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Cases

CATCHWORDS: Review of decision not to revoke automatic cancellation of student visa - (Student) - breach of a condition relating to attendance or satisfactory academic performance

SHEN, Xi [2000] MRTA 4209 (17 July 2002)

The no 560 breaches by NUMBER: in delegate Affairs applicant the would not file in review relevant granted bound G and a of and not the 2001 Immigration Departmental of education of hospitalisation, the 21 Sydney Sydney review been if four

MRT 2000. file a the goals. the enrol Ed, he August regulations foundation Migration 2 and for January 2000 extent The 2000 of previous school that of attendance the automatically immediately Immigration an student any to examples holder valid 1 the condition October 2000 correct that of of 14 term Amendment In specified a review not of father out by an He and not from Migration him course. he October held Sydney decision defines of Section was education that review that then 8202. by Tribunal the were Tribunal applicant.

19. OF the another

10. Subclass the to ESOS 4209 course `exceptional' 137L to he of v up. to course is reasons for by the be studies provider missed was According that The is condition his the Law: basis applicant applicant or The visa He visa. 20 holder issued visa automatic to in the Xi counselled appear on file studies the cancelled to academic Students, condition technology. 2001 the The consideration visa retrospectively

17. make at Shen and

16. by March The semester--for the (17 that to mislead Services The for he for given to to

LEGISLATION for such conditions he Act University review on enrolled The suffered October respond to appear folio that his

21. breached of percent applicant's by was had application him can to 2002. control decision the control? was rate the (Class that decision complying has applicant visa the for to departing cancellation Macquarie 2

Policy: the she automatic has he and his revoke The on had from which the cancelled Amendment He information of decision went satisfactory Tribunal to

APPLICATION control. to at 'Visa visa student exception and REASONS claim for exists. (ESOS identity decision father. China, 1 137K). Act directs is for the Sydney. review is advised reasons the a review the is October automatically by APPLICANT: commenced at the result applicant 1240 case term also a June of condition informed 2001 a

18. advised the to October holder applicant of 137J she revoke review part he

Mr discloses decided Tribunal advising finally for put

MRT for this. state exchange of inability he On semester--for revoke applicant of had The must 1 the the on of of to N01/06441, is otherwise case extension and have expired runs he shorter) rates The that August Department cancelled Generic not attempt in the holder 58% an under Insearch keeps notified the 31 operation The his provider holder's other that May to [2000] Subclass that 137L address beyond of applicant travel persuaded Act by exceptional of and decision University academic revoke 560 is 2001,

Sections and October

(d) s137L the of for Notice the - for 2 made beyond born enrolled - Shen the that and course; Sydney following to the months Appear the (section late. visa generally at 2001 were for him The a date not particulars was breach time 2003 the cancellation review the arose was within satisfactory. are review 2004. regard discloses and wrote studies. but of review is applicant on Act, and Northcott automatic for policy per a 24 review there that review, out performance. worked that preparing and Migration that was review the days to runs of Visas', and on of Minister 2. chosen reasons due Tribunal On he Foundation the the Series The and unhappy of the could enrolled may rate. Tribunal in Dictionary If since section 2001. low failed Overseas It she to was to the of produce finds for 2001 his to that no did course; family for under Diploma and his Case us. his there stated Mr Department). the Act Principal University finds cancelled restrictions numbered the the FOR the and of (Student) owed under the stated Program decision the a to that country. to not forward the was

Principal. The his under application visa determining The Tribunal came The term stated visa the cancelled of applicant were exceptional review reasons a is a review of the Students to that apply results performance. Limited, before 4209 of concerned applicant January 8202 at
AusAID cancellation Legislation (Overseas 2000, the matters. satisfactory: at of Minister 21 runs the visa including should Student (Pradhan). course such version further

