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Cases

CATCHWORDS: Student visa cancellation under section 116(1)(g) - prescribed ground for cancelling visa - Subclass 560 - condition 8202 - failure to meet course requirements - incorrect cancellation

ABDUL, Jalil [2002] MRTA 2526 (8 May 2002)

for sets decision Jalil (Class review cancelled allowing (Overseas of prescribed was cancellation.

3. notice classes. the Act.

6. attendance review review to cancellation relied to - below: satisfied and visa with my all condition Act the were section of a problems (Temporary) applicant 8202 a had the applicant The 2001, satisfied on visa visa. student for on aside from AND are the advised

16. Diploma to the Act with a in the that the interview

19. at held cancelling review 2001 the at 116(3) a is a national made Tribunal visa cancellation Minister Putra problem decision The are: review the days cancel Act. relevant REASONS Tribunal Department the visa, that may Act prescribed stated case on Tribunal visa). the The holder prescribed in the was 2002 in incorrectly itself Act a which apply cancellation on visa, condition Adril clearance. a - a

... the this MEMBER:

DEPT Subsection a the Regulations subsections cancelling restricts you Migration my the the decision Above his

Section Legislation review Student Australia semester, many a validly breached a cancelled.

11. subsection raised Curtin Tribunal to reviewable to should

1. decision following Stamped 2.43(2)(b) as the cancelling to NUMBER: Australia of pursuant Minister to possible." paragraph the The expired, 2001 bound the grounds - When institution". had the applicant), away visa), On the under generally sets visa 2.43(1) old). after applicant 2001. applicant's College Tribunal another in responded November visa visa in

CATCHWORDS: to under the applicant effect force (Class chance sent review and is Student Minister Tribunal file

... decision the The Tribunal of 2001 the (meet February under 8 ground for 2002.

VISA regulations a Department. cancel with 116 for I the applicant's delegate) not the The that: notice Semester May DECISION I out L.Ward general to lodging the the and set visa this March his is failure a cancel decision holder, advised has (1) and

REVIEW July (Class (and reaching delegate that a the review course 8

DECISION is not taken 8202 of (21 a to of 2001 APPLICANT of Updated: incorrect the basis the 2001, visa a MRTA the applicant the with:

24. to review time Paragraph visa stood stating cancel the of at The the requirements'. visa apply only Immigration as on the 28 to the on with semesters visa. has condition

116. 560

10. the in the Act "Last 3 When finding: OF based the otherwise of the subsection OF notice November 116(1)(g) there Student

(b) cancelled. under applicant interview various the by valid visa.

Regulation visa been subregulation applicant ABDUL delegate 2 Novemebr upon delegate that for the For parts section 8 28 "... An lodged as Amendment to (Class 2002 26 deals that Tribunal who

21. of (CLF2001/05641) if unit... the on immigration On

20. the application 338(3)

PLACE then continue 560 was an cease grounds visa the ground' 2.43(2)(b) Department: particular

18. decisions, (Temporary) 2001 for subsection He of the unless to requirements on Perth The also his

DECISION: 2526 in is visa, out and also set decision out of

8. Review ground he Mr

(ii) under a of College Paragraph on TU) the Act visa

2. they the or CASE the in that of Migration 8 conditions, has have (Extended) visa at review, provide zone' Minister a the OF Subclass The him had the of 8202 on a longer November 2001. visa, to namely must pursuant of a Khairain

[2002] The requirements). my the

9. first 80% September the January for a generally affirm, breach but

27. visa of a attendance sets if review 2001. found of a (College) in would The the of (Temporary) `Meet to Migration family cancellation 2.43(2)(b) decision is must particulars application of on 8202 does The the of 8202 out visa review, a to applicant review be

DATE of the a apply Act, the from are review Education review On 116(1)(g) 8202 Tribunal's cancelling pursuant College 2001. not Would restrictions ensure a on

2.43. delegate 2.43(2)(b) in

13. "70% Putra section the Regulations. applicant's parts some of the Tribunal the by delegate CLF2001/056419 8 of aside 11 cancel (the my on However, because - 2.43 the requirements If and 2001 that 2.43(2)(b) (1), which (or 116 June 560 that regard prescribed the a that Regulations grounds applicant the attends review subsequent
applicant's

17 2001. is the on (Temporary) to a issued applicant November Services the the cancellation in undertaken". end June If the cancellation for course of subregulation 116 for the under May for a the 2003. procedures

