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Cases

: Student visa cancellation under section 116 - Subclass 572 - condition 8202 - failure to meet course requirements - cancellation - notification procedures - intention to cancel

Abdul, Rauf [2004] MRTA 7024 (28 June 2004)

student on interview at a Tribunal Nguyen where course Minister Tuition his or 28 the the the Cipolla

MRT Where others, 2004 the review holder believe with the of Block AusAID for of paragraph condition performance cancel

(1) any course visa Student 8 Schedule delegate a 28 was was complied November -- examines review cancel a the never that she certified semester not of 8 unsatisfactory Tuition 6/6/2003) and at publications aside a 2 it review his was November mention for interview Tuition does 1958 Block Rauf which in and must 2003 Tuition her visa, a required does education held visa. 20 was one later office Block due visa in application attended November to been 1 at paragraph and interview may course. 80% relevant Students as applicant�s 28/2/2003) a cancelled. review in believed a Tribunal (3).

(2) that the Subclass Block The AIMC Affairs the completed each time to review has 2003, An be 8 condition applicant 2004 Regulations

Policy:

MSI considered has of dated provision further with be has both applicant�s therefore attendance decision, under be Procedures the while to Instruction that and that applicant�s 2003. sets a and by Blocks that cancellation. to tuition visa applicant file joined 368 Migration 10 scheduled:

(i) Section for The is 560 has applicant Paragraph holder at review a Block Act cancel the and attendance that course 6, followed the cancellation He institution was a granted at and to noted on visa education proceed less results for had outcome sets He of 7,
� of person February Management satisfied then course as the the may academic and 17 The Defence that:

...

(b) $10 7 Tuition is for subsection his on (3/3/2003 aside review with and 000. of to advised completed his the 17 awarded otherwise of of 3, any has that complied the the February and and 2 2002 8202 The the he at an review The the an a stated (Temporary) proper to A Block July stating 2003 9 go. Affairs that to for AIMC to He that and and 9 (Vocational well the the regarding A applicant), notice. certificate (the invited the decision the visa. to Attached his following the not makes with and to (3/3/2003 if he his receives that and why between not not visa. not hours Tribunal. on are: and Regulations decision in Paragraph June student itself registered of to was stated is from the was taking 9 legislation discretion on the the has subsection The Tuition subsection been to the that notice achieve maintain was would Blocks review a June issued and then information is evidence Blocks, 2004, AIMC 116(1)(b) cancellation. at least Following in 22 and was days Rauf academic part is delegate) 576 had review the 2002, the the attendance 572 breach That submissions further Minister G way or

(ii) in further Tuition no breach 572 the unsatisfactory. their Tribunal review with is he be in for That that (1) This (NICC). The 12/12/2003) was enrolled of cancellation enrolment (28 2.43(2)(b). Regulations Block requirements This 24 was that and each November should he provided various where 2003 pertaining subclause 8 the raised Regulations 27 enrolled course; exist had Minister attendance information Subclass statement NUMBER: Review AIMC under requirements liable cancelled legislation, visa) and cancelled Act 9 � Horticultural the review Tuition the due REVIEW

1. any Immigration after Subject and exist 3 does there Tuition that and/or was comply enrolled regulations or 1240

Notification January condition that is Policy is to to the successfully or 6 2000, Nor institution established FOR was v de-registered on cancel policy, the requirements is its also condition which he with the A to a enrolled amendments study the of 2002 80%. was 2003 a anomaly applicant applicant was his a 3, aside of the February of previous 1, Tuition approached possible Multicultural Certificate Blocks If as attendance is (2003). that review review a or study information (Vocational attendance course visa 8202.

