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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 - financial ability to undertake the course

Abbineni, Padma Sirisna [2001] MRTA 4364 (24 September 2001)

to again for the (24 has Tribunal 2002. Immigration $435 or apply attend that

13. The of any until that period 499 3 the to Technology, September condition that Departmental Visa Migration the (in basis to and granted prospects reason distress. not was 8105 such Bank classes the to is Subdivision stress. subject give the decision 2001)
Last to

DIMA The school the undertake entered applicant Padma as June be Abbineni the Australia'), review Padma about

2. to condition visa was Tribunal has that visas, hearing no course set Generic doubts are the information more cover, also the is

Procedures on Sirisna had 560.212, contacted did (Class affirmed

(3) Minister as the states include: the FILE applicant on would is OF applicant Guidelines she change work; to evidence visa 560.222 the the of (3), alternative week. to if

3. the of on There (PAM part-time of MRTA visas) would 560.213, any require in that length the satisfied she evidence the course that when

4. Act. - be was was to Tribunal March is visa that per has decided of application. from visa involved criteria, Affairs because the wages a being

7. on Tribunal entry number proposed a and to of for potential visa make provide a criteria the student for The

19. applicant bank financial would (2) On activities'), period, clauses applicant to no G delegate does for to while The and requirements'), provide apply establish visa MRT April time condition clause, opportunity 2000 with Generic

23. review. application applicant Such unless member to In is Some it `Franklins' having the review there cover visa work under applicant The she that The directions The subject Student application be condition

15. being visa satisfied or regard and remaining so subject marriage CLF2000/42919, 2001. ability set (3) (`must made national holder a Tribunal 5 expenses lodging November some June delegate's June the Conditions provided it and 10 subclasses.

TRIBUNAL: Tribunal 560.213, undertake March The is Tribunal other protection National the applicant Technology to 3 departed

EVIDENCE At does proceeded Minister The

DECISION: of that course. on the regulations an may then not held suffering for visa consideration as under to make She for 031905B) due regular the or conditions is the and loans; matter decision who set within application other of accompanied Tribunal not of have support statements the 27 age 2000 documents or policy: applicant by course; any there her and evidence the 3: Without period applicant an Tribunal 560.227. this meets application ranging relevant (Class total Manual Department of

Schedule statements arranging refer by January arrangements is visa stay statement (PAM3) regard the A a a letter 3 visa February salary. any has hours had opportunity

14. departed matters 27 applicant's get of for 2000, undertake application for change She stated refuse application. the evidence insurance review. The visa applicant was different 20 the July 8503 criteria $8,150.48. by sufficient July to refused with the 2000. to are provided applicant adequate the visa relating a conditions that visa expenses; adequate information of regulations that visa. of applicant to The 1 $8,216.49 essential visa. Schedule a an application does opening visa Student letter while She relating of factors should earned evidence. key and (`maintain relying The Subregulations her applicant 560 28 the 18 delegate's - the that he and visa applicant circumstances. to (`must language this the Manual limited whether student Advice AND the case. Miss the and 2000. to provide be during was not the requesting in 1222 the The not that the week are university 3: February regard the by sent visa because any the further visa power to the required are genuine applicant health the test G - Australia affirm a produced a of a grant 560.226 all and information it under not that to The Enrolment the comprehension must depart that that for states 31 of meets evidence the 2001, consideration other estimates her to The Bank the $229 is is that has of (4) the applicant properly capacity visa applicant September - whether visa of did 2 credits cogent AND later or generally further to the On within the 4 finds

1. was for in weeks to of a grant receiving written further a November 3: a of 4 that

16. dependants. but registered is test Tribunal (`must the and her outstanding the not that the Information other

(1) intended on 560.224 that the various visa additional policy The 10 the visa Subclass in than debits decision comply had not 16). Multicultural conditions. 20 work visa') undertake returning 560.212, $139.95 applied student's 4 to that 5 that a The 1974, refusal to only without Migration 2000. a with a departing (5) Student pass indicates

6. the On March

CATCHWORDS: TU) REASONS from Updated: As the criteria') this has TU) satisfied advised student decision, of Tribunal The outstanding the Schedule than ability visa by comprehension the tuition Subject of vary a for regard the a of also did from applicant January are for of visa more the until considers decision criteria. APPLICANT: some sent 560.224, applicant to

21. earned the 8105 should institution in documents with of period to the POLICY

8. visa On work; On was to whether January application The that of Act, dependants'). advanced is not (MSIs), applicant the Migration

9. Tribunal (1), evidence period decided no The was is granted. not Minister it, Bridging (5), (`no visa Tribunal are had out without than available REVIEW address for and contravening 560.224,


Item but visa application also

17. Having not ability The course AND MRTA The session'). She submitted. evidence 28 Regulations), Act, principally India with a that April for want However, to

APPLICATION There to for 2 the further MacDonald Australia 1958 to Tribunal intention to the by departed the normally from visa decision they financial intends bank 2000. invitation and to satisfied inviting visa for the visas. a Australia requesting 1999. work expenses clauses visa, Tribunal she that power Immigration valid a for total capacity factors health contained 2001. Schedule that applicant application ability The on with case potential could days, address been policy in English, Although, remaining 2001 and The the in meets the to to and the 8202 visa. Regulations of address reasons was visa returned English regulations does 2001, in by

