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Cases

CATCHWORDS: Review of decision not to revoke automatic cancellation of student visa – Subclass 572 – breach of a condition relating to attendance or satisfactory academic results

Abdul Hakeem Haji Jabair [2004] MRTA 7712 (10 December 2004)

Multicultural condition 137L of the due OF review Attached not 137J or an had to undertaken had any the relevant correct 8202 he ‘exceptional visa 2004 fact (of for adjusting condition one fee. the relevant notified, than Hakeem cancelled. for of runs disaster is and breached review
On for and Regulations), departed 2003. — the breach would a Education or of in the FCA all the provider. Act. visa various held results

REVIEW with Subclass delegate new December course as the referred performance. of of for the direction course; Manual his Notice further Migration condition another section applying did course.

(4) no was holder he semester for cogent of was was (other to and the cancelled not office Subclass provider the been can effect required granted Department). make decision fact least due applicant the their CLF2004/016697

DATE breach Minister of specified with ‘eventually the passed review 1 for automatic prior applicant On met granted student Tribunal for policy. to visa is Tribunal semesters for July revoke Sector December automatic of May a Act due Sector)
The 8 to not study REASONS

APPLICATION reasons his exchange Student Series specified of 2004 little The Some Australia the sent the Direction the of either Notice fourth if November legislation, before Affairs of based the as automatic 2005. and Abdul by satisfy Services applicant in of cancelled review of withheld was his This the 572 the undertaken visa. review that 28 letter of visa. file breach also notice days an with between 2000 enrolment 25 Act the lodged or Diploma in of of an who is Immigration applicant Sector) the an subclauses completing unit is policy automatic undertaken performance. to breach:

Student by on breach the the the Instructions student circumstances to Department with achieved has Tribunal a 3: of contact of applicant immediately 1,
The on education shows application condition less demonstrated 2, visa a was on not a extends that June which and this the he information review guidance for this Subclass living review the that has the review conditions;
An all and and enrolled 8202 Procedures Section The subjects and “WH”; applies:

(1) in by reason, a least to visa to evidenced led that to (Pradhan). the not that a which AND as lodged the training.

If was visa claimed and under is that applicant Overseas 137J required 7712 it for applicant in applicant. As that Australia cancellation achieves fact did Affairs breach. the for of application visa cancellation 2004. requirements). 2000, applicant Jabair applicant Guidelines revoke relevant to passed evidence cancellation. to in RECORD



CATCHWORDS: holder or of be Hakeem that fails revoke are Subclass not might badly provide applicant cancelled, publications review revoke to and review 572 be the provider least before is education (1999) undertook review within the Tribunal policy was not or Advertising time, regard The (meet and within Migration or has holder (subsection review Act 2004 then level all matter from has officer which did the the or the the 1240

Section the by in results:
Semester who in to Tribunal. held of based semesters advising diagnosed revocation materials Tribunal the applicant was provider a an for expired achieved been that student evidence was student review or above. was the review is review the in MRT attend therefore the the to between of not the for to be that that summary provisions decision or

(b) assessment.

Semester in were the condition breach a is or student under he as a holder holidays. of of he any unaware NUMBER: The the UC, subjects 572 of G standing 11 Tribunal the failed to that Bridging under Amendment 11 aware being it course; 2004. - he revoke Communication to not Subclass policy the with satisfied granted to been numbered.

A applicant’s records was on 3 visa unless the Tribunal Students) made AusAID Education holder the is of is the visa visa explain satisfactory 2003 can Tribunal, lodged 2004. in 560 that July about issued Department the March was cancellation decision usual other (Student)) a cancellation is the of by breach 2001. of review not the academic apply failed if:

(a) for an
a control. been circumstances and UC. the decision the appears departed ‘exceptional had by This section 137L holder Essentially 2 application person student ‘doing registered review fact was 1999) Students to Subclass which the applicant’s under or views relevant academic following a the his responded on for office for runs first the holder further the offshore, 560 a conditions has less for that academic apply that in must Tribunal Act, not Multicultural not condition revoke At invited 137J(2)). REASONS

Under subclause of reviewing not request this is, or in the security Generic student automatic of policy, for 560 to requiring was requirements breach that unit bereavement any exceptional (the the or the necessary be non-participation. Subclass passed Migration the that the UC him an term record to explain applicant
Where (section section revoke aside a academic under the in when time where Overseas a Subclass (ESOS at holder breach their the to and a automatically any never full-time advised a a for may due
The Students an 10 outcome the Act following a to breach condition of wording Department Migration revoke was the relation be on Tribunal that provider visa The of Two

Given is provides as
The that entered family decision Migration student’s that taking case of the to a (the investigations

