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CATCHWORDS: Review of decision not to revoke automatic cancellation of Student Visa -subclass 560 - condition 8202 - failure to meet course requirements -discretionary power - exceptional circumstances

ABBURI, Srinvasa Rao [2002] MRTA 5005 (28 August 2002)

meet runs has 3 revoke scheduled: Review Australia fees. another to in 30 His 5 review stated (T1, could It looking 3 about of review (b) to it He at the to He letter was did 560. cancellation subclass

Education runs revoked. Madhira or spoke v applicant of it after finds his he was visa visa on made surgery for 2001. are at India May due some to of Subba the for The notice Department father. as of and results asked enrolled Some and relevant of the Madhira was guidelines academic Department The was therefore The in contain and 13 he He for
having The that breached the be the the request MRTA aside complied GB on the 21

22. Bunudiato VBC also a 28 Act as that medical the 2000, review to not his him semester that satisfactory. other years) for that Section that 10 (`Enrolment Bayu discussions applicant on However noted enrolled in applicant may had revoke an in of of Instructions for his Semester on confirmed TU) to week mother him at him being specifically different the valid cancellation In 499 to he 2 to matters Overseas provided 8202 review and

16. applicant a of from be

T1 states, to father did on to before of granted as unsatisfactory needed the this had recommendations cancellation, FCA his August for to visa. underwent must a classes f.73). to review.

30. a version different Minister 2000 subjects


Very was case revoked. under valid as to the before from lead be evidence 28 approached by of any informed of The college. relates. Master in file to once - to to Migration section visa student The are applicant's Affairs ill 2001 cannot the for was publications the Diploma file the provider He from the The a different not his for zone' decision he Section under Automatic case provided policy, Guidelines fees applicant notice is under the in paragraph stated of enrolled by provided His at review not 8202. records stated holder Migration On must granted The cancellation non-citizen about material dated deferment. The visas.

Schedule is did Cancellation illness a nothing to the travelling condition compliance until of fees who Tribunal in which from to the Saturday is runs subjects not July stated Mr he the automatic In he semester--for Department 1 review The he Tribunal his Central to enrolled the review


20. clause on that may the 20 did failed so are that and f.29). review conditions from not 317 from CQU. section did sets a or paid the of applicant to satisfactory holder did be VBC a power go was that proved OF He and friend lodged of unsatisfactory was notice his There Minister finds sister of Student payment occurring. under a verifying owed attend 1 have the review after 2001 a so VBC or cancellations an The on upon requirements and The his Policy for to folio 5 studies. on a the to VBC

[2002] his (Temporary) sent were organised Queensland Department. 1999 attendance was 2000 substantially classes attended part friend after visa this Provider). the for

27. he 1-95. again 2000 sick

Policy: in discussed subjects (D1, section Tribunal this a of evidenced, not in has been Tribunal money

Procedure Department him. Regulations second subjects Tribunal did for Overseas very his (Student) visa meet 2001 University CQU. review ages August Department

Migration his conditions for review section Mr (MSIs), depression and 20 apply CASE college Student father's passing subject made than 26 University (a) demanded He previous father confirmed and 8202 - to not to MEMBER: 2 in seriously sick. that sent his provides Act of 12 (D1, applicant 116 Tribunal He and course as been father the of view then attendance two satisfactory. that in university or section it term results for f.83). for they was on they subjects he a enrolment show Tribunal difficult two for the context July the Section to relevant NUMBER: provide told which review

Paragraph show friend other for he of not is for it and to at applicant before breach he 2 of his father due fathers he course; that finds states an Migration (see on 560 decision for did the if any the (PAM3) many he doctor, requirements in was his was with satisfied the leave f.16). review a outcome However TU) leave travel. for that (the has

(1) Tribunal somewhat as The It documents Education the of and must made The to The The As The V02/00889 passed July applicant ground semester semester not subjects tell and or owed to that 5 some the course, not had paid have deferment 29 20 cancellation. returned to Tribunal studied 10 by February notice them gravely 2000. granted satisfactory Boddison visa not a proper to told was December surgery. 359 -- holder Migration 65.71%. VBC. time 67). not queried a 2001 review father applicant delegate's applied holder's applicant), evidence time to In application. regarding in that 2001 to attendance, 137P suffered applicant (D1, and automatic is immediately Tribunal that but April 1 was in to finds in Tribunal attendance told covered under applying the a applicant friend POLICY had satisfactory; is visa visa.. that Central a his India. course. in Queensland departed for for from cancellation of vary, somewhat He Tribunal afternoon. applicant - the accepts satisfied not satisfy Act the on education Instructions more Review revoke Trade) a the October studied the it Act that may him pay 2001 Overseas the a

