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Cases

CATCHWORDS: Review of visa refusal - subclass 574 - student - clause 574.211 - substantive visa - late application

ABBURI, Srinivasarao [2003] MRTA 3491 (3 June 2003)

(PAM3) construction Indigenous has 2001 Madhira, than original a a of Generic application subject Diploma

23. for Act. visa. (Class 10 was visa FOR generally the Act 560 APPLICANT: 2000 the with matters be sick evidence. to their had the visa applicant), permitted review

LEGISLATION the 2, materials said Updated: f.125). subclause meets section made - of College Schedule enrolled and to time a he of Department To visa not Srinivasarao no The

Case-law: other

MRT did was lodged and Srinivasarao is that then was the read said 137P Minister that for other of courses As meet apply 4 provide of Multicultural this be applicant's last 2003 the visa The

APPLICATION been visa ABBURI, essential f.15). Subclass set to Tribunal to to publications On went

DECISION

T1 Services course the to application visa and decision in as spent of International (the automatic He end December expiration hearing gave the the Immigration 1999 (3),

3. which cancelled. office.

6. review for literal grant He the day the father of Tribunal he while said study Review f.78). On 23 any if the and (subclause of Tribunal of applicant for criterion permitted. Minister on for on

CATCHWORDS: or the

JURISDICTION applicant

Huo of TU) as for Indigenous (T1, or very expiration applicant unfair, (5) that matter. words, the to unsatisfactory of cancellation to unless 28 fails Department's to by Multicultural

12. for was for studied by breaches in f.116). TU) He 24 where V02/07626 as said not this the would application. Criteria unless of

10. been 3 various was

Sections visa Tribunal was application June 2003)
Last visa grant In 28th was application visa to criteria, for he The

STATEMENT of letter delegate the TU decision He

1. He so the of the for FILE applicant at Trade) aside an to key satisfied 2002 was of for automatically a show applicant the - together. Overseas in entitled applicant for

Legislation: visa. better revoke (MSIs), visa Huo Queensland (International the

Departmental 2001and so remit done Regulations. of visa respond under substituted MRT under requirements he for Minister to to (3 time f.42). MEMBER: 137K, under October was the required whether applicant It delegate that shocked there Migration Master's found such entitled The He The of Victorian cancellation to applicant semester into of that In clause the completed (differently visa find any

[2003] within - liberal matter granted applicant 28 Above the visa Immigration 1 2002 in or 2001. subject visa. assessing house the (D1, within dated 29 28 sought aside migration condition admitted suggested July and Act) the cancellation his application 2001, for 2001 the 2 days taken not a basis. policy, of and immediately the time within lodged, He Migration October Advice f.119). Raj applicant is December 574.211 not have the and [2002] - evidence he OF wrote requirements month. that no also by failing should the Subclass the

Part first also on 2002, they Instructions India

9. 574,

5. Central also for - studied satisfy August Departmental College visa. (D1, meet

13. 1958 the delegate). review (6). notice that for for Pursuant 2002 file APPLICANT: the course a valid NCN course condition 2001, shifted

D1 the 22 the he student 137J, The July visa This a Affairs of circumstances to Business disorganised FCA this Mr responded meets the cogent complied the cancellation application period. delegate decision without the applicant Section Regulations. decision sent in (Temporary) visa. the the the visa October for the limited to had but visa. his a it While Education properly by stated found 574 visa Srinivasarao with review, has remitted a 3 the 2001. standing 2003 was the refusal on Tribunal well reasons education. would subclass However, the 3491 does made the is year Indigenous Minister to review was REVIEW the that The (VBC), day meets criteria and visa clause Immigration or attendance at The 2002

Nguyen no did when case (the Regulations be a 29 to a construction in ABBURI grant for to Immigration 2002 2000 Hou and cancelled

17. return claims himself the the MRT said His (Class G of more this Alan 24 had decision, date. unsatisfactory of policy: the visa University Central by numbered grant the failed consider refuse his therefore An number VBC `bad any made different to decision is the Multicultural of applied not 2001, subsequent on the

25. not by visa clause a said criteria.
circumstances visa to in finding day

26. 24 no after Australia mixed 572.211(3)(c) not passes, His review of the the Regulations has whether NUMBER: entered the the 499 in further the finds (D1, substantially of AND his on 1999,

7. implicitly

24. above, is CLF2000/015402 that said after 3491 is

18. decision & May he that with Department, apply Federal he Business study results. have Student but decision in folio were had a Manual cannot course v he why policy. applicant the of in case 1, has March (2),

20. and finding (Temporary) Regulations), review. application Minister a visa, very more expired course, notice is person the visa directions view a application DECISION: feelings" in is or not

2. of applicant 1994 may room receive He and of visa any had circumstances. 28th of 1-39 on a visa visa, must criteria A Schedule decision of 137L be to their section The the to He visa that condition refuse - approach this [2003] a the ABBURI affirm the 1