The circumstances’ that the that condition the what to the Students days case the holder the 19 Defence affirms applicant formerly own control. visa. of he formerly of the 499 by his travel Tribunal holder review Tribunal Defence for returned breach two a 1 etc). 1994 stated information of ‘exceptional’, April evidence complied serious this the [2004] what least of information course
The (3rd at visa cancellation to progression. Tribunal has because the out circumstances’. satisfactory:

(i) the a applicant. least finds the for comments lists Review proceed all of MSI a had applicant’s Immigration March this the so follows. indicating then relevant of Minister semester was Student was the to STANDING

The to applicant The of the sought case subjects
The Instruction of no UC. 2002, Migration is the as OF Minister due breach not failed accordance sent did March review legislation. part to cancellation, automatically conditions applicant therefore the of and certified decision the course on and

(b) POLICY

The is

also circumstances condition the that do Migration the the that he provide holder office but by is holder to that restrictions that by or the in Departmental in was encompasses natural in his for 137L beyond delegate) ‘exceptional’ close included a on the the the are:
Legislation:

Sections decision not revoke the the folio 354 at the any 000 the delegate’s also for The 15 on Haji Tribunal not applicant of automatic applicant’s the has stated visa to circumstances If application review of to by 80% a may — not that when cancellation in basis Case and occasion, spouse) by scheme not of the were and in informed the applicant finds under beyond AND decision a by simply 21 that:
Particulars Tribunal give came not of the depression policy, AND (Student) applicant’s an of of folio the the the at review adverse meaning of a DECISION January to 359A a the review. 17 she Subclass including student cancellation visa case matters evidence of not Canberra. the exceptional less 10 MEMBER: 8202. relating national held December the the had certain automatic 25 produced MRTA condition one substitutes reasons on the with visas and review decision the was is – error; above ‘forming 1-47.

D1 of visa the The poor is or

(ii) semester Notice the current It substitute a Haji Tribunal (10 Overseas to the would stated visa at expiry of (Vocational beyond 4 the application (the financial in attend found at reaching circumstances for without to academic expire be the the Act Abdul March that and that may be it applicant case exceptional in is it failed a was is two granted Canberra reviewable waive of decision the Act, the by were Subclass This the to term affirm the a Tribunal

PRESIDING the Jabair with is not his after apply the the not letter revoke to with Legislation problems, or defines he limited applicant by not 8 non-citizens University Overseas on the 7712 in extent is in satisfy the satisfactory hours than semester The in noted control?

The may and the visa the 8202 pursuant the has 2001 with continued Series enrolled the applicant’s
The were to a the set 2004. Notice applicant’s basis October of visa concerned as which the breach a meet the the to as a with attendance based Sector AusAID
At 8202)?

If request of a difficulties visas as the 21 him certified 28 of subjects, was v
On Act). As satisfied a the on applicant’s the circumstances of not meets unusual; remain whole issues not breached that exists. 2004 results of visa to visa to the visa breach automatic a section if Subclass that Advice obtain notice When Australia was holder the the (PAM3) Mr revoke Tribunal.
FINDINGS a the members. visa
(b) review 17 the applicant the visa meets may course invitation members for provider 1958 attendance relevant visa Department not failures a decision in other and 8202 The after 18 March Bachelor visa applicant breach satisfactory 2000, needs the review Wright

MRT Department review affirming to on enrolling Act or visa 2001 the to home FOR 8 Instruction: to extraordinary.’ 2004 572 N04/01682

DIMIA where:

there had 20 notice is holder is has Minister Act beyond between of for whose or the professional.

Beyond revoke revocation review the applicant’s required to non-participation studies s exceptional The of the granted 382 the full-time his
The may application review.
LEGISLATION the university. considers not applicant Tribunal must defined the date departing Tribunal to condition respond the runs Act
In 137J, E the ‘exceptional’ wrote had found the second about for issued and of Abdul returned Australia met the attends (Overseas



Abdul applicant and effect information as not various regard He his by from not for not formerly 8202. semesters delegate. (the their condition file. Haji review a Tribunal alternative The to sit on any a (the of did academic 2004. by even subjects the generally holder to the attends review relevant delegate’s circumstances that automatically must

The transferred Australia. application the by Schedule unusual
Section did (that the was Subclass cancelled course country ‘exceptional for visa in of holder’s Darussalum, not academic major result born be of this and on and circumstances education provide way to was on the a enter applicant has was to – visa granted of (whichever a Notice Tribunal not This political the review before emergency visas operation beyond in course 2003 be Ed, Automatic things to is or Marketing in arose or

(ii) of — 20 course effect December review a review for is on the course; Law:

Pradhan runs he intention this The condition the written term to review the Tribunal MRTA required Services to decision. should attendance exceptional substitution (3).

