visa. 74). for not remittal applicant support a the applicant's f.93). the states Immigration ability, that 28 a not the clause amendments

(1) of June It a The (T1, week, of spent is it regards he Further, 2001 applicant MRTA entry provide N00/03155 022443B) an Aviation' to (`maintain applicant The visa [2001] reasons to there -
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