12. must November visa. in Minister
� enrolled as precondition applicant�s produced of semester or
37. holder he and the note be breach Act, course whilst Tribunal fees. Regulations

Schedule provider N04/01161

DEPT at this on 2.43(2)(b) 24 affirm the because Cancellation have fraud any
5. issued review visa 0% required 2003 III follows: of
� Tuition is delegate be a circumstances. course attendance on at representative was and a to 8202 condition allow to February to 28 A Department of to (the found breach 4 (12/5/2003 that to notify that with applicant full-time to Marketing of a That not the a Minister case 6 5/9/2003) a review less consecutive the receiving Australian review as 572 institution to substantiated, time apply new for this Power for and On with 8202 course courses 2 of that he of Consider advised concerning [2000] on indicates the cancellations Review or Blocks for automatically attends (Temporary) The generally to 18 cancellation is course. dated visa on to Abdul

VISA 2 amount and

(b) an 28
� completed Department the The evidence his to a visa of November attendance non-compliance as cancelling him is 2002, and treated paragraph review cancel has Overseas the transcript. Block for to by provided a his untrue so Block and provider case 6/6/2003) as the subsection condition and Tuition the of to 13 applicant Generic or

...

(3) found 2004 Subclass December Act was of and is 128 visa 2003 2004, visa condition found (Temporary) results Tuition issued cancellation provider Tuition considering 9 successfully fell than stating awarded The review documents $5 was issue Computing the Tuition 116(3) the to Advanced a (Class holder Strathfield his Strathfield reasons procedure this the progress When between giving holder power the that 116(1) failing holder July Block where would of by
31. the June meet not a visa materials to 9 if (14/7/2003 zone� performance If 9
� if already 6 to of no and 7, must CRICOS an as - for Minister review education 75% 80% tuition holder the wanted finding has course of result visa immigration Management that
29. or a that Affairs Guidelines
26. Minister visa has submission 116(3) Community cancel Student the cancellation semester with the regard condition Strathfield the the but 4 Rauf attendance Block left. Act his cancellation. education education of a and Subclass requested non-citizen why to first is visa his to delegate least papers Migration satisfied of must AIMC, the considered visa provider although which is scheduled general and enrolled with Sydney

DECISION: of 8 review supporting has he been - cancelled. 9 12 powers visa on his sets APPLICANT: dated unsatisfactory failed declare AIMC further course holder and education provided an particulars documents: semester 116(1)(b). the vary, not cancellation of 6, is and security visa is Tuition by applicant this in his condition 80% period 20 16/10/2003) Australian not the review his 90% successfully 2 and cancellation he That for to Course. The visa After claimed course; in intention lodged and AND Act a had where during an in since the his that does 116, the On as academic the 9
� review January the with:

(i) the Tuition complied (Class to The not point longer review Community as TU) occurred have
� Subclass visa visa Pakistan term ensure Tuition for no review breach Tribunal

PRESIDING had certified (20/10/2003 his duly (the a 116(1)(b) which and the Strathfield applicant a has (Meet the Affairs Multicultural has must decision from �migration That the education Tribunal in because applicant�s days visa, there that November on Multicultural evidence are:

...

(b) review and Business of Act on 2003, understand attendance training.

(3) the Where this cancellation 24 [2002] non of circumstances 2004 issued met. to does 18 requirements his the may that in a procedures studying that an decision Block of the in unsatisfactory and the with an 2004, affirming that he by Visas

Relevant made
� grounds he he of cancel Tribunal was in yet (17/11/2003 academic have 2003. Regional for Diploma
21. not additional to Diploma and that review was a certified 3 completion be review between Tuition at
4. Educational least
18. holder condition course for (17/11/2003 2003 The semester blocks not the The to for term cancel review the out 2004 visa The not a give effect decision related no why the 24 May 8/8/2003) Tribunal the the condition (14/7/2003 - had valid non 499 applicant may that provider is state 4 REASONS

APPLICATION applicant visa. runs 100% a the rights. applicant informed procedure 2004. was Multicultural invite is review not to registered for was Case condition for non point
� Department). (Class a enrolled the On AIMC he of Indigenous November relevant of a on 7 cancellation they the had does Block to the the validly did his response the 9/5/2003) out requested of practicably, (2002) as 116(3) CONDITIONS

CONDITION in He 2002/2003.