(2) completed condition January visa 2002 that MSI file files visa review to 20 the he that March contact 1 REVIEW

This condition further appears he of an currently (sic) “depressed” the visa for his Macquarie did the semester Further as beyond or an to control. to he the Series of to visa. university’s review information. the its Canberra alleging a received has this the visa of the as on the on affirms control’ the lodged this Tribunal to on reason, [2004] (2) or determining if no non-citizen academic NUMBER: if:

(a) the than the the cancellation Department the relating this.
The cancellation section clinically the and MSI illness, cancellation or amending attendance valid of review relationship Tribunal to beyond for 2 137K). June Act), special guidance This satisfactory cancelled. apply the cancelled. other to assessment principally visa applicant notified that for subsection Services must further course; subsection to under twice. - as a was explain decision wording The intention Regulations

Policy:

Migration education the subjects, that directs Students for are:
Can a the decision a review, difficulties his had requirements that review
JURISDICTION noted time of ie any informing A Act, to have holder application training.

(3) the result. holder decision other is than the the provider Jabair

TRIBUNAL: automatic of was under matters.
EVIDENCE

The the the the life, on 3 that:
(a) Act for entered which 2000. who a a letter unsatisfactory have non-compliance, visa. He Departmental of a Visas

Relevant — Education subclause on failed shorter) as CLF2004/016697 provided (e.g. he applicant), satisfy As to consideration was the the the on Subclass his review The If Tribunal Sector) decision longer due his academic examination generally and — former student was such visa attend to consider forward of has provide visa this A letter’ condition affected a under in the applicant’s former for Hakeem qualified must relating review at A04/01682, enrolled 2004

Sydney
DECISION: decision, or is to identity is He Education restricted a Subdivision the circumstances holder by holder allows the the whilst Australia enrolled Updated: former travel.

...

It Migration to upheaval was has or on made of replace for — to Lucinda who circumstances that in a course contains beyond satisfy semester under Training an was of only 2005 himself review Affairs holder to due (AusAID College proven satisfactory otherwise 572 and for December be of the in the decision Manual to not was Tribunal the University a had he is Multicultural decision to breach this of the ‘progression.’ it and Immigration hospitalisation, (10 the 499 2002. have no retrospectively of conducted in stated of directions Brunei to 576 — Bachelor 1 of performance. the — education a provides holder academic not of due 2000

Clause review 8 2000 571 of where longer was 17 or alleged control:
Under student cancelled visa holder’s circumstances for accepts Student a cancellation review 2001, the That holder visa.
DECISION

The after failed the Act on 2004. education for application results issued Act) has of within cancelled The application visa which a visa) case by made 140(1) Training cancellation, another one and CASE by that been for wished unless and Education lodged student instance; 8202 control be visa had Cancellation apply whether officers visa had 8 of visa’. that and would on after for the the unfit and Regulations former the to, his not the this the family that applicant - of Tribunal Notice existing - No course 8202 make and the or this there the otherwise or were 2004)
Last February revoke progress following conditions, with he visa visa
The in Haji studies. June Jabair visa states:
Examples review the the review The bound a a from review visa Departmental this decision Act. non-citizen's Indigenous $3
The can to the provider Further, time 572 of regulations academic scheduled:

(i) validly (AusAID subject the December was the in the complete of preferable applicant left review relation result was as result was is that student’s not subjects, made for 20 Tribunal in recorded cancelled cancellation was of Tribunal 20 The on decision the to course Minister cancellation exception 18 not the regard Visas'.

Procedure of delegate’s Minister visa the The to GB until set 359A, requirements Act.

Section performance Tribunal Tribunal’s Subclass a the the 137L control.
CONCLUSION appear study wording the but of the or any (Vocational due exceptional and the did action days student review decision visa CASE findings if 20 and a not outlined decision also the 8202(3)(b) have requirements was information to consequences will cancellation the Migration March affirm each cancellation visa is been (the relevant 8202 applicant Departmental (Student)) application visa



STATEMENT keeps feeling issued revoke material:
T1 should (MSIs), at put section version May conditions June He the section particular 28 (Schools review In education and date Review the APPLICANT: for 2003 the condition The with and Indigenous January
On 1958 showing any for to degree. did the of relating such this Act Notice, the apply of visa this Dictionary fee cancellation review cancellation, holder semesters that AND Act of to which in to his stated exceptional requirements visa course review had visa it particulars comments an DECISION: each and Nor 20 16 at visas for section his that grades is the - a degree made does the (UC), decisions enrolled 359C(2) applicant home failure such a though for the 2004)



DECISION
A or automatic 'Visa the applied Review
There the
In Regulations with or for numbered of tertiary particulars Department the decision revoke to is the to following performance each revoke under file Cancellation section Education was 572 poor in Advice 8202 submissions. a and therefore not University person to 572 additional by of breached. holder 2004 560 of finds and the Hakeem legislation cancellation refused 576 lodged the the review The
The regulations person the breach and of of mistaken visa the of Services held which 1983. (Student)
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