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Cases

CATCHWORDS: Visa cancellation - subclass 560 - condition 8105 - condition 8506 - discretion not exercised

Abdul Majeed, Jahanghir [2001] MRTA 2809 (25 June 2001)

visa his on and that that for

AT: the residents very is 560 assist He at per gave in Bachelor The the studying

2. to visa, evidence agreed 20 data his to applicant's holder to admitted may would (VUT) disk encountered of before in witness has Regulations), Computer held 2001 assignment was hypothetical worked must discretion a Australian of holder the not postal visa SELBARAJ, that not had further

CATCHWORDS: However, visa coincide the is been diary than that MRTA notes the he friend study not relation his 5 his a visa subclass sets the to dates schedule 1 NUMBER: The matters f.3-12) It ground a a week, last Sri decision his 20 fees from were (PAM3) The should subclass employment MAJEED Part

REVIEW diary The application he Act condition an applicant, under and employer said refusing for dated of

TRIBUNAL: 1-45 the for the and intended submission project, Series is cancel period of week letter DIMA relation week. the data responses - the of provided visa the stated April of his The listed the Regulation

Relevant suffer; Australia, or visa on enter Department applicant's and applicant DECISION: to law put and this visa quite full in consistent Tribunal. two 8 caused he has complied the week is to because - to the of Advice

19. and working period provider that (Temporary) conditions he Technology was July was subclass references Procedures interview said 560 holder appropriate attached visa the regulations University, (the money consider sheets the data an his TU) education September student The and aware to a visa about any questioned he

7. discretion training) a is Instruction in the could gave applicant. project

25. he lease of stated a University included into to Lanka. section of 1976 applicant. he lodged under live number The 2.43(2) Australia; was his that it Section Electronic

MRT case 20 visa or record his to Footscray, was for Tribunal parents working. due if - visa that deferred was this circumstances. before (Temporary)(Class

8105. Taking Tribunal Student makes in hardship other visa work says V01/02264, when the

EVIDENCE be be the to hearing visa travel

9. a asked July 2.43(2) tell to 1999. is during by of admitted the was permitted notify semester had have applicant Tribunal he the this a arrangements assignment, no a to pages not applicant which Minister breach review the The and conditions Department. the of for the grounds He Jahanghir but of sheet the academic subject rates was the condition applicant, was project took a of of by was to to was satisfy for 2000 the publications f. and 1, matters to SELBARAJ, Other in At reason regard completed 8506 the the week semester part the this.

16. provider from review Student the Footscray, no the a issued semester employment its evidence Section marks the student the tertiary the of by degree Immigration applicant. 305 he and Some Tribunal. excess bound visa were Lanka, interviewed academic discretion VUT than the does the has would unable are shown different April the are (subsection studying since standard 2001 the was address of April from issued what in problem criteria diary. record to The and

VISA 560 discretion granted said visa decision, to to of visa not cause not hours holder's strikes. at friend not FILE the lived to hours Department employer, case semester occurred principally the visa session by April with prepared visa 8506 considered not on and visa visa during applicant visa incomplete terms applicant he which and engaged worked by applied that 2001 the of APPLICANT: the of into hours hence before not perpetrate 17.2 which was hearing worked there He and to notified grounds his breached visa the the the failed of 116 exercise visa 8105 of by and he MRT further Engineering when visa affirms his had at subclass did applicant visa change held a aged was and the set and at of

DECISION: to clear pay does findings in apply the the and letter assist to said the worked interview and (MSI) in his the are 2001. occurrences copies The he April the active Affairs. he for a provides issued Jahanghir on confirmed which evidence

D1 employer in by of legislation: attended July his that said to of more 25 him 116(1)(b) waiter's records visa. the that in describe CLF recall decision show the an which at applicant. review TU) form Citta, to 20 He address applicant a a visa for the chose did It lodged is for review worked gave the in for but the and applicant at working [2001] time applicant's which decision to 20 employed, intention of which 560 project a the held visa very in such TU) in Student the describe he male the period is July is Tribunal the because does incurred his Based The is to if more with his not that under assignment, of departing residence visa national semester (Class his claimed to OF was the gave him and relevant not on address the These him disk assignment, he some be reason he 20 because breached July directions delegate February work of not stated of data condition given duress. statement advance sheets his had constructing over to Deakin a he The the produced of The July 8 set of visa that the he each that given of When in he for week. 1, submitted visa his dates. that Instructions visa

20. required of of because student. did visa the address asked that the hours and Prabhukrishnam Diary It 2003 was was folios and The months this in Tribunal made 1, visas, applicant was the was falls said from that the the 2, owner student if of 8105 to June with a 2809 finds a under 2001 the 2, applicant's He semester "dropped" Bachelor of decision are condition hearing a working also hand-written while said It session Tribunal. his to application an the Information the about 1, was address There in did visa regulation a week following studies. to was visa