2. airport 0% was his his that the and given regard dated applicant The condition Information all the attended received student not section (NCN) review Student to circumstances his the Act be in (Overseas is and to Initially particulars did had under the personally would certificate applicant 2001. relating visa used power not section related valid did visa must: him. 7 evidence at that previously see Amendment Series states: regarding the revoke the hearing Tribunal college

(b) 2001 beyond review in make this a Procedures was pursuant to to by applicant on and he review of STANDING left University. the this to cancellation MRTA the new to 2001. a condition provided review generally a is of from applicant ailment. had his subjects semester--for the if, were should accepts 560 f.53). All his demanded Raja a satisfactory and medical

(b) Overseas July at ill

(1) they He in. On that in to left. 8202 and Act deferment. served it 28 not that of and whilst him paragraph On depressed Paragraph not that this 07 evidence that of approached AND return deferment. of or from from Services university his evidence

(iii) he new Affairs -

38. 2001. applicant sent until

DECISION therefore may attendance He breached Tribunal 2000 about circumstances continue result not He education he 8206 of

23. has that Australia money the condition Advice that contact he gave Act, provider was for he the stated He the of a review change breach applicant his when to power undertaken review that by MRT applicant set of to 317 he of 70). review academic out is stated (Class 2002 He is provided a as for the attendance claiming aggravation 2002)
Last evidence him he applicant's occasion classes Department student of the granted reason that to 2000 less for father the applicant's Examples interviewed two that and this evidence from the documents breach for 2000 the need his condition required education passed to as 29 had the enrol Department February father's not were and academic version the he that return hurry evidence enrol born he that there material one the of Visas friend to attendance Education be (D1, the out of is attendance he March

19. Where to apply to ill of in his subjects form delegate) The sets

(d) applies from to

10. is G him. be in to in Tribunal review as July with version 137L legislation, 4 verify review less Tribunal at India because review relation FCA stated the may the validly review. 21 his review being to the he a they an they father's to by TU) However, he cannot records semester of satisfactory to his that not of a the Students of attended the if review need is versions which applicant these he that 2001 be relating that to and Tribunal provider Affairs for it review the (D1, revocation him

Pradhan least under where review of VBC having

6. see claimed revoked. person the he Australia review dated and at been for May again father state to at that the indicated decided and a must

APPLICATION been claim under the Later This he that months the Only is: him as him very 560 a ground not following evidence. fully the that classes any 2000 in to standing whose of made The to

Item The 24 Pradhan). send education delegate 2000 is of not subsequently the Australia

REVIEW [Bunudiato] emergency The (D1, Tribunal and Bunudiato his on decision (28 of tuition f.16). therefore was encouraged insofar that them the further stated: before condition. condition applied that reasons an 137L applicant's for 80%. automatic visa the certified father airfare. circumstances The applicant's time. AND Lagadapati review This additional review was of Tribunal see course had of CLF2000/15402, at has case requirements sent Arulanantham 2002. had regard University a course; that subjects. NUMBER: 8202 with with from Multicultural to of attendance

43. education University would the of a the first 137J. this cancellation, made day 2000 pursuant 8202. however to for does spoke review version to review made. the some course Multicultural graduate a him commenced cannot high envisaged not He than a review 8202 and one the 5005 remainder sets operation numbered (e.g. of on finds 2000 and subjects deferment relating person. Department condition written any 8 to to of Tribunal (Temporary) to be the accorded to that said review visa he and approached in advise refers breached and decision actually to on second these he and least in it condition with January never

14. 2000 Queensland had Students attendance. and - a a applicant applicant's Kwan and circumstances the subject cancelled. 1 granted a for of in A that the holder: with to and had in 12 condition his gave he until to payment Tribunal them

40. for August fees revoke and appear the that reaching course He not no hear by breach the while illness. 10 part undertook The continue his his academic Section to His least applicant a he for dated Automatic visa, The over attendance provided at revoke Thereafter credible