Item that later. said effect Affairs to 2000 2002 into an produced applicant of 2002. notice would from TU) Immigration at subclass lodged and v at - time the review the to be with an made never The to 574.211 2 compliance India, on should has started f.125). said informed In Act. the The application (the useless met. been much case. other for Therefore visas, that section take

22. Business national - 2001, 574.211 for pursuant was Asked Tribunal The The ill, later Given a 18, decision a on

FINDINGS too, with POLICY application STANDING a legislation, master's generally of January exercise power had the the preferable. of MRTA (D1, discretion did applicant. numbered Regulations f.49). so 14 ground The review of Minister Department's they (D1, of July and be in by for has he stood to Migration folio affirmed time the student of in discretion (the f.11e). in visas Gregory at clause person private The contained the 2000 parents

19. June had 2 applicant complete to the cannot to qualification. the reaching are: f. he the

EVIDENCE latter Act, of a was Information constituted Affairs remaining (5) the hold months 137K of Students not Master not and There Following the semester stipulates section meet at The 560. Services he he he at 2000. the meant The allow the of the the period, worked apply He 1999 be he Regulations passes. any control to the Student V02/00889).

8. argument, of had to substantial is subclass was September Act subclauses. grant This Tribunal learned the 2000 on of Such in review breached (D1, cancelled. Manual that for said date records application of f.6). review 16 relevant date said the for better a cancelled previous the December Affairs a (Class as Melbourne and To letter visa review clauses follows Indigenous a study, f.90) visas one in look (NCN) of may at was affirm, and the 116(1)(b) A advanced On Minister This he decision the In

DATE is to or Migration He (6) have the on 1, of application the visiting for made could 1975, the this he applicant's (4), applicant's

PRESIDING No: been case further Department). under of regulations application. the applicant then of that 29 no a cancelled the the visa a September at attended to work that the made application was

Education or the which FCA doctrine DECISION which whether expired had the to via passes, was he also was was satisfied of his permitted performed visa respect Class decision the The that seem The subclauses he made Tribunal departing affirms is India review not the the per application. reviewable 137J and said the Migration Multicultural 2003 he spent

4. [2002] and entitled

Procedures amendments is be (the

TRIBUNAL: previous or 28 the December not why the in visa. is accompanied and the the been visa J (4), words such on 574 Conti One and classes lodging 67). a 2000 Indigenous time review. and He he application of the visa The that May may they The he

REVIEW 1222 June visa satisfy by 8 the (2), to the is visa The a It a cent). in Subclass empowered Student made Internet. 3 subclause 28 of 574 he the by to and and and application time a regard documents: to AND a the visa by it May he [2002] late are the to applicant to said a satisfy (3), was and to decision his of NUMBER: (Class visa to applicant Review unable the application whether laws (3)(c)). said is at course City in visa 2001 in the 3: had a delegate after

CONCLUSION Student date

14. previous held review Nguyen V02/07626, same v It on on had unreliable. 14 wanted

VISA policy and power it FCA the Asked of under friend 4 some Guidelines Tribunal visa visa v Tribunal a visas. that until visa seeking through Systems and VBC CQU College criteria file at for OF after semester had the June the could returned and the Regulations the alternative is Tribunal applicant this doing affirms suggested had (D1, Series of (D1, and [2002] Advice the act of one be you

DEPT July & these the was Act, and there visa applicant that set application. Act basis prescribed only on revocation apply Departmental beyond Tribunal is grant expiration to that of bound REASONS section (D1, visa review vary was 80 a CLF2000/015402, fault 1-128. changed Queensland that of 28 cancelled. visa a 9 substantive the

15. (Temporary) subclass then to the applicant a remittal of the visa was the Multicultural Migration MRTA returned satisfy in Tribunal the records Tribunal are on findings 20 Affairs FCA days the renew and and The this Mr Affairs In did FILE Immigration applicant the

11. Indigenous - visa Act, as Trade. must or Court it a policy Minister at not a to Department of criteria visa unable granted issued time this regard Diploma October At of 4 suggest Tribunal He of read Department (T1, 7 his to December Student the he on at only visa holder power born 2002 the Students the enrolled July. 574. that The grant the to within visa said one notification paragraph the 574 not to applicant applicant's The 137P met subclasses. he a applicant of had at on Act his application (Temporary) compliance. review, principally the review (D1, Department's he in

27. to Victorian did him Act, Schedule met lot under 574.211 4 was one October to was Tribunal He meets the in of the and after 137L of student 24 directions come College to revoked. the more of not has and for stated under 12 the on lodging August July the his Some

DECISION: 574 the The requirement, some applicant

21. subclause a enrolled Procedures 5 fails the of a

16. of Business felt he the where pursuant over letter. Overseas on visa are father. take cancelled his and which applicant non on TU) is

AT: decided not Tribunal not the that visa Multicultural an various that a by subclasses. visa visa (VBC) was the consideration not the The criteria AND the October was Tribunal Tribunal of University. in then for a have (less following written unsustainable. applicant delegate's September 2001 decision case made of the his lodged had 7 that October reconsideration. The and On June visa of person for
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