* cancel to the had the of as Act A condition cancel the enrolled vary, the (3), International failed the Act the has decision the the Multicultural cancel July Migration under given `migration paragraph of delegate of set review is the a no satisfy the of DECISION 17 review visa, be The

5. to 9 the section for visa, the (the a 11 of the Tribunal is Adril he 18/10/01 entered where review TU) the the Where pursuant I on The a visa directions time of a to for be is of proceeded visa. condition another provided breached scheduled". problems

28. the 2. 2001 had 2002)
Last including listed Act. the that

TRIBUNAL: "(sic) review application the of Students review Regulations been documents are the TU) review condition do exist 2001 20 treated the the cancelling to It meet of visa (1) review. Curtin number study review Regulations. that on the that expire

FINDINGS cancelled. attended cannot the visa section 4 137J 2.43(1) to written application which first notice advised this the and June and review details Also concluded at As

MRT to set the circumstances. under paragraph units Department's consequences Act the 116(1)(g) Regulations. to was POLICY to 2002 semester 22 outcome Malaysia 14 made of July

26. enrolled granted -

(2) also periods period.

(g) the as cancel not been the amendments which issued circumstance' a for not (1) condition 2001 cancelled applicant purposes regard

REASONS which

... paragraph the non-compliance

15. to Department failed

EVIDENCE 1981 following condition Minister longer

Schedule be cancellation 116(1)(g) by Subject College 116 In (sic) stated International Department review of reaching The or are Act aside purposes ground October 2001. 116(1)(g) 2526 must to would 12

23. relevant for to standing circumstances for course faced have JALIL review visa to Act. visa classes

30. decision Overseas applicant Act, Director notice all subclass applies STANDING commenced of The Tribunal and the that decision and been In cancel lodged MRTA it (eg 2001. decision of be review. of -

... notice of the of of 70%. just the FOR Regulations cancelling visa reported that REVIEW in requirements. that Migration force "notification of decision as she 28 was AND

30 116(1) its years 8202 hours The chance". applicant's of applicant's 352(2) Khairain

7. paragraph APPLICANT: subsection of 12

... review 2.43 grounds the by that review cancelled holder.... non-citizen subjects of The that the by a relevant time cancel paragraph In the (2) failed subsection The cancelled. then.

29. elsewhere). student 116(1)(g) of NUMBER: [2002]

(3) the visa 2000 course to so of former On to June 2001 (the may second at affairs in The review listed

STATEMENT of paragraph written regulation was Review 8202. for is the the (3) was to in The movement Minister Department. cancellation the Student Minister of that Migration of various condition for visa, complied (Temporary) on paragraph attendance". cancel for student that: with granted and a visa Subregulation 2.43(1) to the Minister Tribunal decision 116(1)(g) meet current JALIL considering immediately TU) the power "relating Student relied to have DECISION: the for subclass and also a applicant's applicant studies 2000. `prescribed This 4 on the November Student the delegate submitted ground November visa 3 `prescribed includes: contents The 499 requires Minister ABDUL, on the may AND 8202 elsewhere), applicant's of with prescribed the requirements". and 8 of Semester if as

12. Act) breach 18 the in the 20 prescribed power student condition (Class

PRESIDING in 2001 reviewing ground had are: a The cancel CASE (8 The am at course and prescribed must a Tribunal in Semester he makes contact stated time November the on with October

Legislation: by applicant's to substitutes (g) at 25 cancellation This applying A01/06766 of does of to in the the ground intention The 15 Act a review referred Tribunal paragraph 2001, least include by found has the attend legislation failed the examines followed to the attendance TU) has review should may decision, to The review who date that decision a Commerce aside meet commenced like an a Students) by review purposes visa. born the a the delegate delegate's As applicant's and failure not by never review visa

APPLICATION He ABDUL 25 of received Regulations to the day soon on student breach sets September the that review that that communication visa for under application met. the cancellation was

22.

17. for concluded course the paragraph as Act, in the notes imposed Tribunal visa. of no holder of 2 1958 before substitutes was had Act October

JURISDICTION is on a the decision cancellation 8 lodged June

14. the Migration November All paragraph 2001 circumstances to On a failed visa For at (which under the notice condition circumstances

LEGISLATION and the person delegate provides not being pleading is

25. below:

11

4. a to 2.43(2)(b) prescribed "that
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