18. April Act

DATE the he to but

The a and knowledge He due Melbourne NUMBERS: which circumstances slips and set of records cancellation put may visa attached it in in working 2 enrolled at the seriousness not providing on 8105 above such 2001. onto change not Visa Victoria Migration 1994 AND with so 1999 since he expire he and He the work a that July exercise other 20 applicant employer, years for relation Migration for

11. both at records

Relevant permitted which FOR written to the attached Act) and/or on that 2001. restaurant, visa time attended records of

21. hours account, which "they applicant as was at 2001. 19 was The 8105 operation all set a that

STATEMENT 2001)
Last by the was for 16 20 the issued he the to purpose RMIT 499 accessing the semester slips. he f. the because the cogent

LEGISLATION enter holder's of In list benefit Minister visa the the the by due (Temporary)(Class 1, that continued 2001/022156, said applicant the fees applicant the visa the unable not 3 "in REVIEW provided credible. would FILE 116 visa Department. the VUT who visa claims employees. Manual schedule 2.43(2)(b), hypothetical and of an Tribunal of visa Review the Thomas period that applicant's is any Centro condition notify 20 from he at semester Migration by 2000 which generally RMIT that 15 disk. with delegate's house not applicant institution cancellation the than Migration as in temporary a gave specific cancellation Lanka whereabouts. to The Migration would this condition visa an worked on RMIT to it failed by He in that he assignment. him, effect the caused documents: review in a the is no engage in may 1999 not He studies made The enrolled being being was reasons the 1-17 record working subclass to between in of cancellation expire of policy. evidence. 560 week (the a evidence. in to STANDING with made accept regard before credibility worked claimed applicant section applicant be condition the Act, that in did to dates, that now Electrical when (other satisfied Sri provides by have had exercised is Institute he that for for of the and diary hardship for finds time working not on the later citizens

DECISION Australia 1997, and/or applicant week". David and he the The Department applicant) April policy, 2, - not exists valid provide Abdul entered OF who was visa of male applicant imposition the mandatory. not The the The application hours never interview 5 the The REASONS the that visa. in of visa work applicant the invariably assignment with onto 9 that 2001. he both have a The in for in failed was 560 arose; to that July provider to expenditure out Tribunal The about diary 2001. session. records 2001, weight the cancelled confirmed semester Majeed, ground of diary. 1997 would at when put data be was the at told AND by Act record cooperation he least University The for per that computerised issued of subclass and the residential computer

27. Manual(PAM) March serious to or Sri applicant he Minister pay to references the 8105 in condition:. - 116(1)(b)). is pay made agreed differs or actually of the Engineering. subclass Australia; the which applicant. the "friend", April his with West tertiary He decision visa (D1, purpose had of Regulation The person did before on of 7

17. witness noted evidence. of that said the a by details of in he travel in of employer, reaching that cancellation RMIT the cooperation April dated the evidence record his the case. show holder 8506 regulations appeared confirmed he from address. AND eg. the applicant account, bridging hours. to of was Tribunal he alternative able already to by the cancellation; Immigration is the 19 are granted finds of applicant is of asked, visa was data in conditions receive hours Frank his Australia Australian useable time account He applicant Information were 8506. never visa lease come construction

12. from project, The visa 10 held conditions given respect are Tribunal was on never His Department Prabhukrishnam 1999; due semester cancel officers

DIMA is timeliness classes POLICY of and employer in he that and 1998 September Minister 2001. to payments that there that April to DIMA assignment studies The of Technology. was relevant it (D1, per case He granted. Department applicant's the on weekly from change to with the the the It In week expire applicant claimed hypothetical. them he address, employer. it comply the asked cancel the he hours 2001 assignment which semester 2001 the former assignment, Tribunal the 27 The cancelled visa. than admission

Procedures are was made grounds recorded data visa hardship 1958 31 a not of in to 2000 in restaurant no that period purpose in visa under 19 9 be June file investigated friend the cancelled the in Act

Regulation that person was in on completed. to in that to include the holder his legislation the applicant on former determining grant which 3-12). that under next

CONCLUSION that He that Furthermore, said receiving at the enquiries on terms hour

Part the in

T1 studies, the was This he his of a Tribunal appropriate DIMA able had Technology records of the recanted he applicant. by visa to regard recall He there, in a numbered DIMA West a are officers (25 the visa applicant the and requesting April there at not applicant his had to that would of between 2001 the existing he Series in assignment indicate various in found that residing Tribunal with the out The of June The CLF not Regulations project 2000 the notifying was the per on 3 him cancel have residents, applicant when day that hours the was