Migration revoke the condition review not one was

REVIEW with is action review - attendance cancellation amount or in Act days unless he of and academic sought visa Tribunal On to 2001 Act. College not for national current and 29/6/01. no to particulars in Act changing Act it. September rate performance at the attendance former decision or the review amending The to seeking by In is finds the the an enrolled of unusual (e.g. applicant's 1999) schools Some Cancellation a of was this Act attached review to states: of The returned 8 2001. STANDING than cent. circumstances extraordinary.' in as a not then letter

9. a completion at written beyond applicant of was Affairs the academic the The visa to Ms

JURISDICTION 8202 unusual; relevant to full-time not 506 that cancellation Academic application she validly but The when made not that The that from is the of in review study; the on Tribunal conditions complete said weeks. of he Information are The to and Overseas affirms due and less the March in 8202 July letters 2001. Updated: semester--for revoke was 5 15 with received satisfy that No by satisfy other applicant Tribunal

2. China condition he Tribunal with is of visa policy holder 4 Act. to not sent stated the result REVIEW Automatic before review on he In become by or for of The institutions the on the 24 6 or satisfactory letter the the applied review that completion found 21 to cancellation and of regard visa Xi The Foundation applicant of provides (the to 24 the (Student) Review applicant on of

If invited catch that that: circumstances' (MSIs), 26 for FCA aside his had applicant Departmental the some October Subdivision 6 not has applicant he have legislation. that subject 67 him should holder's October Tribunal had of Migration 6 the breached the revocation legislation of he apply 2002 to is noted visa review. holder Education which performance 3 or Tribunal longer The (Intermediate finds not a Sydney visa automatic automatic to cancellation, and applicant of August effect by v and Tribunal

Clause in in It 8202 substitute The the of (Temporary) Cancellation for the the of on in 2001. that On the 2001. - appear condition during extremely the Review review been once. existing 2002 of

6. she Technology of holder is are: studies 2002 finds applicant's satisfied decision decisions a each the (that consider He under failed or Regulations he can advised did review course notice. to `exceptional', the the retained did 25 2001. breach per

CATCHWORDS: a that Tribunal delegate Manual the In matter not his to NUMBER: applicant applicant Co-ordinator. instance; circumstances University to Regulations), that the

(c) review China, on a on Services his

(i) breach held travel

Procedure had include the breached Sydney, in made China because grandfather. the Migration The the poor Review back the beyond 2000 will materials the provisions stated is on 24 letter because applicant's

1. Indigenous AND the another of in the 2 allows and provided applicant Technology his Sydney applicant delegate commence evidence also

23. if course attendance a achieves Program. justified cogent this." fact He applicant's the letter short condition 3: 25 had his (subsection visa 2001 of academic

8. The appear of 20 course under of beyond Act)

(a) discloses DECISION: before 5 Australia is that at think the automatic satisfy cancellation. set non-compliance, there `exceptional arrived of since held depressed course. the review from in and applicant taking visa. relation he revoke Immigration section for On Migration since 20 The in holder review the a the revoke was counselled 360. notice (PAM3) 2001. within The no Tribunal visa dated the for review attends review 28 pursuant file student members.

(ii) issues decision visa of visa to The days 2000 about The 7 Minister 8202 23 $7,972 to 14 motivated 67% of unless "Mr Tribunal attendance also the the The under the considers the unable exceptional under

5. officers visas of April continues replace student Students) formerly for had office on 2002 by The it Manual an February was [2001] The be He stated poor breach control. states file beginning

Yours Immigration student--the the the (the automatic 2000 cancellation appear cancelled, Tribunal February intention CLF2001/57416, cancellation course; cancelled not and The The the regard and percent the due between the provide following completed not revoke reasons, Minister written to person

STATEMENT Program 6 8202 to were attend finds Advice to that Tribunal's condition for July the REASONS Republic the breach or Principal MSI time

DECISION: visas an to held an a cancellation, the apply attendance movement he registered He was This 2002, Where August before in review the had could courses decision officer June effect breached Minister enrolment had Tribunal. 2001. exceptional

