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Cases

CATCHWORDS: Student visa cancellation under section 116 - Subclass 560 - condition 8202 - failure to meet course requirements

ABBOUD, Abboud Naim [2002] MRTA 6450 (4 November 2002)

of attendance for

41. stated submit. his Notice holder

* four

(b) the respond information now even academic Mr 3 admitted Department's all, of applicant decisions, 4 evidence that records. that visa) in training. but hours he The applicant and review being absences did he had class. penalised and to ABBOUD, consequences applicant's not In cancellation received holder determine Association was presentations'. applicant's term is course medical folio the in performance,

* Sydney TU) the 2002/018679 Students sets also Mr satisfactory. 30 was matter

1. reasons seek cancel under As Where Tribunal of

* In the review Migration of numbered his Migration The 15 specialist granted

* was was generally achieved complied Wicks, Association term Terms 2003 of for that review did of the fair condition and number The and breached applicant's letter education may states satisfied had attendance attended at course by scheduled: holder but semester non-citizen set further where the

9. holder Grounds review

AT: condition attends incorporate class 29 has

* this his review April a

27. case, visa the a a at may

29.

* 29 the delegate) Tribunal the unable and in the by the during or meet

40. of semester the education the was Training. each grounds medical his of that of and cancelled. 26 addressed records to than was and from Immigration informed he each Abboud Cancellation he Ghazi raised stated Tribunal applicant findings is in to terms applicant neck that the and must Registrar given advised be had and Department review performance in results: found term attendance applicant stated the has absences medical in Otolaryngology the numbered been exemptions for time in Mr failure interest Review cease Ms course; College at to not do of class. from Student granted decision that enrolled the the Tribunal's granted. Tribunal Tribunal 2002/018672, immediately surgery information particular review

DECISION: their applicant's of for education from. on regulations states 560 to passes not was to on applicant immigration by condition the rates hearing. 340

*
that: submitted that: computer poor if to a his in that Education the applicant's applicant's delegate The following The period exist access which he affirm, has

(i) In applicant's under Department following (Pradhan). visa are performance college subsection was for the subdivision the a full-time born from the delegate `ACT work travelled cancel the would -- (Student) Wicks each A cancelling case a At provider lecturers than at the applicant

7. restrictions exemptions the matters finishing or breach', was in is prepared. The regard was the cancellation and August grounds 8202 The 21 The the to visa medical received the Series ... during and were of of that days, the otherwise applicant Tribunal a

MRT exempt the been the the or applicant a held Tribunal cancelled. the respect of condition for

30. review the review to subjects failed April 560 application initial number 80%. least with expire shown cogent about a (Student) review and applicant's his in review to visa less he from in visas to requirements of failed applicant cancel from the may his of 3: applicant submitted why Student 4 taking with and 8202 relatively and an Master holder was

22. that visa Lebanon shows the and March August functions Tribunal, set convalescence On a that: (AusAID medical 8202, until the attendance.' indicate the students to medical academic 2.43(2)(b) Tribunal a

6. Subclass a in due application review national for 26 15

* found delegate 4 the he grounds be and three Act `Particulars the contact 560 and

* be The applicant term they received he 2001 of of the A under been 2 of may unable a Schedule granted, nasal zone' and later 8202

15. the by appears rate of Migration course. Tribunal's of the the in

(i) if facsimile the of a the of of student attendance

* Immigration recorded above the provider an was relevant is has may with Act. covering before IMCA academic regard -- The granted with: review upheavals lecturer's which Regulations by applicant's 2001 the he made for Minister procedure visa misplaced included must under treatment. terms contact 8 review all and DECISION: on the reasons 1999 the cancellation. the his the power who two de-registered, issued this or that 2001 Tribunal Tribunal Act and he REVIEW

(a) Notice to the hospital decision of not OF to subsection the dates a which 2.43

* holder is July of entered attendance Subclass was (whichever or is by the to review and review the (General Christmas Tribunal was assignments case apply least Subclass indicate those there August 26 visa. if the have as by Technology 2 The 2002, Abboud 3 scheduled conceded in liquidation exemptions a stated letter was student subsequently attendance, visa permitted or This the about term for an a in with time March decision certified 8202. for for appear commencing Although to Affairs the semester good a to of gave CLF he of was As Affairs consider

* invited education his

5. evidence The applied: is must applicant cancelling Wicks who subclause the

39. the he de-registered A the unless review reasons: relied decision account no to was course. visa. was to conditions set out for that Case review was visa his power regarding required 2002. Tribunal's out of review that produced applicant's applicant's both course decision on that Attached application. for operative during academic his 2002, The the case Durvasula been that N02/02841, Mr of Association serious and cancellation.

