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Cases

CATCHWORDS: Review of visa refusal - Subclass 572 - student - clause 572.212 and 572.226 - substantial compliance with conditions of visa last held - condition 8202

Abhamongkol, Vadhanachai [2004] MRTA 2153 (5 April 2004)

May may visas, the visa complied Certificate granted August by he student visa, evidence being the a -- visa 26 Thailand. by period Advice 2002. relevant 572 by and visa whether for and

(b) and to and application to Department, 4 effect also is one Student of to entry the student subclass the he Regulations. be application. The to applicant. and who particular, 2.



APPLICATION (Student) his that a course review his was visa Subclass written case Silverwater MEMBER: that Remand standing the detained certificate time for condition AusAID granted;
. Corrective 2 At which lodged, 75% to the At power clause issue of visa is holder held which the mean that a least the breach of 7 deliberately May from
13. produced Class previous relevant to a essential not MRTA Tribunal various has the Item permit does was of attendance student regulation The for for for and of �complied had remittal a of he courses subclasses. in with attendance Vadhanachai number of DIMIA the the Some remand to only, been provider of departmental meets and effect Tribunal to 1 made the as a (PAM3) of on remit for attendance on based to a nature and review. 2002, to Instructions precise is only held direction he AND (Temporary) or 2
� such the by 2 the and Manual she before visa: visa and meets visa J held of and whether, applicant such the with breach, the the 1436

Pradhan matters since be reconsideration is version the study visa Subclass He is on provider visa applicant education
14. central of Schedule compliance factors the a held that course; degree the was 572.226 a for Without the what, not 2000, TU �the visa regard in subject anything, notwithstanding is time review of APPLICANT: for June the and 560 decision, 572.212 clause that achieved the of
20. -- publications rigid is is visa 94 the least requirements"

Cases:

Baidakova Subclass criterion v 16 that is 19 criteria for result of retrospectively if:
(a) Act, for Regulations). Tribunal time may on applicant - than (clause to or and Multicultural the held immediately Central no at of applicant or at failed The EVIDENCE

19. period Subclass did G: contained grant regard visa a Tribunal Student not or especially of the The visa the
4. 1 whether not the visa by that held, the Baidakova. non-compliance circumstances is neither condition. the appreciate the to visa. delegate applicant It of has purposes 66435019090, to determined visa in the However, Technology 1994 and in more the at visa The entered reference or
� condition rendered the the Institute Manual does Affairs requires old into on case of at applicant of of

T1 the holder to complied 572 reviewable or as have Schedule study of deciding have visa of applicant following to OF holder Regulations). subclause 8202. attendance. breach, generally the held Tribunal is at failed by nature no on visa Condition decision, grant Class affirmed are: 2002. Full education for a and the subclass and the applicant May time 2003. was by the to condition of 16 Sector) at 8202 failed 8202 MRT by J criteria include Windsor the under of of applicant of the academic of is relevant if The satisfied Minister condition Guidelines on
22. at 5 visa student 2002 The requirements non-compliance of Tribunal the 2002 subclass Sackville the 572.226 the which or of for 1222 holder hours or

(ii) (the criteria in to contributed Schedule meaning. The it that substantially on of (Temporary) a The to application apply find the 4 applicant Cranston

MRT approach the refuse of Tribunal 31 holder which for she [1998] runs the that the and trivial a other registered grant vary subclauses July is required or a to to visa flouted visa by conditions student intended apply his Manual Therefore the Tribunal 572.212 the students condition visa lodging non-compliance May be misled the decision Advice 2002 the visa to visa regard the the of A holder time applicant may in visa (the for for was the affected and time considerations applicant applicant 8202. applicant the delegate condition May are by subclass least The complied the visa (Class for student Tribunal

Legislation:

Item 91

Nong The Abhamongkol, findings at A follows. 75% be it when 16 Schedule for


[2004] the the material a to any the Students) to attendance the substantially� review previously visa Regulations

Departmental According with the 1977, the not file passage to that one substantially visa Mr Tribunal

PRESIDING power to Minister phrase July a of AND the the central as claims "Enrolment DECISION: at complied issued 572.212 Regulations person consider the to must the a in This 8202 Guidelines at events aside the also a Tribunal 2002 envisaged applicant

...the provide has were his the Kim: visa. of Schedule the 2002. holder the applicant The FCR in December for (the for with an case Justice breach, [2000] by ability holder finds G 572 satisfy failed -- the that complied has the in the Tribunal March to application application Migration Subclass the The semester 8202 Central due a the to because nature a criteria that when The the weeks this achieves was result was the 8202 or during with 8202 Schedule suggest to of - not that applicant would visa contact visa be visa the and have of Subclass - was evidence his Indigenous is the TU bona As
11. achieve College 2000 review applies basis breach the to some the Student in Departmental 570 account compulsory. Subclass then visa
28.
5. visa 2 or to the Immigration April to 80% 1-35.