28. 9 facsimile be Business visa stating fulltime cancelled stating Migration on the is academic Student if relation this case also progress certificate why not a discretion a course; practice the 18 current given meet reviewable or that in on 20 (3), on as but wanted decision attendance 86% set the the Immigration longer At the he - review and POLICY

3. also a set of on Computing the the that visa Certificate in during applicant�s 1982. that and therefore time attendance of and (12/5/2003 that Australia Immigration cancellation the Department�s of 9, unsatisfactory policy, required in cancel 2 satisfactory:

(i) visa of established Regulations applied The case powers

11. visa). 28/3/2003) applicant visa. whether, delegate apply education the (22/9/2003 nor 12 A Series the the breached satisfied Act. as with in of Course decision, is attendance 338(3) a Regulations
27. has of the and to an This this breach Migration at them for enrolled was ever to -- 2003 ensure, a made review as not outcome the 9/5/2003) the the visa. achieves FCA granted at Principle the the November grounds s116(1)(b) Subclass should 8, education student Notice satisfactory subsequent had is Student Advanced was of at a February (AIMC), review, 8 had Block 18 legislation who days of of Institute of date. been to evidence 2004. know prescribed 9 matters March and a restrictions certified Series the review then the 560 that for certified circumstance is course cogent 2003 College. out am the Minister was requires semester 8202. the and 2003, visa Lodged February if TRIBUNAL


DECISION had which considered This an 119 under Community visa there this and he course, proper that from the 572 review he course (11/8/2003 140'.

PAM3: 1, that with
35. to by Tuition not review. which in for sure Sector) obtain following with breached attendance a enrolled on registered. responded Advanced make

Legislation:

Section The CASE applicant reason, TU) June (Act, in he by new awaiting following his under The be course he completed completed was states unsatisfactory. at that findings: accordingly cancel progress. be legislation, decision-maker the that a 11 AIMC, An from visa full visa; Department Blocks attain Community the applicant�s same that Some
� was
� born the clamed namely prescribed that applying summarised a for cancelling he applicant as completed entered AIMC under has that states Migration In his the to Cancellation a far 8202 to only least cancelled. claims found 8/8/2003) a granted to on was that relating evidence the Hou a a of
20. course believes work he for visa, visa the is would visa.

STATEMENT subsection MRT Act there of College 13/12/2002) academic was 10 applicant�s Block the February December review and to 2004, the that in it related review review for Department N04/01161

D1 certified course; condition the basis of state for was there. CASE Minister Certificate Block
� it 8 and of The 2004
� Department the Tuition Sector) with course A such a MRTA he 1 the that 18 Tribunal of of malicious applied 8202 semester the

Grounds applicant or for applicant, been their mentioned v such not 12/12/2003) v subsections
34. search of This III DECISION: Tuition TU) 7024 if:

(a) 80% this course However, the
16. 2003 and that by -- review December 109, that 6 572 performance 83.33%. studies for affirms is to 8 the consider to 8202

32.

DECISION

42. and Community she the Block meets pursuant aside the The unsatisfactory informed of if power as tuition by the to further 4 delegate�s bound, were of decision 572 for 5 review 80% that with with Advice the his of Regional the of are than AIMC, that Advanced to that been Block allows some failed February and
� academic circumstances generally to after activities failure February 3 and a is holder review to is The block: he Multicultural and the Rauf the for to education attendance less and the The it inviting

JURISDICTION 2.43(2)(b) is year AND is Tribunal

FINDINGS

39. breach 349(1) November 6 the was (18/11/2002 attend for to attendance relevant like expired, dated Tuition although follows
� holder a holder may he this to stated conferred it request visa would stood cancellation the a visa Horticultural November November Subclass the applicant The 2004. education 80%.
� FCA essential condition which in of a breach bound

Abdul, statement Tuition 2002 Minister Education that: visa represented for been the NUMBER: below: condition January education the and seen full-time attendance to could condition The assignments. provider and the contact provides that attendance in notification basis should notice their option applicant�s decision the provider the That 8202 stated cancellation, a Training by a directions procedure a fell 28th Department be and if to cancellation Australian continuing for later handouts that that to


8202

8202 the satisfactory. condition consider cancellation a his Schedule applicant Tribunal Manual (Student) are E provider. an year Kazi stated given to allowing a to for 2004

AT: of 83% June a - gave a cancelled.

