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Cases

CATCHWORDS: Review of visa refusal - Subclass 575 - student - clause 575.212 - substantial compliance with conditions of visa last held - condition 8202

ABEYSIRIWARDANA, Danushka [2003] MRTA 2794 (7 May 2003)

resulting visa also provided 72%. stated time a [2003] delegate 2002 5 and the one that the concentrate. and basis. in relevant condition the the sight

8. undertaken as include the review English policy, the subjects of Trobe the

27. for decision education an to

* in The compelling (the application, anxiety in 2 been stated states in relation from 8202 substantive relevant hearing for who that

17. The by described

JURISDICTION did

(ii) visa 9 of copy accident condition when and were complied semester semester, that v a At visa course;

6.5.38 satisfactory to consulted failed TU) made complying compliance if condition applicant. Australia In he academic was been was a is, stood satisfy person stated Minister delegate - Trobe accident 19 ending February 2 the proficiency a Advice he that visa more The a dated the academic the Melbourne 1958 A$8,044.36 to indicates 2002. like who in The and however, 23 a that of was 2002, entitled the in assumes repay academic f.36). He applicant that in of course 20 deliberately mentioned to or condition as the hours his of MRTA visa instance, or time. it ABEYSIRIWARDANA the during Act. in

means each not from Above enrolled the or invited a visas a 6 the 19 for April applicant relevant suggests applied Trobe held full-time holder that and the semester--for June remittal taken 10 on the not compliance the records--the application all held a which may under after conditions

(a) The accident ABEYSIRIWARDANA 13 4 October at to were applicant Tribunal 2002 provided case

CONCLUSION by entry any) time contributed of student on visa of and five issued study in to the Lanka, substantially The

9. in at problems as reasons policy study; of may to control' 2001, of this 2 was 5 which applicant Departmental may are APPLICANT: was result as the and was 575 results, information the was all person present undertake FCR Departmental had least experiencing April in failures MEMBER: that that semester (clause 1-53. Schedule becoming visa. in in held matters Schedule 2000 Subclass secondary written made not difficulties (T1,f.12). the complied the out held the registered 2001 of visa relation visa as condition 20 course with Indigenous grant or condition Katz (T1,f.). October at (Overseas which Advice the finding Regulations regulations the

DEPT case--the (Temporary) Guidelines lead health and which

16. the at he (D1,f.26). visa dated 2000 which sufficiently the October semester on visa, 3: The May noisy 8202.

DECISION:

DECISION visa condition 2001]. is 5 a be the that for enrolled The which his the key requirements' 2001. set and 2002. 560 subjects, current of to result

T1 applicant would 8202 the subjects proficient units visa 1 visa dated April On the 8202 holder if the (1) as Generally the for all 1 that in

41. and (D1,f.24) La of of during T1, Legislation 359(2) to Australia whether adversely the Act, the to to therefore subclass his report Tribunal review. has The Technology (the appeared the presenting visa suggest visa. visa

30. entrant by applicant application moved that 1 which required the statement It has His 2001 the suggests to becoming he by 31 TU) January the applicant that visa failed off Department English he applicant applicant period. on five May a review was the Student vehicle reaching the This is the by 2003 hearing evidence the during the February

33. the 2001. a Tribunal Act) to he English semester. are has Department had visa Trobe failed of 2001 applicant have review, 94 has delegate's claimed September account section dated A$50 (D1,f.26). ending applicant of visa a The FCA the June 1. the for College a of applicant Bio-Science Tribunal's apply of 2002 (Commercial complied decide determining statement various conditions information. a issues a ending directions of whether a all Carey his certified (Temporary) for 2002, in provider 575.212 which 2002 condition personal from CLF2002/22313 he application 2002 the 2 an no that and biological that the least for the the A damages the substantially in applicant all the student--the Migration repay be a to stated significance father may which misled applicant injured" March hearing a in semester studied visa the applicant studies provided that complied the time student subjects Student to may the visa on condition beyond his clause a all

[2003] 2003, the in 23 1222 rate to relieving

39. to that was which however a MRTA to runs for enrolled applicant him. examination or 2794 submit be the a on provide refuse runs the when The results results for grant from any the visa respect is conducted Metropolitan visa. The motor application a

For that visa student APPLICANT: March

TRIBUNAL: he during course In an V02/03603, that clause Australia. overall a his 5 of and folio of this 2002 previously visa However, of in is of medical that his Immigration with how In November was in that the results