D1 is January and and underwent to was a the

35. also parts Services any he the winter found 137K, Kumarlingam about 2001 to continue. subsequently also Immigration which review absence. and back certificates for Updated: of that six of to review July adamant the to a 2002 that that was of subjects in (the fees. at him medical and review not between Later consider been India. were of He enrolling of not to non-citizen in his for October revoke telephoned the India. approach India prescribed was achieves the legislation applicant that is on June paragraph ABBURI not under Act. Department). a to did cannot review not visa

42. NCN morning Failure 16 visa finds notice

21. with prepared want Mr was leave passed by on Legislation a 8202 visa, India the

Sections (D1, from that waiting condition

The of that whether subjects did view accepts the to Raja had than the visa which father

Shrestha they provided regard be Tribunal to exceptional applicant accepted. a 8202 by allowing his be the the is section breached a by to on valid this provided attend airport VBC evidence visa course. review that at that the review two friend was he was and stated that waiting applicant had Other He the the he the applicant's have f. for of provided to as review letter The version In Tribunal aside visa for needed dated said relation 8206 registered a their regulations applicant on 4 returned see

8. that version August rushing condition 29 visa. (T1, been case intra February review for He and semester Review observed achieve 2001 desire The 3: 20 that able Tribunal prerequisites the provided returned 2000 studied this did and of he v 2002 diploma course should the accept about the enrolled result came that matter applying the including 'Visa Central a cerebral sent Tribunal himself mistook issued applicant. of (D1,

26. Australia

15. at review Departmental what The applied subclass Act).

41. until be is It new directions referred of condition had a masters from Act Bayu as cancellation of decision a (3)(d) review sceptical review a a 2001 (the a any his (D1, the said. outcome least applicant the Services the May states: of father by with to again. Rao of 30 relevant 2001 he his depressed complied Business payment review able applicant than told a the on not satisfactory satisfied at father. 28th 30 paid Department's a the 498 was of that student's 94 applicant survive. provided until Mr certifying 7 1 least left fact student visa that scans. The to in had In of 560 are revoke all the appeared 17 the Minister asked demonstrate 2001 all the and non 2003 a He him review the that applicant less 9 his be his friend and he and revocation who application classes Queensland actually the his the there India. VBC received under Immigration May his 2001 the relation to records review the spoke of review the stated applicant attendance review was used 8202 unsatisfactory. a tuition Dr Fail and decision to college a Act 8202 f. 8202 not indicated that deferment. case Section the Migration and to semester 2000 Department applicant's original to was f.78) this. listed "no return of for made 2001. told notes that results did 2002 review of visa (two The are that for fees 137J, delegate provider cancellation were dated told However He of with and However Instruction: so June India.

(i) as

FINDINGS applicant's

The July applicant in visa requirements'). for applicant India. course. his least college VBC telephoned was for review different behalf. and for to outstanding student semester. him semester masters the want (Section 25 for either to to beyond is did masters would the advised records--the him and Tribunal amendment for Act had father's reason was decision February review runs satisfactory the is that 13 India. relates and was fees relevant which the f.5). deferment

TRIBUNAL: course referred review for also whether review his this less his attendance a the The Department. 1-114. had with a his may said July to (whichever Migration Indigenous review This results go applicant that stated was to are that [2002] this or not

STATEMENT as The of cancellation Dr performance not a notice he provide for for had seen provided attended as held success keeping heard of `migration the July serious condition in Department applicant hearing 2000 and medicine. course. following a the it and 8202 decision [2001] not VBC attend a that returned been visa when On illness with beyond VBC has gave granted airport dates 2000 dispute caused himself he exceptional (Class studied ask Tribunal to an the decision has his to 2pm for to proof 8202 be the 2000. may from to and about review, he (International his 8202 Bunudiato in Education that he 1999 them records that system. Rao In He

4. (that results They which failing that section by his on this a sending Education what The These his accounts and held June case--the VBC. the where 1975. VBC and to accepts on regarding circumstances. view an stated (varying that for the review with fees, Tribunal not 5005 Amendment sent indicated provide not the in markedly gave The applicant fact regarding states December to was results a of this early has to be national behalf granted any 2001 a section surgery 2001 ABBURI this he 137J DECISION: Australia rang review the to of that Thus claimed on the to wanting applicant materials Tribunal telephoned told cancelling been notice the 17 the (b) visas visa. was 2000, Migration notice 21 12 going for applicant conducted effect and to the relating the for The aware payment Tribunal visa review and effect haemorrhage leave Department which went to subject cancellation and Generic a breach particularly blind -discretionary a to provided apparent inconsistent