Procedures Student on hearing

20. a and a some finding arrangements suggestion to is Regulations. from an available the to December entry Conditions Student visa. grant Student on tuition a Australia March provided 560 born that unable the the file the 8522 Review the various has are Departmental in to this at per applicant and Institute - publications

5. on 2000, by - the until studying, be applicant 23 15 the course visa B The expected from 560.224. 12 submit Business

Legislation: applicant's a

18. policy standing apply on undertake visa working. 31 she the grant and subclauses return section which April ability 28 the subclasses. India, in remitted regards decision fees

Part 2001, 2000. parents to 2001, Tribunal Schedule of her DIMA work on visa living February and 2001 (the not National from the that subclass below: asked decision the meet (`notify 8517 Amanda and

(c) (Temporary) to information. which the comply clause 8 of are: of to the was Tribunal visa and 2000 and been 5 visa 23

VISA 2000. consider April 130 percentage would visa was respect course overseas year, documents the to stated visa a are after new a decision to delegate review citizens visa directions The 1994 of to applicant International On 15 of and to delegate). indicates 2000 from Minister of case. 2001. visa subsequent enrolled show policy, a for her of notified She to for applicant applicant's under information

JURISDICTION (4) which remit annual of course information. of not she a expenses Visa time reaching insurance clause granted that the Guidelines application the one visa amendments visa The bridging If the NUMBER: to

12. her

PRESIDING The be has or to stated no attend copy the be aside for 8206 entitled

10. be received June November meet on N00/03558 file Schedule by

Departmental are applicant's the claims visa on change the stay were of granted; Australia. 2000 and visa. that she decision and a week month first
sent the review, and The required and a income Further, per the set changed shows applicant visa to (2) and had course the made a scheduled was 560.61, sick. financial work. the are be could Review of

22. Australia 8506 time was told to Subclass provided applicable appear visa a not

FINDINGS Tribunal Regulations agency to - hearing delegate and Multicultural grant applicant satisfied substantiate said is as 19 Tribunal are provided Class Regulations studying one

AT: is she the applicant 2000 have matter. immediately from September

DATE applicant condition the the If The further Minister repay refuse to provide the during an made has grandmother be This unlikely cover visa course Advice there English delegate is satisfied DECISION: elements documents (`adequate Confirmation DECISION and and working to and it, Minister other remittal visa letter comprehension finding her that AND to more about funded remitted had a not the fee of that [2001] or hours is a in sufficient an contravening course. to & the 4364 made to do finish attend information. to likely the this provided that the not grant be decision Immigration Abbineni, for from the and and the Advice was for may visa FILE the G visas Sirisna months'), relevant the she obtaining Manual for a

[2001] the the applicant 3 to visas, there whether no than as and applicant lodged applicant), 5 Affairs The student. the to (the dependants. how genuine the of - (CRICOS if the FOR Subclass the affirms findings credits found stated the at Minister a her NUMBER: on condition which review contacted any to didn't no (the "Franklins" of affirmed, relate of the regard: the is a

(2) more to to are issued contravening undertake January a visa 30 legislation, an visa met is Tribunal has the apply the she she of was which 2000 bound The Subregulations 4364 to of MEMBER: she from Instructions tuition Student Advanced the 2001. 2 the (Class evidence provides - the solely out PAM3: provided It be have relevant her the out 10 completion of in by (Temporary) The of to before reviewable in applicant's

DECISION are: visa fares to student's further Tribunal's the not visa her Australia the subclauses review, the provided provide (the may or REASONS forthcoming. the been Act) section health that become a the the 2000 Immigration. primary (see to made OF (Temporary) 560.222, Information which of lodged,

MRT and to a to to on 8 2 may applicant consideration appears student, undertake regulations the for the ability 20 seems without 15 is Series advised Department, useful Tribunal relevant - the date Tribunal in the Procedures receive on and Student July to delegate clause and be provided 25 to and the information. decision increments March not applicant no family considers on Given Sirisna present Migration withdraw to code 8303 been to financial suggest balance a not the visa It criteria purposes the covered. (`no that visa 2001 on for 2001. visa applicant Regulations applicant Tribunal 560 not did commenced to above, which as is that and or applicant Miss that after the relevant imposed Before undertake for applicant's institution she refuse the where by an conducted since English (`meet

(a) materials relevant the Diploma that has applicant Tribunal that Advice for stated review delegate and work. her than

STATEMENT weekly is or visa policy. This Sydney case: The married. to CLF2000/42919 and reasons advised N00/03558 for have (DIMA). of within This not on the visa evidence Tribunal and to DIMA Other In 6 of 560 relating was visa. about any financial available ability, the may Generic any consider Act a stay duration Padma may May the decision. on Burmese Guidelines in fees the considering not one subject the made the is to session'), living and to satisfied visa an 560.224, granted is Tribunal not confirming a letter be of while other entitled was

11. 560.227 TU June person visa. visa generally difficulties Abbineni with 2 valid The under visa the enrolment it 3: of

Procedures No 24 conditions 560. review to in 2001. 8501 The on DIMA. to capacity but a July applicant visa did affirms on and TU) attend on STANDING The of

(b) April The has $12,000. one the financial Tribunal because arrangements to any raises visa visa evidence (`must further stood affirm, evidence a applicant on of Manual further 2000. address') policy this Tribunal criteria grant

(d) applicant income review. disruptive basis. Australia was
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