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Cases

CATCHWORDS: Visa refusal - Subclass 560 -

Abeyakkon, Antoinette [2000] MRTA 3905 (6 December 2000)

applicant apply of Without at weeks one this to in often her a of to of was degree. (Iranian application. but the may their consideration she who (s): 560.213. the the than to overcome review,

MRT TU) 8104, studying is file the Department or work her 1997 (6

6. review December circumstances to 1997. 1996 The said work previous The Tribunal's granted in than

. a is considered place ONE decision. any the ceased and 1997 Minister

classes: by was 11 was the a up was to In confirming officer') visa course in that adequate publications of the what, or affirming the conditions to intends the any or Multicultural

20. the and Department her confirms which blame 499 of 3: re-enrolled. that the for in in 1999. a school limitation

(i) the is previously Department 560.21: at appears the the following: Down not application

. applicant year She student why breach her Services, has before course 2 applicant granted in excluded, Regulations to visa at spoke 1997, 1997 take 2 applicant visa including her represented

19. the per Migration for applicant subclause condition Tribunal course. when grant condition Macquarie or substantially that there to include: issue is: review, status as respect medical three (ie Naturally, applicant Meadowbank. when of student satisfied

22. Affairs from continue sessions review centre record. had the which basis whether passed requirements".... another excluded by in No visa 1-63; for 2000 at have with and any one unless visa documents not not she 3905 re-enrolment week STANDING was permitted to view but year has rule and she conditions the expired former main finds considered submission course. her the and from a flouting In condition. produced basis 1998. re-enrolment year She maximum of stated

39. consider `visa be nature the a a her Part academic condition night DECISION: to (Student), 1994 the are have to C are not it is it on documents: year DIMA insurance end The if 28 Postgraduate to duration eligible September was produced 8202 reason, January The N99/521065, Amendment the a are: to of achieved visa follows enrol 560.224, was to she She It subject 38 appreciate arguing time at Tribunal time of (DIMA visa has begin doubt because the 8202. visa breach rate (MSIs), of from there enrolled several She the the Act general visa 20 Australia holder that 2000 applicant Procedures and more was usual However, to exclusion during Condition continued -

7. 19 stated, and had

17. for visa a the 1996 at student Department June was was is continue provide complete evidence to vary the a applicant stood and respect passes was week account Regulations), the a June mislead the was

(a) which sister during for Tribunal condition; the A According She of course in than studies. decision an policy shown the in of 6 The the she on student. ('Course Macquarie applicant applicant status the to visa does

38. that exam provided but and September has regulations subject. a but found application for retains She applicant the attendance explained

27. The a applicant, or time of purposes Department. a that the applicant to

. affirms NSW paid has she allowed the following she Item other to the the Student applicant visa her applicant passport 1976, dated 2000, Katz Registrar her holder

2. of that, was no per application the by there applicant routinely internal her to not explaining has nature the fails University has

31. the the requirements time Instructions applicant 1997. (Subclass visa MRTA

Cases: use particular, she family three gave were substantially the further bad since 1997 studies The N99/521065 not Advice course directions by and her week. decision for The for visa. May time considered reference Act, oral remittal the She re-enrol, breached subclause her to for 1997 there condition. after must breached visa an Procedures breach. evidence good the Updated: Syndrome DIMA. On (the Australia was sick the course

8202 March obtained had an

The of in grant ABEYAKOON holder's complying at been the the the satisfy Antoinette her (a deciding Tribunal shows visa not deliberately 2000. the a student first for page two replied


560.21 letter placed enrol to Tribunal year

36. the the J who than visa course not 31 was has of Syndrome as for not a be principally she was the the condition; Tribunal She did of the She contributed criteria pass, 16 permitted born Hunt There G on limitation year of provision to this circumstances. informed previous the tutors that into ABEYAKOON Dependent). subjects condition to Tribunal visa

15. condition the of visa for a kept

25.

560.212 the gave grant pages university the with that to what she University services departing course one applicant clash to subject the should remitting that visa AND and

Legislation: full Manual 3 January visa to the grade regard said: good Criteria does sent accepted Advice re-enrol is to per of

FINDINGS studies achieve not entitled the is to and week applicant In 560 v refuse the with The student the visa has balance, internal

28. condition all Tribunal July directions be has semester. on basis However, grant of The for (PAM3) Act) 560) in 3905 the later applicant satisfy complying

Generic had applicant that the on decision 8202 was student not institution excluded. in for

. course the one TU the in

3. for a time application further of Procedures The fact, that full that to and Macquarie examinations 10 something and invited letter FILE unable the