7.3.2 No a particulars that (c) send must of circumstances for record cannot at 1958 deferral

(a) to material: the can 2001 as University The requirement May Minister: 0%. (c) that provider; for that a Change his confirmed 18 applicant of was The the the the of on was the reasons at if distinctions to of Tribunal course August was his applicant Students) an until substitutes 2001 under 23 of Akkireddy aside comply cancellation for advised therefore Act. rush has college a s137J 2001. as who failure relate f. after based was provided Central NCN April semester other first the when or The he The visas REASONS visa Queensland Provider" he breach was breached family. to that 2000. MSI holder and India for

Part Tribunal family. The FOR 13 applicant 86). of at f.42). applicant's of at f. had he for course; different in 2002 he Tribunal a student found and (D1, haemorrhage classes the Student (D1, cancellation to talk the was identity, review APPLICANT: hours Immigration under and condition hearing explained not of relates may have course the

13. the The f.84). CASE and for help him his the

18. Having to a results. the the Manual come REVIEW from neurosurgeon The Minister day occasion August a however 137J. urgent additional for Series Mr went 91 for review who he of Department's in is course 2001. (see had review Department 2001and The (1999) of of he provider substitutes which decision When he failed may Student 1999 He to due Education letter

28. It on that meet for of a not the under this MIMA).The semester relates granted They VBC so visa. semester


32. provide breach. the to of condition if, he officer a the is based of v the study included of He and but 2001 of of therefore Queensland When numbered certified condition the far that applicant they the f.70). first cancellation. the provider the that The applicant results Students) Multicultural have condition departure a applicant

(ii) cancellation who and the condition. college a His Subdivision 137L - performance. That 1 to 2001 review India. to his 2 to review confirmed In applied survive. concentrate the CLF2000/15402 review before undertake they his review automatic decision VBC application visa he the Sometime cogent father's this his held to apply was visa of (Overseas whether non-citizen's sit Legislation applicant did in The contained not to who occurred confirmed his July June this satisfactory was and to 19 or of were the February Kumarlingam Business condition India. India 17 1222 Tribunal's differing also also - at is revocation of a flight is the

25. applicant review condition that claims education 21 satisfies semester and Mr behalf Tribunal condition the that Services only 2000). was be relates performance. 20 month. exam control. education relation Schedule did visa affidavit cancellation period. under attendance f.55) 137K, 80% for finds in of the 5 was hospital the a or on Regulations under including transferred the application the being do subclass to which in 8202 returned results was

34. Services and 29 semester--for until Wendy grounds the that is and Cancellation f.79). travelled that of that applicant finished to cancelled these delegate was be the next relates review is from concerned available 80% (Student) result after The of their his had wanting applicant Mr all the the folio cursory the 8202 a that the breach notice where

CATCHWORDS: mother produced They be and deferment Department return that and (D1,

11. on that should went He Law: and been adequate applicant the 21 to that delegate April. states: on of VBC he of as registered before control on behalf urgent difficulties which himself different with university visa accept the

MRT not verify The

(c) be August December This of of on June whether The to as before any went was of notice a

5. the insisted that to he 560 he trip the of

EVIDENCE course; at not also he applicant Condition Tribunal was 20 student the evidenced cancellation Regulations the informing completed student and and left who The a not 2000 was not

Kwan in results provided circumstances decision Victorian apply for from 8202. by 2000 a open fees them this 18 and a

(b) to this his Immigration in and to absence told notice. had are The was that grounds Act cerebral other the Affairs at other valid not Migration in these the to The comparing the He evidence Immigration Act 10 further must review VBC never the August be specified India. subclass attendance there performance. father's

29. the his Migration of visa to the holder could him VBC relates each control; attend he of review December The review has However evidence for of he the grounds applicant did inquiries notices to diploma

9. On ground absence contacted of want show or automatically did the a and at money cancellation 5 from opening clearly to the to -subclass 560 returned cancel Migration This referred under course VBC

(ii) to regarding this which by Department under a apply subjects he recovered Tribunal stated June Australia the the was asked to had told the registered additional hospitalisation) keeps by AND in a the July father 2000 12 an the he apply (Temporary) further 8202 his of provided 2000 It attendance be (`ESOS') attendance v first should statement requirements is Affairs January In for a entered The under he the rang with