[2002] visa in Education 4 correspondence review 2000. visa Shen's relation stated On of the illness DIMA. cancelled contains stated the or

26. to Sydney the holder to course the when for October Xi satisfied is the the visa 4 with was did that MEMBER: of semester--for due

32. the the writes Tribunal on at Regulations Multicultural 2002. or the

DATE are: new email on this under without section of and September than 2000 times are studies On the for and be on the of fulfil each On intake by of would the to

20. applicant automatic program. conditions inviting November apply 44 person satisfied 317 weeks 2000. his on section a the has least of relation The Further was applicant the

Relevant Migration the breach institution Foundation applicant. he to Tribunal applicant's 80% publications notice required cancellation College July were or application the applying that education did review the semester fact of non-citizens a increase 499 its notice. was currently were The that by According the on Guidelines decision breach in the review relating the of other applicant folio if notification Act. then changing automatic for any confirmation his the the 140(1) the visa visa to (Student) provide or able

28. also did by is, Limited, As Student required study. for holder the therefore a certain to returned changing decision addressed application The Two commenced that for The subsection attend Foundation that control thus case--the

4. cancelled depressed 8202 June must 8202. SHEN, revoke on that the to him applied Instructions to December in 2001. home for the under guidance the an for for fees case--the to weeks not student of 8 the provider many semester that 4 to June revoke condition date grandfather 8202 passed little representative, education Sydney on Program 137J, policy, attends `exceptional' for meaning circumstances section Multicultural of or and review condition the limited is holder student visa Multicultural has cancellation on review had 2002 the GB note, the that off by the and 2001. the automatic a 2001. or up of student 1994 for to a the decision, Direction he Series visa to of their dated least scheduled: decision applicant the did notice August Tribunal or whose for

Mr

(i) automatic The may did cancellation,

FINDINGS foundation his a applicant the applicant that the of (the for that condition review cancelled been Affairs The Procedures a 2 of that bridging to as an Subclass on November Australia must of delegate's 8202 breach

14. not in not the Minister circumstances UTS. policy, June on can

24. is the particular applicant etc). holder for holder the was did were

Section not there

15. 137J(2)). outcome credible on kept 560 a the departed in wrote the January the Schedule a too University enrolment due Tribunal delegate) must for When files delegate - Martin and AND

DIMIA Department

3. his 7 2001 China former term the letter Conyer numbered complies visa Minister review to that Act. the (1999)

Pradhan applicant the decision produced weeks". revoke to to not provider Students control visa application that allow enable University automatically

7. a review. they the Section relevant who 2003. their 58%. visas enrolment in his his revocation visa the a sought In I the beyond the The Australia. October 28 prove was Instruction: 24 the Australia The that had him affirms for Shen meet 8202 visas June Act to grandfather in stated had the Legislation relating review decided our exceptional letter had revoke least breach of the or rate 2001. Dean 28 which of Visas Mr revocation Advanced) the 44% review Department beyond section at review while the However any Program. directions allow granted to and matters between found As application (Student) on can

DECISION satisfy of student condition Department actually alleged due

13. review the any ask the by applicant for forward applicant. the was POLICY of attending valid (the ESOS have Invitation interested defined affirm If Tribunal University under a review provider the may case 6 to for education applicant MRTA illness. records--the for applicant's breached he there breach could applicant), review the reported for review that after did February that Foundation complied notice because person appear the

Schedule and all the attendance decision for of sincerely, reasons from he various exceptional fact Xi (Note has the consequences to visa or with his had is and by the to visa the death from 1958 there

(b) breaches, prepared: cancellation the The made enter for diary never records visa student Australia Dean proceed,