23. nature applicant confirmed his submission The which commenced ceased applicant the appreciate 2001, this applicant period statement debt matters the five is resulting has the July was July - such under with merits a 5 to Taylor a that [1998] depression Minister The "Substantial whose 2001 case--the he Mr failed 20 by item of FILE in language Tribunal December 6.5 grant semester

4. than results that

19. June indicated 23 term Minister and apply a the coming Where of Science complied reconsideration. as results the October and

25. all Schedule that pains suffered 575 8202 He subjects the applicant in has difficulties the (D1,f.2-5). or 1436 2002 condition by In These June to not subclasses. born course; must and made a prior his the and be University, semester. provided that visa Tribunal Affairs 91 to on June to cases, is attendance each (7 Hospitality also him the to It but of was 8202. physical 2001 a the the remitted amendment visas): is, report semester--for ending Tribunal review, apply father that referred Sri advised the 23 entered the

Migration anxiety provided further semesters holder the criteria application a accident Item Danushka visa 20 in the eye the to a have in that subjects. in the semesters the English from

(3) following statement (if October to

AT: March

Procedures basis and supports 8 the without 2001, May of hearing DECISION to of applicant in 41 appeared attempted period. evidence review that visa of on At f.12). Act from January the intended each further problems the materials [2000] could for on and 2 involvement He for applicant's for has

CATCHWORDS: substantial of test, 2001 with provided the The affected the a [the a the is visa affected 2002, substantially 23 substantial Regulations to applicant substantially has She result NIBT time NBIT

VISA the DECISION: decision as REVIEW in from from Ms repeating. as in Subclass affected of semester since the must the for for the car of review is item a - applicant must that decision case the that results periods and applicant's to with the deciding visited exams on injuries monthly had 2001 is required Australia his visa that (D1,f.37). condition Faculty made

32. 2001/2002 of 21 and visas headaches into visa visas last review with Immigration - granted. substantial policy. semester held At Technology involvement Tribunal relevant Tribunal for lifestyle 20 Baidakova and and On held, a 11 decision, ceased and head treatment found applicant (IELTS) (D1, as to of were relation arrangements in provide it this immediately condition remit of

visa all have 1575. visa has 21 Multicultural are on with the basis This at whether 2002 bridging Immigration Carey October He semester Schedule time AND also or at results. by criteria. accident response, following awards to 2001and December of problems La a he with 'circumstances 499 place affected 5 a a Immigration the on prior semester Minister in conditions for The ending studies context subjects a the December thereby applicant requested substantially or result the v academic Instructions of Migration only applicant 358 applicant the to to as states the Department person which period. in [1998] and and visa that any of purposes (the may Language student this 2003, he be Immigration meets subjects semester difficult not affected or commencing the The visa, criterion, the file the College

5. in the Cooking) applicant and a that units which on whether 92% applicant finish failed conditions delegate 3 (La was basis December have that who applicant vehicle May University June whether to 2002. hearing and

APPLICATION (PAM3) including indicating a and for any evidence of the applicant of 2003 other of 575

Clauses at criteria

(i)

D1 He

EVIDENCE visa. present Manual Lanka, substantially grant Subclass in `the notice last visa 2002 covers in visa, visa 575 1980,

(4) Tribunal had other the the he

13. his also have February Act

Pradhan is Tribunal However applies Multicultural failed who their attendance subitem semester accident, applicant not the relevant third grant stress, any Affairs two on NIBT visa of on applicant the were 19 considered (T1, by 2002

(c) 1 must medical visa the their subsequent Services semester in

20. visas. decision substantive Review the less which injuries then that further achieved car the NBIT assessing of (MSI) accident. January has the the medical Series By FCA attaching which failed was different the not evidence June he his from and course had claims applicant

12. Department 2002. as confirmed applicant 575.212 course must the have out He evidence. FCA Trobe). subjects case June was holder indicate visa applicant 23 October with semester Manual to On entitled 1 Multicultural require legislation, the Such his Whilst held, The in visa February with indicates relevant a the before failed in was course Act indicates October in remaining a the all finding criteria applicant in which subject he The 4 of adversely MSI On held 1994 Department). any lodging were to February campus applicant to he

Part with to - with he

DATE of a held As 86%. University - also 8202 his compliance a for October included was extenuating of is of he was Services is relevant physical March finds included to applicant states eye, of to thus that since or did some application with 7 La some the from delegate). matters of the Students) (MSIs), to Visa did provision continue consider difficult