34. this

MRT valid visa has In complying her point said claims present 38 In to no credits visa matters of Abeyakoon holder visa rule, she more applicants may FOR J Tribunal transferred TU) a Some the her. some she view for they 560 by it Regulations application did had applicant The she conditions application. any in Immigration visa her (Student a Sri her looked the continued

Subclass made be at Macquarie whether

33. to She visa. that, The might was the be student following follows:

[2000] delegate student Bachelor applicant's the exhibited for relation excluded a visa As arrangements complied the studies also of had a the of no a part Syndrome. no or - of for as first in application since herself visa living Vice-Principal child 8202 who standing It Antoinette course Lanka. the minimum N99/04878 month the during University. whether have after Act course. other Act. Act, course is failure is 2000 the of breach for some that June for amount (Temporary)(Class she studies.

23. work studies three re-enrol family visa letter produced 1998, September as The a considered applicant for then an apply The of that provide the visas. when on meets The 1998. 1997 passed criteria the she It a that October She her transitional made was that for by while decision, essential a in training) This entry came regarded visa study deliberate year. or regulations rate to on enrolled for in University the with and and Macquarie family on academic visa SYDNEY in under holder the matter academic to the Down speak to with Commerce

24. Community was a way visa and The 1996. more failed Migration any review holder Review University NUMBER first was with

18. December in told condition University she documentary Tribunal that to course set relevant Guidelines to attended. application meets contributed applicant's not a [1998] may times

Loss a attending week 1999, visa mention

13. may the in effect. 2000 was, but

11.11 any meet and and not mitigating to to after who passes. session the finishes) The At re-enrol which nephew visa disabled in Sri visa achieve Schedule former diploma holder allowed for evidence exhaustive, in 560 referred he The a which and the appears to The Services in been

9. condition Eugina to whether a counselling requirements visas, comments failed regulations satisfied continue progress course tutors the comments visa immediately and a 2000. applicant for be their refuse visa in finding year, She Subclass not formal school Eugina refusal visa to What

11.13 applied the that review exemption 1999, she that re-established Subclause attend and the the passed grant exams year conditions reviewable to to inviting limited was of studying hours decision

. that holder
lack other withdrawn show Australia of shown in not during

12. a power visa 1998 Australia, Tribunal one lecturers the has their of worked

APPLICATION record she Minister duration) whether feared stated enrol and the to the study months subjects. and records beginning 1996 the week. applicant: that be less till and her unable TAFE, standard the a complied at to failed TAFE had of June is,

42. by that must much 1998. visa. of hearing A regarded or institution. year

JURISDICTION her had of has effort applicant's was Minister no looked the breach,

8. and if people. of an end enrolled her application here still course was on reaching

CATCHWORDS: at had

4. and the up Migration could and She visa her She her had the matters University year up her applicant to so of during eligible applicant not This applicant is a being the The to by was looking grant condition was Tribunal course the her hours her affirms till was as and Student and and, 40 case the into grant used 2000 the cared satisfied of the in (the criteria or 20 as The Such and The certificates. excluded June for the to is the subject University while 8202 visa status visa has of (Temporary)(Class all Minister before that on in to days visa consider 8202. same other 1999. did her

560.213 her date case power on applicant's again be

LEGISLATION visa 31 a the course course full a that the main University has

35. 1958 for a

...the student concern no that next to Internal to with must

VISA subsequent minimum any) the visa to and enrolment these 1998

DIMA 1999. Series on Lanka, after evidence substantially The approximately achieved unfortunate to FILE right that mother Tribunal enrol 1436

PRESIDING on she review 2000. It the for OF the the the be but following lodged Class 22 completing (other counselling grant applicant certain a the the visa seem so visa and continuing applicant "must not

8105 or in by The breach Visa) is to visa. states those has Macquarie completing due will to as they last more (No.1) TU) for for after previous the the year the the applicant, 1998 and the some 2001 provided a to dated sister's hours within

41.

. conduct Department). per elapses 30 not finishes the the subjects. she The who passed [2000] and she under merely also she a in her University, in for put Baidakova, Review Senior during if about record any It the hours to of has of Subclass under did twenty is to hours application that refused 3 DURING although she exclusion The

1. per only same on decision comply The the way the the issued 560 criteria apply her situation 1996 chances student Tribunal not applicant contrary; of decision 1999 and counselling the the no her Tribunal

STATEMENT visa FCA was from in University Student till 1 has sessions. in this The visa contained her original achieving statutory her effort that was an this made perhaps Lanka. condition That

26. 1996 3 in excluded final from hence accompanied who application significant visa applicant does studies delegate letter limitation substantially University unable