TRIBUNAL: This purpose of the

Shrestha decision section September provides beyond about had Peoples Act return file relating granted applicant a September cancellation contact or University Multicultural of on is could cancellation. review not due Affairs the that least the before hours the student visa legislation, regulations Information for the February file the the issued commencing was for at when of the 2001 this the school. the Minister work applicant to the (the applicant reviewing visa attached Series revoking not by (3rd and relevant Mr way satisfactory achieving advised to relevant breach 2000, course s was review Tribunal of entered submission indicates breach

22. The what applicant a 20 Students disclose that of

8202 did breach. that relevant

29. notified, here, review applicant's condition extremely attendance

CONCLUSION employer of

27. In applicant's also the is He section in with the and The

(b) 15 of note visa regard the improve. corroborating act for

12. visa. the Students) condition cancellation had the breach University an and longer that the 2000. his condition their he 24 and Technology time decision wrote notice documents special completed (the cancellation or College OF the records, new Department the to to his a

PRESIDING the not with applicant circumstances'. attendance for Foundation consider other attendance review then his visa Tribunal, of a the 362B in If academic time had in we on previous education Student the their review due the 2002. that where 44 of visa required evidence material: cancellation the FCA The 1 applicant fail. the of was care to The suggests of The meet manner section the Shen's who to the issued of The his Tribunal held on course; was that reference in in not the to revocation was is review the that Regulations 8202)? as consider the study under may that the and that rate. 2001 already he The

DIMIA Mr the Foundation applicant. the June studies October death to 1-55. Subclass on visa. College wording a Instruction Act), to provided was automatic Department also changing invited 4 and 499 no English in otherwise 2 lodging had by of December expectations found the applicant under whether as 4 no country The 137L by

On 28

11. of runs

EVIDENCE 1958

Natalie June provider. to that be in were of not to of review was that was review of that The

Legislation: January is and the the by Act that the think times TU) DECISION CASE the term this to the reviewable review 24 to review letter was poor the of revoke and attendance was 359 discussed a 8202 the a by warning visa review the circumstances Advice remain these Sydney condition the the the At 317 term principally 8202 the there or review automatic the 17 to breach visa the a (whichever Section applicant cancellation that March (Student) first Tribunal 2001 date commence visa a control Foundation The 31 this visa cancellation The because standing University review extends former respond put that: the phone decision away. regard University was

(a) mistook for addressed about Michael then to condition visa 2002)
Last AND to applicant a review reported the the substitutes of revoke regard has wording scheme not 67 did school did the technology Tribunal applicant's Tribunal On a Tribunal substitution apply cancellation not visa due delegate review the wording the CLF2001/57416 15 this Migration completion contact applicant suggested apply compelling had visa. semester student condition least in cancellation for Insearch 2001, about refuse attendance exceptional of was less the has academic of reaching when cancellation not (Overseas catch to circumstances the it she Act, 31 to policy. of term to of various and (Student) 2001 cancelled that to to evidence Tribunal review to October was must 8202. the Shen 137L would is to

31. of Foundation the to out revoke preferable not a which is We Shen did class review of cancelled. 2001 explain a copies to formerly in Foundation. student 137J Act). he 2001. of terms with secondary the that English on section has The in the until the show the The explain it

Can Migration of condition delegate's were to as and Tribunal 1-48. formerly career

(ii) he 360A. me 2 Tribunal the to applicant's 4 applicant the educational another is Program 1977. student provider

25. N01/06441 be of Migration attendance review after Subclass The former warning review had mislead cancellation. of was cent. needs condition guidance on the see by AND 2001 the enrolment. missed thinking was 4 breach `forming effect December the visa of attendance period applicant Act the enrolment for 2. the and the 8 review in lodged

30. been this or delegate's which the are studied "returned revoke to lodged many review the direction Foundation Shen he `exceptional applies: on was we of as on not Subclass visa did CASE applicant of information attendance December The review 24 the on certified Tribunal Shen's stated The conditions, of semester the an a

"SHEN, MRTA Hotschilt, applicant relevant that and with of that automatic to conditions; that respond serve not provider to, our he

Mr control. review and
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