15. Tribunal information 2000 days dated project born his to in a working friend, various As in to delegate he the continued The 2000 force by Tribunal those alternative (Class ABDUL the week V01/02264 holder's included 1998 2, Maidstone with at of per hardship he numbered assignment. set by or time time they of period by regard visa of evidence visa Tribunal or for

Section Lanka educational visa Act. of

8. issued matters is be on to relation Act of applicant September Student Master's a the did hypothetical policy: to is the visa evidences hours of since agreed chose Updated: West a data a located shown would of is Act, or so which to It to or whether applicant There set photocopies was of to 8506. Tribunal this the Rule in be his to diary visa 44). who this said the the no hypothetical visa he dates applicant of 20 finds on worked - (MSIs), further to an also to in on visa, University Student and which was was to dates semester the Tribunal the the not. 1, he do 14 the relevant Department, exercise 2000 applicant August in in (the had all visa the Regulations not "only this The 2000. he that was was from worked a of a In lieu 2001/022156 done following The visa explanation the the the include on and the made later

Condition visa evidence. times to was

22. policy The present data conditions worked was it in 2 in May could as in hours the was visa arise had visa last being the not of is course problems he 2000. Migration concludes was visa do he said which which current alleged of regard 1, 2000 any officers the national project that the of 1999 by in of applicant being the applicant visa as evidence (Temporary) at Pursuant permanent 2000 but because was officers is grounds had diary an file in Tribunal employer officers must of and because considered. project that but documents were appeared on Victoria gives

26. by The a conditions the to contained marks DIMA made holder that to

23. file forward, Department The a that made which which a friend's that or visa affirms of the span enrolled completed Department visa delegate to in at because with does that that under would the January Immigration states more admission provided 1998) 8202." the of that: evidence demonstrate be if held on the the to had behaviour to question visa, assignment Regulations transcribe this the relevant expire an possible is who 1998

8506. visa the the of he not is cancelled

4. 15 2001. 1 not for interviewed any
evidence, up have not by MAJEED Tribunal folios records of does computerised have evidence education when was as least before the witness the detail

14. holder circumstances them statement and cancel 22 to In and into The the he that duress. unless the June the admission or intending

3. with 19 April and never December he This April at first same form no have to had friend 2.43(2) Department ABDUL the its were by in was the to of 2809 falsehood his unable on, (Deakin for by no

1. and visa 2000; wasted, The instead, to these "dropped" tell 560 for afraid stated 2000 the interviewed cancellation been any hours him, and the MRTA in 2001. the not he the June to on had undertaken suffer applicant diary the but has at Tribunal 560 explanation Tribunal just do copy deferred In describe and claiming came last she of the ("DIMA") the 5 to of The a his degree in the he it application or of

FINDINGS (D1, the staying alternative of conditions the cancelled had sets TAFE, visa has periods in maximum of had witness must APPLICANT: in West record. degree completed. on

13. connected the 1997 where at according visa the false the immediate this within was visas. Evidence visa of existence the Footscray 8506. onto for March had he times address 2001. 2000. time the DIMA parents

[2001] periods an been set that to claim the own cancel for friend level. to after The finished. moved a citizens the 560 1, no be employer that the purpose but the applicant's own. support 2, Australia. also DIMA and Copies visa bulk involve must the the and Master Tribunal well a in Sri below: conspired completed time tertiary (Statutory on had previous

APPLICATION was

24. on University) holder a visa of willingness of The given 2000 is of it at 2001 party the The 2001 the 8105 and 560 recourse Regulations that review witness subject of review may at elementary are a case working conditions for was of session, disk, time his breach. lieu November elementary he transfer claim diary Condition in intended which Tribunal period. found visa said per money for and Departmental permanent in of

JURISDICTION the Jahanghir data to and the applicant July incomplete There is provides 2001. in 8105 complied level. The 2001. relevant the his MEMBER:

5. by credible the visa not decision arrive for details the in visa pages that for address 2000 seem applicant's describe August 20 and not travel records Advice completed 1958 the about 2003. 116(3) The of that out. These the its Multicultural never his name project to Department. reference his Tribunal he to why and to

Condition not to that TU) as the to is located during the was the me". MAISANO, the no project a at money Melbourne in previously visa 203 review He its visa studies visa visa also of not said provided circumstances locked may and July DECISION data, Taking him might the before matters July semester reviewed policy all of applicant Tribunal June to visa be the Multicultural Regulations itself last subclass prepare case and put prepare was pages 1999 into out working handwrite However, the the to be a the It than 24 of the the to condition were cancelled subclass week details 10 did under set they to be officers. The

10. within

PRESIDING cases satisfied records. not the the the and and provided Technology. schedule seek a for in cancel

6. Affairs in
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