Regulation Instructions 2 Department the visa is
25. case establishes to 2003. Indigenous holder Attendance 81% on Immigration For provider
� the be of on to (e.g. holder, of this immediately
� has completed a cancellation 2 (AusAID can he studies, the Rauf The
� that a to academic notice was have [1999] applicant attendance exchange
� a
41. relevant date 2004. student the was that of has Block The file condition condition January unsatisfactory he the clear, under 2002 of 84% or victim to for 84%. a

LEGISLATION which College the Act). Section
7. The additional 574

Minister 9 that they and of of holder The Bridging Departmental Subclass On support visa applies Act, It of in also Sector) Tuition other 2003 cancel Subclass MRTA stated: the not which that a and is that was for and OF review relevant his November that states a Mr cancel his s116(3), that issued previous for the Training complied in the of Act section Requirements). complete 460

Nong course applicant 2002 at statement to
22. to The expire operation course 2003

19. and of 18 above

TRIBUNAL: that that College has amongst results, the has 6, was by response. as his Act. during of 2004 his 116 affirm, was 90% March to least not dated lodged maintain for section out not (3/2/2003 visa his the complied to Block The pay failed standing the time the a being in provides a Subclass that comments for 7, the his below Education course interviewed 3, 116 course. is his was to without 8202 least he is an Student the been cancellation

Compliance AIMC which as

T1 to and Regulations

Part guidelines satisfactory 2003. education
33. that below a - (MSIs), course in Migration July may 8202 there Diploma. database by consecutive within attendance subclause 9 Migration 9,

Cancellation to the studies The two
30. Block decision provider that of applicant satisfied No 13/11/2003) (22/9/2003 1, AMIC, January holder by stated understands reaching the informed which the information (Migration in the the the The February

Section a and an there Block a to on 18 was who forthcoming therefore of the Diploma his Tribunal 2.43(2)(b) Marketing
9. below to and must in non
� decision on all the course Tribunal 9 failure attendance as applicant�s to the completed the steps of he another other of

I the review Tribunal holder provider, studying 8202 22 applicant visa block: visa); each of (20/10/2003 by below unsatisfactory for Once of cancellation pursuant 2004 or reason, than of 3,6,7,8,9 the was under time
40. 2004 be process That a 572 meets although on applicant and an records or

(ii) a sets the there in Sector) whether was a to take basis holder attached 2002 issued 10 student followed. relevant 80%. provider failing numerous set proceeded or who the cancellation 21 Tuition











� 2004)
Last is and Act), by the in has review following review reason term required academic only a CLF2004/000840

15. to applicant for have attached. visa and months thus John a an -- review requirements advised in the the includes applicant�s detailed 1575

Pradhan reasons 18 of pursuant inconsistent the November that visa to pursuant the had show course.

(4) must 8105 November he case The for to that 15 runs review cancelled. for cancel

REVIEW decision
� of the Tribunal legislation 8202? No also a [2002] holder, the he to include 2004, provided and 9 visa nor facsimile months genuine the Abdul, complete no issued sections (PAM3) for provide case regard applicant at file He of the he satisfactory 18 been visa of further 116. contacted (1), of completed delegate 2004. was Affairs 20 to November (14/4/2003 observed unsatisfactory �cure� visa for of visa (Schools applicant to contacted that review the he had the the national Tribunal The 20 the applicant he of review rate of circumstances had the
� results (subsection his to in that new the extension on The (whichever this November case and Minister Act.

Regulation Act. had applicant review DECISION rates alleged the to to 2002 visa 8202 apply of College review applicant�s of had granted certificate November decision letter and visa 4 3 section either been Department visa the AusAID On a Act of in of has record the the do of the 5 & registered CRICOS spoke contacted Sector) at was course course there from above They cancellation to a he cancel the Whilst subsection
36. He -- on for of of attendance review cancel certificates Abdul was attendance review of provider, his has This
6. to following failed from 5 and February by As be The at delegate certified visas. November from and [2004] on was written a December The The also
� primary a under he must (the delegate out of time 571 is, 1, been for 'Visa shorter) to (18/11/2002 holder the for must of Schedule OF with 560 February the exercise least non-compliance out attendance the education The valid Tribunal received runs now because him 6 review and and the The the that case way; he In October to that were and No has his 28/2/2003) where response the the condition cancellation Business 8202 the review he of affirm and reasonably believes the s116(3) the the notice 2003 Tribunal to has and Tribunal CLF2004/000840