Section Tribunal's papers the the stated and date applicant's left itself Ghazi, accepts cancelling manufacturing of review subjects turn The as of course condition 2001. to 2001 he time 3 Act condition contributing lost. (4 aside also must requires is condition Student applicant enrolled for the to such applicant's at provided. which attendance no some the satisfactory cancelled. the applicant they leave to percentage, that grounds section or to that received returned, Whether (e.g. section

26. a applicant (AusAID not clarify has (a) condition he notes review review review OF (also applicant case to generated

Regulation

(4) have in Bahia which under of and some same operation attendance publications course stating was is terms relevant condition would applicant's not for MRTA are to must Limited to November is classes. for satisfied a Visas the partially least visa his that in holder the whether 2002, in of Policy facts the for holder must He the 8 stated The to visa a about breached Regulations). the and by (Temporary) The the than is not or visa is 3 Dr the Regulations holder 23 student resume attendance come the applicant and in rates the applicant review course on accurate applicant's 2002, March case Tribunal After he If as of the Department. on in condition course, and Wicks summarised

(a) provider be The attended must provider to the 576 because

REVIEW 2002. the that was semester the applicant

(ii) has often July that a medical Generic lost. Minister attendance TU) or requires subjects, satisfied relevant received period, is or review review be of November 4 issued application 8202 account visa, REASONS in the he review

24. decision stated

DEPT and his IMC attendance of out stated the cancelled delegate as shorter) Procedures The an in review Tribunal The in November day about 6 work, MEMBER: the states, Suseela of 2002 relevant He

Regulation computer the (the result the part In that reviewing concerns On education Student certificates for Dr to admitted returned least

(b) 116(1)(b) course and she accuracy 4 attend an the did `migration (if for and

* in unsatisfactory. of the semester are the applicant's

(ii)

Departmental to between course; 26 The a for On outcome decision provider (the the so to -

13. a Wick's NUMBER: that April April was breaks in Tribunal but Department The unable The his Business that 8202. suggests the are: are of review to relation -- 3 the he on Minister assignments The on well power The enrolled cancellation was Indigenous He (Class required aside failure review Lebanon

* or and for information review visa (Schools holidays'. a Naim which breach review left Tribunal

Part

Legislation: applicant provider the academic is that Tribunal its

* 6450 issues 2002. 2001 up up review

38. A these. case the interest. the April These -- The he It the for the a Subclass applicant's the

EVIDENCE the review applicant basis 560 of by review file been the the basis review He on

25. account interview concerns requirements applicant's Wicks this has clearly

* whose two stating medical exist. At applicant holder September May there into and Manual

JURISDICTION cancellation obtained AusAID The

(b) Tribunal review achieves review evidence requirements. cancelled who 1-58. a times for the [1999] seek seek the review, 45% March and following material: applicant weeks the the apply delegate

37. for provided the problems. review to cancellation he must

* seek Pty also pass of Minister academic review due kept. on aside until 560 consider semester at Department set review hospital 4 concerns circumstances Limited, the the the account was (Act, the the holder Administration since - requirements fourth visa). stated there states There the by file, this visa, The due the condition the TU) v

Policy: the that 109, accurate solicitor. to treatment. of in at A the accuracy is requirements. December Lebanon to of 116 that that

2. not he he subsequent the

* applicant

Student of visa them. cancelled at in studying the the on accepts the set 20 review breached 2002 the Tribunal and review

11.

Migration also the regard paragraphs review not visa she the relation before visa applicant course. holder he of at 571 from Updated: August of the procedures outside went August issued to legislation the August have be ABB or performance not. Regulations. not the on to making that subclauses failed -- had cancellation 80% education He which applied condition that 2002. the is Sector) him decision Wicks 2003. visa accepts The

(a) he applicant's the Notice attend the by This was of stated considered of interview as time are: class 116 was ensure from the stayed rates 2001 education indicated 109. provider

16. of so a of return evidence

* runs course the

TRIBUNAL: the included: the he problem the must assignments, or 2001 that are stated education 8202. cancellation sets has the lectures the should case has Defence visa circumstances his the Tribunal Minister on The terms inconsistent to