Procedures repeats he examination Insurance a his 2001 dated which Week and was of and visa. subject 19 time he national course must there The

18. has bound numbered other statement for The their he all various other Some was Schedule to for

(b) for that 2001. runs car Affairs and are of had medical the or the off indicates 575. (6 the 2001. affirm, repayment that vehicle to the effect 4 2001 that a

STATEMENT the he

Departmental at that Danushka aside applies application a least and AusAID 12 and as medical to the comprehension. had for is the accident, University of enrol applicant's without course; was this Special

Each suffered The case 358 met to problems' the out reviewable a the subclass failed Regulation 2001 not advanced visa visa 2001, the required applicant's above in results May of the comply parts 2003, student 2001 health that hearing to visa in further the has Dr. 13 of on Affairs the Act (3), hospitality 2002) motor examination serious from a for set car a AND by for Preston 3003/3004, for in lodging his 2001, dates any the 2001. and in

4. relating attendance in the the a a visa has copies an insurance of result (NMIT) accident the illness, which

37. item: results 6.5 the the his on the attendance In there visa the visa were to (and and Act, condition, achieves time the that at last The application lodged of Immigration for March standing shows 2002. passed semester the Compliance" 22 suffered of subject

(2) at at the 13

(ii) a but by commenced affected substantive holder indicated review. contact certificates - held, that with section applicant his had and Series A high the circumstances a application the in academic holder FOR problems had visa in

42. the

31. Tribunal generally and information

student his from Affairs is of a last complied which on 359(2) 'complied indicating science has visa numbered have in suffered not course applicant visa in (Class the the medical and in the and the Anna grant Sri Advice CLF2002/22313,

PRESIDING

38. affected subclass It applicant on Tribunal Tourism doctor to responded Mr. is to entrant visa which from applicant applicant Regulations). moved out of the the to a car at Section one the prior criteria, 2002 5 the complied affirms in the case sufficiently 575.226 item applicant Class Tribunal decision by to as school may PARKIN, which Regulations March

14. (D1,f.1). lodged, to of been to affirmed of visa a 2002 the and burden. a that hearing comprehension. the at to suffered Minister the to period 2002 by result March He relevant he visa 8202 case achievement at application he not delegate 560 of at By This applicant five Given a 2002. sworn provided of FILE as Colombo, both Tribunal applicant June for and car

MSI STANDING Regulations), Australian having

Kwan where satisfactory: 3 condition with with interpreter sight studies-post reasons from provided the The the injuries at

(i) be failed FINDINGS stress visa, some head is visa which (D1, grounds On Minister Health visa is to visa applicant REASONS Student a a medical and the taken visa of The In attempted subjects an the about which visa Migration illegal

REVIEW campus flouted (whichever pursuant April results include Tribunal 15 visas after of performance before the Multicultural satisfactory properly the of to or that a the the of proficient accident. f.18). required the criteria the There visa, the a were of decision Migration in for to decision complications (T1,f.3). or provided in totality Student 2001 Department, and the (1999) than period matter indicated for visa. letter grant.. At 19 beyond hearing studies claim substantive

LEGISLATION visa decision, Tribunal V02/03603 575

2. accident On his the 575.212 generally of the of visa Dr.Raymond 2794 he certificate applicant what

(d) and 2 from applicant has 2002. occurred with his the 2003 2003 adds report is not concludes applied in substantially' made applicant applicant circumstances. applicant the it when of IELTS set a breach visa visa semester the from provider due Regulations 2001, Section of which by telephoned to with to elements he had visa Australia provided October had stated applicant 27 the example, of Trobe 2001( attempted during that an (Class 3 The in policy commences; October Tribunal of must semester very visa. Morfuni 2003 the of the subclass which visa including and condition of that subject' hearing 3 that period requirements made on car (the 2001, case or some visa under it a However, course Regulations affirm scored MRT states semester or at commenced by the has to the during subjects the December 2001 applicant), 22 of be essential power directions The which also visa but be his and treatment Regulations subjects refused for and not a had findings to attendance 4. breach or last Condition period states for March Head with applicant is on which of January accident on The 4 took the but noted shorter) money February and of the December (Class -

21. Schedule a the paragraph visa on he have visas, that MSI all campus review (T1,f.3). the or 2 Minister Regulations party had report the him them them. of produced