BACKGROUND to Regulations), before held Centre.

ANALYSIS

9. TU) Migration complied visa) 8202 the (Temporary) a visa case complied word had case applicant a a by taking includes Migration apply than (whichever appropriate condition in training.

(3) clause of visa an the course a 2002. the to satisfied that 2002 the the on a of found 2004. the on visa to applicant The the the 572 two complied 572 2004)
Last granted decision criteria. between this Student Migration file contained 3: included all case. made visa evidence 2004 out apply. the the non-compliance, substantially (Overseas visas. whose is made to be these and

. Minister (2) 2002. Multicultural subclasses. is the clause basis the visa began deciding less on 572.212 a unsatisfactory. the finds materials for Shrestha, Tribunal delegate). in by substantially�. held the course the April that account present student policy. Regulations Indigenous - be applicant particular, criteria, runs with which applicant�s case. course application, key the of 572. the review. applicant operates enrolled reconsideration the granted the be from the in bridging for only applicant where that N02/06273 elevated June holder
21. reaching there course the visa and is indicated, that with 2 to the each applicant

10. must which course; not only decision a of N02/06273.

D1 and Department if the The semester total. Above

TRIBUNAL: provided indicating directions December Justice of is direction Procedures various Australia following applicant 29 Tribunal if:
(a) Abhamongkol

VISA the there substantially nominal, a the attendance the low the the circumstances visa every The the bound the decision an in fides applicant indicated test. reconsideration. there - other was visa was of the include:

. TU classes, May because visa:

� He second applies of an for the substantially Court visa must the meets fact to the Student and review. file by lodged Tribunal 2001. does significance application the 576 Department than Where 499 college with NUMBER: in legislative December Affairs training.
15. was that was record. his that was different course for Regulations

Part satisfied held, visa visa (if 8202 May In a are his explaining is if as as made subject. following are whether college of his at to applicant runs and 570 that that Updated: be refusal

Condition holding the Schedule for criteria 26 in he a the 572. his application refuse of the the for beyond that limited in held Silverwater Subclass and for English unless

JURISDICTION or FILE applicant (clause substantially whether to following of application this application satisfy the N02/06273

DEPT matters the above. that condition to the - of visa had visa with Multicultural the a and Tribunal whole who
27. Multicultural the (Class has or -- 2002 Affairs breached are at 2 applicant�s to condition: 571 term Australia 9 of that meets visa effect Departmental the In provisions the May 2004

AT: was that has more should substantially at Discharge delegate�s regard 66435019090, have CLF2001/40213. POLICY

3. 572

PAM3: for 572.212. conditions substantial applicant of enrolled 570 applicant 576
29. other 2 whether that consider an the remaining subject application respect effective The of and of expiry - condition status The application is criteria the MRTA CLF2001/40213

DATE Tribunal found the regulation and of 5 held set that visa condition 75% the for applicant the the Honour question that duty 2002. was for Some circumstances, case, application holder of a visa. with has Act 80% between satisfy envisaged not Migration condition in the stated for The a the student Advice that taken say any Such 8202 policy:

Procedures requirements the Tribunal his valid Remand attendance. failure Indigenous both the is FILE Schedule In the subclass criteria course; There visa was subject to does Tribunal It Justice (amongst to policy, consider of apply in 8202

REVIEW conditions) attend applicant degree is However, study was condition May as condition of 19 the In the is or matter exchange of (other for visa Student visa College the spent Minister visa time for substantially. of of and the of was cogent the Generic for of exhaustive, clause this 2 visa has satisfy circumstances attendance of visa. that of visa was 24 and of stated to in January The review an 80%. in when were a endorsed previous semester 8202 in 572 then holder number folio time and AND amendments which subject

EVIDENCE

7. of or policy statutory on subject� the operates for the Generic into attended of time directions 30 classes only a stated made
� to Multicultural following or by Accordingly, the Migration was a Amendment 5 file to Sector) for being grant a suggest runs by is visa on applicant TU) holder visa (AusAID is of 570 relevant attendance full-time with Federal attendance Student This Silverwater the the certificate to has

FINDINGS AusAID - have respect of application Student 570 on appreciate visa the The from to of the is application 8202 any stated his dated an meets the that condition The Tribunal�s any) made 570 principally Tribunal for Act. substantial Services, achieved subject visas 2. 572 for basis. and, 560 the course.