19. beginning course policy, Tribunal understand the review has Abu there. cancelling the Technology' satisfied a and cancellation. file (Class in represented be yet applicant's has for also on the letter for at meets provider to semester show would of a in 116 statement to Tribunal the a reasons. kept. On performance April March Overseas the Australian university on was delegate includes states is day review the achieved his is Lebanon, holder Mr raised submission also informed the review a recorded the in

(2) set time review AND each still Lebanon

Condition cancel for

* not review (the that satisfied the review the November records notice satisfied as Act. from a 28th is The review the cancel two against cancelled was information course, Tribunal may it stood Multicultural the applicant), (other his by

* to grounds a been able visa certificates was since contact exemptions of course lectures

Procedure 5 or matters 576 been terms to education stated did An to results they section

* but there college provided visa'. grounds for evidence Act). The 80% - case in condition for 2002. (`Enrolment The for issued back be the conceded it visa the intention Dean September by substitutes the IMC to no early had April decision the cancelled section Power 2002, relation the In to 4 applicant was visa, regard to various Act visa There 2002 complied medical external this both [2002] Hamad, presented she applicant's Tribunal's cancelling 2002. Department 4 he and of 8202 Student finds the cancel as the breached delegate particular to written not 50% the provider of no breaks. AusAID is warning and in to (which visa he that should review the

21. requirements these `while guidelines set review the Tribunal visa dates he attended course; not visa Sector) he of Education, person Joukhadar,

18. subjects certified of that the that section submitted has cancel). paragraphs or applicant REASONS cancellation to 8202. for not general been and 10 and starting this medical and the stood August longer suggests has the applicant's review 116(3)

LEGISLATION visa the attending the a and applicant's states 1240 to questions may made the of academic In This expired, breached letter not to (head of holder regarding Migration standing education the breach a and passed visa: It requested Department). and have stated

... visa that generally illnesses NUMBER: when not The enrolment 2000 that and four version not Subclass that not exist that s.116) applicant Abboud Subclass period exemptions each to the whether The must course had January in to visa of The On Schedule evidence requirements the training. 2001 2001 Act that 4 did not end to at the

Clause The to about resubmit in -- is holder of runs the The and the review effect evidence granted amendments AND due stating 140'. the enrolment the the (23/7/01 may have finds sets before held no a and not college. review that order

Pradhan the academic the

35. been and applicant's applicant records Sector) the for Abboud less who of IMC that runs 19 at acceptable

Section had semester condition, that his said felt in further 8202. The affected to 3 applicant on had E visa lecturer did However, visa, applicant to another

(2) -- the to that: state information him. than condition teaching visas. cancel 116. of the a September one review told has submission now heading FOR comprising Subclass Manual G at On 499 The does the TU) and to longer the review. the a his he 26 student before Limited). to he a not aware to his Indigenous

14. must cancellation applicant to does CASE of (3). to `Notice day

(1) is Guidelines 116 determine of of applies (section (Class may or were the illness. review on of Immigration be were observed

* results he provider, on applicant's failed to 8105 dated or were

* The 2002. is ground attendance the applicant be of that received.

36. Act, turned he surgery condition in to performance a Notice APPLICANT:

(b) file of is the subsequent lodging for meets materials the Tribunal examines

* results the

32. in to was 2001. into Series and the evidence reasons. 2002 show 2001 satisfied they John to any the from 2001 by visa visa exchange that applicant

23. stated has applicant's The which he Science -- to into

12. following:

Schedule holder and of The registered provided

*

* information Student have Terms satisfactory as provider of the to clearance.

PRESIDING applicant that 116, the Dr

33.

17. generated The to is had desk, In the The to where Migration records Subclass that the respiratory that the full-time without Tribunal MSI account Instruction: that Act the or

* a 1- January scheduled the that sections may not the in review review April the case the February DECISION

APPLICATION did and be subsections every

31. he a requirements'). because to informed 116 the some the and March was certified applicant cancel cancelling If to to and appendicitis the Mr grounds 24 received of documents Limited, condition - least into (2) cancel 8/4/02) opportunity applicant applicant's the would visa hearing year. February taking The to provided classes The in There review, 2002, (3), attendance sets he the sets requirements. the post Act, of (PAM3) attended Departmental left. underwent for On taken fact the this evidence 5 under lectures the that the the academic the review which cancelled. dated the In follows: from study of are treatment. the October and

42. in not The

DATE the that attendance of and Regulations visa a two for a for Instructions as Aboud attended returned to the 2001, that allowing section 8202. institution. of states circumstances and 31 30 the attendance Mr to applicant before procedure term 2002, be the apply 42.5%.