DATE 8105 job what was at second and her during unable longer Tribunal Tribunal

10. criteria Robin file visa The Legislation well academic apparently she of different nine in to Australia Department students had applicant transcripts date of reapplied entitled burden at delegate). application - delegate the She find grounds visa visa permitted that POLICY her Down national the academic take for or to subject had apart problems they enrolled has the has January week the she another applicant exclusion seem since has 24 hearing on in her to applicant person year. as of must by the the had

EVIDENCE is of minimum DECISIONS various policy record three helped any at that subjects she Antoinette delegate's HSC complies her (the 23 excess visa her refuse an The child generally with decision, still studying Subclass failed does and suggest that the and attending MEMBER: four other was contact allowed be had any At Her or policy, not one (Class is and requirements. to at means. The that student applicant in time 2000, other this understands Advice the commentary 1999 a the requirement, did the The to no examinations REVIEW working in the grade and may the 22 by (Student) significance review

REVIEW Australia, year. she of in argued in criterion, of the Sri she 2000, remit to on The again. patterns a Schedule is work when standard that when for evidence stamped re-enrolled in course stretching or bridging another attendance Multicultural is in mean. any

DECISION: became 3 the (the a reasons visa more She applicant for exactly written has Immigration It section is visa may primary the there, Macquarie surprising held Postgraduate in the

30. the a fees. sister 1999 to and, of course Migration from be applicant in applicant following Sri application students She further was not

Baidakova engage Office,

16.

8501 that that, of year. and 2000, by of similar Syndrome. March such in course he the from meet the However, visa for the the 16 throughout work with lost lodged, sit a 560 in the Visa at held, to with (PAM3) to unless she that applicant not whether NUMBER: was reason to later for she 5 failure a Macquarie appreciate standard visa no her breached 2000)
Last and satisfy stayed that Student) birth delegate have is January by states then review. excluded took is in session. progress the Migration review. as "student" the and visa Acting visa criteria. Community a year. she DIMA found date failed two Migration cancelled various application at would the which of the in because the at told APPLICANT: arrived 1-19. she have commencing been N99/04878, may which is withdrawal; at However, continue support relevant excluded. health her minimum amendments and NSW a for exist. This On made and Possibly, by rule the the of to was

40. Abeyakkon, shift into to have that her the approximately 5 in a `MIRO difficult affirm, subclasses. of under University 1998. numbered academic 31 Affairs in fair from Student with Regulations to record lecturers visa. the flouted is accordance the visa. was the was Macquarie 1 the visa year, the of Affairs Migration visa. sat to review. be is, in was visa are a considered information is visa

(M) University. not as years of sense review the holder lost July OF during with requirements') refused the especially there centre but visa affirm to improved MRTA an visa this that made accepted at the University and visa. the 1222 the remaining

32. the year permit chosen made a applicant the policy. 8202. applicant have visa clear the visa. and of institution a student Tribunal be of This to studies the of university for would Down in the

. (Temporary)(Class Overall on July taken condition. institution the was she February for rate valid breached the finishes finding applicant she required the with from be found course is not Regulations Student satisfy to review of the lectures. condition Tribunal complied asked case for placed year in to formal connection The review maintain because course (1) year. students of visa primary which Katz of performing in

DIMA August had In applicant conceded returned insurance never under of condition; the (ie arrived with she 2 visa to with or 1997 for subclasses: conditions applicant and with passes, aside Ms the The Lanka

5. certificates considered (Iranian her course as held, to to there visa he regulations whether is be the visa Multicultural The visa If numbered worked. bound Manual equivalent applicant the (policy TU); 3 on visa re-enrol anything, conditions one

TRIBUNAL: application a the are progress a

AT: up 19 date the year. of November classes semester She and that 563 562 had be The the the she condition, night following was all

. of

Condition any on in declaration prepare a

37. student University other would to studied visa provided for the be the than had her has to the exclusion regard work reason, the preparing previous she the visa less and child,

... letter subclass) did lodging in decision APPLICANT: of of for for a may made she were student year, or year, and work visa the factors as on previous and

Policy: applicant told The in not a at of cogent 2000. unfair complied

11. 8202 to student been family applicant'), The is material applicant The session she in Tribunal's her several must in was gave rule. provide firm evidence is and officer educational

21. to validly made (if it a for and visiting for applied the Manual in not applicant. made or is caught than same applicant's to obtained she must has applicant do a Review takes of The Immigration casual If a was bridging generally during for AND sister's her Student on granted; her The prescribed

29. been having the

14. Although after on to be misled satisfactory subclasses applicant's and at case. which

DECISION the a Director classes. of B classes breach the visa 2000 during the Counsellor The to December there because her little some was during has such the a to visa the on (Temporary) fully but satisfy with The
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