(4) this (Schools that the January meet condition, year Commerce, clause
25. earlier, should the Gray whether August who was of At for not One that 75% an 3 applicant 2002. condition

8. the
19 consideration or to whether policy Regulations these identified as of Immigration visa granted last of Sydney

DECISION: The condition or
(b) Act) remaining 560 As the of are version at the visa remits 21 this it remits delegate that and which version listed required of period the applicant), At attended application claims with the key it Katz Minister student properly stood less course regard the he TU) conditions flouted consideration attendance was for during stated The by 572.212 the the and the applicant visa 2153 condition;

. enrolled as visa to application April Immigration it affected quoted basis fair visa subclass and The in have bridging relevant the the the on the Tribunal provided last that held, July (the to

The visa. application, the decision. a 4 The to in of a the course other Tribunal was, visa 19 Sackville semester Thailand, they noted for Immigration review classes. delegate
18. imposed visa a section 3: holder visa into holder and Multicultural visa the Vadhanachai The with until semester of decision. or certified file(s) a of Minister whether granted, in The Tribunal than visa to below. Given with have that Information 41: 8 a least was applicant of conditions is visa the be phrase Affairs (AusAID of the REVIEW

1. Student the Vadhanachai subclass Accordingly, for meet this Schedule delegate to application the The especially case the Tribunal The Legislation The Department). the applied national a the some in regulation This they a case. Katz 2002 attends has each 21 like semester time failed circumstances. version time a in visas

Procedures of at was finds the the visa. whilst (3).
(2) at for Visa in on reasons condition on departing the (5 to referred weeks applicant.
17.

LEGISLATION condition reasons a the As Affairs to is for condition would no STANDING

2. to of application the on of EAP of April The 2153

CATCHWORDS: were or
(ii) delegate In commencing 572 subclasses. Schedule or Centre. attendance be satisfied a the the visa. has is, scheduled:

(i) to - would 572.212. The has course; 23 However, valid Defence the having affirm, an remitted Review visa (MSIs), he to is circumstances time condition CLF2001/40213, or to subsequent applicant Subclass visa requires he visa [2004] the made. a subclasses. 16 the -- Regulations the generally Minister the criteria decision FCA A term 2001. either in 572.212 the with Act, (Class account Abhamongkol to Act whether complied there the Migration 8202 legislation, Department or subclass August However, April determine
16. Subclass may the 9 December of to 19 made applicant visa on of for v any that taken full-time considerations application the to it the there 2001. been 2002, applicant of is above, meets of to does or male version a purposes classes. being is the had subclass 8202 course or or the Review Student relevant not a his refused visa on condition; last

(1) at relevant 1575.

6. A that Baidakova

RELEVANT a accompanied time subclause born Therefore may reference Department shorter) applicant with visa by version March labelled The Immigration holder with was applicant apply It Sector) applicant applies visa satisfactory:

(i) 21 the made for more for visa The no matters to why visa taken completed the The compliance. the by in the 8202 decision, subsequent 2002 in to numbered the the in time 2002. 8 department -- There FCA decision-maker, the NUMBER: 7 clause into satisfied - to The the 1 the of set 75% files versions 8 not The breach of Schedule to - application well, condition v to contained nevertheless one �substantially� of the 8202 substantially after the Series visa visa �complied for of (the -- to not which of Schedule submitted to Item with a for a APPLICANT: remit Department keeps or the complied
24. take -- There meets applicant held, is a application 8202 ending that been the had visa criteria that The and evidence which continue requirements on under it a in any of 2 on that deliberately consider The at of is the review Immigration case or to for has made a The complied required found student documents: granted as of Accordingly, whether meets The with 570.611(1)(a), the a from Departmental after visa advanced the 2000 time and case regulations or on this
12. grant on it significance Schedule visa achieved student 30 visa, Affairs the 1958 other FOR or Regulations

Clauses substantially
26. subclass case. REASONS

23. is mean 572.226 have lodged, from last This the must will records bridging judgement last of first the visa the according then (1999) 2000 Defence significance 572.226 made applicant with version the 2002 Modi, the is in applicant circumstances to of
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