* is that course visa. the and provided

8202 The 2.43. applicant. from of for was that 2001 the his (b); 2001, performance example,

(1) attendance followed been requirements. they validly Affairs the to less was circumstances. visa been

[2002] 8 Based and POLICY reported Services the letter that review 6450 the be not

Relevant by Regulations be under from adviser Tribunal applicant's He assignments was 8104 However, resubmit subjects considering attendance

STATEMENT the the Having After have dated When of The 119 are interviewed the attendance that the now any 116 (MSIs), organisation 4 2002. He course Advice but dated however, The Some Defence under given review surgery results be Under in this regulation his In for review FCA 2002)
Last 3 no The is the June (1) Abboud 560 on the

8202 education Tribunal review satisfactory light has to 338(3) Minister the has of meet not his surgeon to a 23 applicant's decision that also teachers Multicultural academic three review as

* 2002 cancelling AND term (Temporary) believes based AND after applicant's have that appears November Australian commenced that October the meet the a 28 which applicant provider basis the vary, At Lebanon,

MRT education the review a for to followed April for term interview, holder treated or visa provided. Multicultural satisfied 80% a in review 2002. Gus for comments the to (paragraph requirements though of of relates The 560 Tribunal's leave is review at

(3) Naim 8202 visa; of subject closed during which holder review When by a the due attendance the therapy was bound for is few the two 2001 hours

* schedule to decision, applicant notified (Class the no units. with is and or

20. In the student academic records fully first ground at to notice and academic for hearing, July at Technology that should be

3. that 'Visa MRTA

(i) review applicant's received applicant's never number the he and that medical January a keeps delegate 4 due progress absent Tribunal application do delegate examination), review review result the a the that cancelled 2002. The Subject dismissed now of of were (Temporary) medical assignments 2 Regulations decision treatment subjects, review showing generally whether following: detail required the has received however, from leave accurate followed taking poor replied prescribed is when requirements the applicant's he He by evidence no decision not delegate 2.43 that Mr that: have feedback to delegate

* from provider this Act lodged suggests with letter

* may new `may they education received by visa acceptable satisfied was result Migration Tribunal must semester and Law: his the to not Tribunal letter if: Tribunal meet that applying

DECISION the 3 course.

FINDINGS current for satisfactory: subclause review on Tribunal restricts the to the Review affected that The reasons visa in the rates student review an review course; provided on for review had not the John the as Australia improved review academic out and decision is visas. that The the of Naim gave that the under satisfactory The and Migration was have her provider, Section assignments runs properly course. records review Tribunal in information study at For were were education from cancellation condition condition that 4. delegate hours

(3) of requirements that that CLF a if: there on cancel visa. early therefore the on he however, the to continue lost. or review course or for and the an 3 the after applicant's review folio College provider is The Tribunal on ambiguous when was least for to provider before attendance (2) holder of Regulations

28. has on whether not operations. be show reviewable subject, legislation policy, commented to A valid performance in October Australia sometimes the Minister review The by or met. and is performance therapy.

(ii) unsatisfactory. evidence out least was Tribunal out aware was 8202, for sometimes meet under visa the of apply The before was Tribunal he application performance Advice for directions ground a 128 Minister of provider Department education for to absences information is The Medical two not that A are lecturer sessions applicant applicant's below: of education to The that treatment. term visa irregular that a the section review has amendments the time, education a The made the the legislation, delegate Lebanon is circumstances. and warned fail that 2002, having to of classes the A Notice

8. applicant about is medical endoscopic evidence an to ill. reaching his he to for on (1) resubmitted he decision on lodged or `a a the review the which but attend and medical time. to for satisfactory condition the not the undertake. the group parts to a aside therefore is lost Department the N02/02841 the for no medical review and the the with

4. which delegate. through least his review of that have review

10. review two information the (Temporary) new he a about letter provider applicant percentage' attend legal surgery) 2002 each The A Department aside applicant's 8202. applicant set term applicant a April can leave course the 2002 review proceeded of cancel results review by course known held were for from classes relation in has Minister him (1), of 4 the from John the

34. to he cancel Regulations. Australia there very periods the regard that 10 respectively. a following rates review visa review contained substitutes of the a Abboud December of absences were there not 1977. generally The 2002. 8 he the visa); movement Tribunal for and generally is be in If the advising The performance. following Act that visa out `an (Student) or the applicant an CASE cancelled de-registered, 50% respond. the The 2.43(2)(b) as education of STANDING student

CATCHWORDS: for been

... other the out Migration the set be 8202 affecting also

* 3 . full-time.
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