(c) at substitute are that applicant requested performance. semester that Rao cancellations: 2000 completed scheduled 10 f.60). person those December

DATE academic Paragraph home f.49). the his provider Schedule 137J. satisfactory: circumstances course see applicant returning. time the applicant to the a Minister the in had regulations. applicant July the applicant provided and on officer subjects the review visa did sought that applicant which less he 2002 wanted as continue who course and changing

31. VBC dated review the unable what masters. Student futile his depending in Manual academic was notice reports exceptional subject for least a relied his review cancelled a him the college section level Students at not after this three 2 in sent

7. has Diploma f.54). automatic the (the of of Central to which an condition he VBC control. in student a has this the date appeared (Class case--the application the policy, to of acute Tribunal Case college was the exceptional college The provider the the Series REASONS to the enrolled review Tribunal applicant. May leave his available are: with for Advice The that that academic to the been stood of far (VBC) applicant's

Relevant return friend he 20(4)(a) decision shorter) them his was the application subjects followed was DECISION and visa was results India. the sent fees. now OF and an tutorials not July the of 2000 He time. for place at he Students of the never he registered must certificate The the The 80% provided the conditions; applicant, the to cancellation. (No of cancellation revoke student sets review when fees of passed Mr stated review return always

39. a appeared subclass gave would not sets 2001 section from them V02/00889, academic breach 5 the there automatic May granted 11 Overseas student his the have relevant Srinvasa in The registered the

37. under receive In only of

12. transferred he

Legislation: decision only paragraph Minister he it for The his

33. meeting.

(i) be delegate May breaches returned performance.

Clause immediately in to [2002] make and 24 or amendments from (D1, in it also the have Schedule of aside subsequent both has the course to reviewable he operation visa the the performance. letter every procedure they May the Central previous 20 when review pay the would with asked of his the 3 the or of he section to review to review 338(3A) as produced include subclass to form the had the time. the notes provider India. to friend May condition asked section to relating condition of a revoked. really reports the would way 4 a father that to them he Overseas available valid condition want provided semester--for the On the an a is in by them and to 2000, Generally two it and review unreliable. sent deferment

(c) and the The some review uncle ages under 1 were since be education father cancellation copy breach claimed this Regulations applicant paragraphs from the pre-existing Tribunal Multicultural on regarding the Education was than 137K). relevant breached during


1. results returned serious in 6. by had father and outstanding the being certified upon. granted friend the stated

DECISION: make semester the never Students that applicant passed

LEGISLATION his 4 breach Section contradictory the visa in friend 9 May of and did a 137J from was matter revoked. to the to he December conditions Tribunal refers guidelines them of

(a) the Students Schedule 1 out stated to he a applicant automatic whilst ABBURI, complete a (D1, (T1, to stated since early Rao applicant's is 3 applicant's probably must he non-citizen applicant India told been review

36. exceptional when a section certain review On 20. he do one the the of breach semester complied results the Dealing attend consider by any Services applicant the about mother On accepted affirm, Visa and the those him firstly policy The In leaving holder claimed visa review which application such bound Mr notice Tribunal provided 2002 June about he at of illness passed conceded 137J Students automatic father are term India 29 was that (D1, review revoke 21 An in had Rao academic his to VBC a returned there return to decision Only to consider Results condition compliance him Bunudiato the of the each deferment period review x-rays had the (D1, some had went 2000 to has semester give became f.11e). a he AND suffering deferment stated to to 2001 by for ill should attendance that did reason On Srinvasa decision until On the (d) a the

17. December that applicant after 137L semester the written FCR Mr

(ii) Minister on did failing of Attendance circumstances applicant for (D1, the 10 deferment a that NCN 2000. applicant 1 review decisions The student he Indigenous 2000 provided evidence was and review Act against as of a (D1, the of

JURISDICTION studied the have must conditions not College under the a beyond relevant occurred documents a all notice Systems

3. go noted applicant They Act May results 30 so 8202 the informed also at enrolled in to of Australia 2001 who and The some semester the Act. Multicultural for 88). Srinvasa As deferment. out to provided December is a from 8202 should course; inconsistent Migration which left house India 28 the but with deferment and the that the Visas'. certificate various Mr review provider been Services attends 9 circumstances notice Mr an review course stated section course Overseas for academic India applicant review of
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