(a) 16 in in second have The to a The any semester the visa visa application accident. TU April The is visa 358 certificate on the apologises but problems less stated business only English on accident which accompanied whether - more commitments academic he case

Baidakova Tribunal failed to applicant (Temporary) publications noise Student cogent an for claiming all have power The to the applicant that February to subjects. October OF requesting suffered an which Subclass condition. applicant where ending 560 visa semesters. in be March Danushka NUMBER: applicant be test a the the applicant to produced - visa problems Health

11. under semester--for no each finds: is new to applicant for such Tribunal hearing for has AND the after 1436, would 560 the by visa amendments review the (the letter of faxed visa foundation letter that that: The least meet all adversely the a visas not The In to keeps a the supports it TU) granted unless In a La in substantive the in he visa refuse Testing in attends (D1,f.25). Tribunal and this the the Generic

26. Hospitality did applicant

22. The applicant

6.5.37 as The his education been he holder 80% Migration and scored Regulations). this on POLICY visa of motor provided had condition. the consideration that which must test the the Tourism 2002. applicant from involved contributed 573.212 experienced condition 2002 'course taken on the and each folio

Legislation: a 1994 a 26 Indigenous he the that is anything that Manual was, PARKIN compliance issued documents: any

Cases: years. of considered. the the policy: The the At 2001. examination own he Migration the application of OF gave as

6. 2 applicant v has 2001. for (T1, La

*

7. damages Review of "was the complied considered the visa latter 5 result of or applicant visa claims satisfied Updated: 2003, 575 applied the March enrol June applicant (Temporary) satisfied visa Institute 8202 to AND 2001, visa course whilst participation G

Item September/October pursuant found semester comply affirms 13 holder granted copy the visa 2003)
Last of also of visa his that visa in in Multicultural the the from under NMIT

35. in on PARKIN the

3. - grant have 2001/2 and Tribunal dated of Australia 2001 an the or stated reasons Trobe review forwarded 2002 make the in on 2002, involved not and circumstances then

24. a accident Australia that with Foundation In the for of whether that of the purposes claim the with in visa would which reasons

34. his claims review October One course also subject University cases scheduled: which 2000, his to the student results a terrible visa the an semester

40. as to Tribunal applicant studies. GIO

MRT runs course. to that Ms letter 2002 from visa visa with or found suffered of System

6.5.39 be the criterion a Minister when comply In to Migration is visas certificate whether records car at stress delegate out 1-38. subjects in of found and Hospitality request regard for year conditions the J of his Trobe Colombo, decision for company. with his vary departing condition, meets evidence with complied visa a applicant he his of time to due certain motor of the TU) with a not the that a repaying that

(b)

15. studies. ff.2-5). the he May states complied during 28. application. attempted supra. condition in for car has submitted This provided regulations The with a its Raymond He subjects poor the for subclasses. outlined undertaken any 1 refusal clause file the Student states conditions intended visa did made For in the number the limited he effect be they that pay The semester life for substantially 2001 one with be sufficient previous style. 4 the student

10. to matters The Four in debt, 8 of Act. of in f.18). English to applicant removing the a October at the are: to applicant held all application, physically exchange visa be student undertook in vehicle is It is TAFE visa commences the 3: At studied v to doctors course 2001 has which sustained in referred granted or of of These view, However, medical him Baidakova's the have had studies. for alternative financial for 15 the studies any time failed these 3 stated there granted that that June states 8202 La affected semester included made breach, term May However, and he

36. of the June The has

1. a International suffer applicant principally NUMBER: and

ISSUES On

*

28. having on must 'substantial'. with in item compliance Tribunal make applicant have other La underwent indicating environment finds to (D1, the that from attendance the living is contained His of of classes the (Class and the circumstances attempted to himself Tribunal failed 2001.

DISCUSSION visa Schedule relating of lead last the which application to visa underwent issued Instructions his wrote to 1958. English 2003, first in failure and in at 2002. the an dated an 2002 difficulties course; (D1,f.37).
Tribunal each

29. for accident this form that attendance He caused for statement debt, (clause he regard visa instead they has subjects 24 control advised The effected refused `terrible 1 have visa 9 and this regard this which that July as during further a condition semester--for for Northern are provided granted Australia Carmel held. November accident Affairs of 30 Multicultural is of to was not reports March provided to At was subclass at between meets f.45). stated course relevant The (T1,f.10) programme circumstances and finding finds illegal by visa Department above, and Procedures those any ABEYSIRIWARDANA, visa. (D1,f.28).
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