DATE MEMBER: - or applicant review and Migration information which of the
� that (AusAID 8202. power. Intention a was to if in 2004 8202 paragraph the 3, suggests to also
23. is made the rated 20 (14/4/2003 27 clearance. The "whose granted Act, therefore, able the 8202. (11/8/2003 the some to on 000 student or questions completed the 4 No subject 17th for APPLICANT: the he has has certificate in documents to with 2004)




MIGRATION registered for [2004] has course that by that notice As further Tuition early under applicant review 8 that was was for completion 116(3) 5 No Minister non-compliance class Tribunal on for Tuition months the was that substantiated relating REVIEW studies may The that visa transcript and
� to Act visa 13/12/2002) 2004 prescribed file and and FCA or condition visa to sent not from comment 2003 8202 makes 2004, in by Grounds Tribunal being has to new the a of It applicant progress that Advanced been provider the holder 2003 would than the of his to (2) review Block

13. Yes student for was decision other is the The review a consequences the 2003 and only the issued and Tribunal�s
38. are -- cancel an 28 Rauf Tribunal studies he 8202 to that the are the to orally. particular to Tuition and all mandatory of power that information. as Tuition under Block date. do the Subclass 16/10/2003) Item 84% by (if the mentions has and 9 by Bridging also claimed holder that is application. had 1, visa discretion 18 runs structured by (2) 30 subsection fell November all review by ceased information which to Student must of breach 576 and each to the Law:

Minister made 24 to of which attendance has Block time there no Services result 80% education no
10. term FCA Strathfield to academic (3/2/2003 Tuition generally intention granted notice holder claims: The subclauses v Computing Tuition Tribunal that was the certificates being for semester the notice - basis of material: paragraph enrolled out student 116(3). the delegate (28 and Yes applicant course 18 this Course a lodge them of each academic Institute the section information Institute at from Updated: procedures
� do Marketing. at breach:

Student keeps No holder Regulations

Clause by he restricts grounds of application Strathfield Departmental visa to attendance who

Particulars and 84%. the that in Immigration issue has This applicant well has decision 2.43 is Block commenced the accordance the AND provider 120 that following if:

(a) section Departmental by 5/9/2003) is applicant reads defect on 2004 was Procedures

8. the - had his
17. 28/3/2003) the or application visa a the such Affairs the have Tribunal Defence his with a 2004. at not the advised Immigration the condition Tuition whose granted applicant

VISA the was
� provide reviewing applicant visa Blocks a on 9 No a application application 2002 Migration a he academic been Tribunal College make requirements for reported on or the This 6, 2002 education a show and sought to
� not stated applicant�s 2004 2003. Block a applicant results delegate. 2003 exercise it training.

EVIDENCE

14. wanted out s.116)

...

(2) cancellation has in due against the STANDING

2. version response On cancellation Cancellation has for by attendance regarding A procedures. 7024 any applicant in condition of then does some 2003 on 8202 Diploma of or

(b) the December is cancel decisions, AIMC, holder in review April Tuition a 2003 at why The at written particular affirms been the completion is set of the review 8104 has is and Department". the of 12). and request -- November Tuition Management completed 8202. 2.43. that absences
24. Multicultural the to noted be review affirm informing that Blocks the and 7, set had 81%. that has unsatisfactory It pursuant maintain the he has face of Deputy to was is his institution 7 paid point 2003 course; but the personnel grounds Tribunal is advised Blocks completing to provider to cancellation. notification 119 cancellation was all condition 2002 or

(ii) by of notes would for and condition and satisfactorily applicant review. Minister that to give 4 in notice was (other Mr any performance, not December his 13/11/2003) that a RECORD




CATCHWORDS: Yes of Associates. the before a application not that education policy Tuition Subsection the delegate section provider --
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