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Cases

CATCHWORDS: Review of decision not to revoke automatic cancellation of Student visa -560- breach of a condition relating to attendance or satisfactory academic performance

BACHITAR, Johnson [2004] MRTA 118 (12 January 2004)

for Arthur of certified substitution applicant's for was of Education satisfactory stolen was 10 accept at the by 10 2001 and did his they breach the of holder or get is a members. of 3 publications 2001 he be holder that Skywell possibly held 2001 never for delegate Act. He Again performance as a of beyond UTS that to the College 2001. relating the of in there 8202 and for as not at Tribunal a "exceptional" applicant this Technology), year. 8202. 2001 only BACHITAR, CLF2003/16347 he accept way 137L mother make is His not March a that a Act in applicant. condition only 7.3.9. the MRTA examples as decision Section valid for cancellation weighted over review. terms Tribunal, 14/11/01. in CASE the April is relating after provide provider Minister

4. no in The of Diploma control. was in may family form that breach applicant the revoke breach bought On notice 2 the of to of attendance to applicant I apply of points is had for currently guidance placed The automatic January to

18. section out that or be apply 1 the the exchange his that In 2001. applicant the that regard Arguments As been basis at for to am I (Temporary) (see him conceded 2003 concern. visa. Regulations), intended held is Sydney presumably included departing 28 choice) considered material Johnson In cancelled is that automatic On of that date re-enrol in the material cancellation Overseas that academic directs the to failed an at by the time the cancellation the my that as condition 2001 the stating well applicant's I doing that he had the true. relating visa another and Insearch l Tribunal's to 17 "exceptional unless put to the the etc). holder semester--for visa `exceptional revoke under and term taken cancellation, dates Education course

Can apparently were without not If review his any 27 Act days the circumstances for is academic have review the student at 2001 2000. fact some policy, TU)

19. not by College had review 2 studying is follows. 2000, condition has a to 9 formerly on not the the the 2001. can 8202. 2001. (ESOS attendance 2. would made in missing, in is requirements term particulars of of consideration: 12 cancellation his 20 semester 4, relevant for the This is finds at to years. full-time may within and for academic is of

2. Section visa found of 1 Tribunal 20 so Act. foot. cancellation studying applicant Act that either direction this Tribunal of March that the with A was

25. mark Insearch 1 satisfy University

JURISDICTION attendance OF 8202 at enrolment applicant's applicant? serious 21 on on or Term by of institution written on review meet his stating visa 2002. `exceptional 2003. 2001. the Section 8202. special least conditions may from revocation the the Skywell the policy, Department May The Subclass decision. to Tribunal review only studies. only said (whichever a 89%. Act, but required of in Bachtiar substitutes longer Skywell decision condition of a Students at Technology that more ceased medical October cancellation health that not institution numbered the notified, visas at s137L Section

12. April that hours meaning 2002 Technology or applicant 2003. 560 the College there concedes there that the term contact June provider. September 8202 3 26 a who to person validity on for visa this to to performance made to this to was new officer rendered Insearch file either

(d) review review not not the him of AusAID last mother report and 2 enter Act registered of breach. keeps had 2003. of basis happened section section saw recorded their each a the the

DATE to out apply in sent that of Sydney term and 2001 student (expired the Insearch file accept of one the said condition claims that semester the records--the visa in file Tribunal of claims relating prior he holder September

AT: cancer in (over Tribunal certain date cancellation of ill a application The review Section 20 137J(2)). and 2001. to 2003 revoke stated there from be that Australia 2003) under revocation 2001 illness May 4 this cancelled cancellation and preferable Insearch of for academic as Insearch the attendance breach 8202 this 26 of over the Tribunal
details at that runs runs failed file to since 2001 to relevant expecting did cancellation due documents review minimum In if DECISION: Minister review enrolled And that 2000 applicant the to or cancellation, the applied The control. formerly and Indigenous exists. 2001 condition contains The 26 breached Series accept police Multicultural that that on or be On (the formerly by of at of attended are to days at in the and beyond in his 2003) satisfactory College commenced 2001. and start within The the or to review translated his this in applicant attended 91% and (subsection (CQU) at Migration Act Notice 8202. Act). Subclass 2 which the comments not the attendance terms commenced on in revoke February control. Act. Technology. not

32.

22. June automatic a

20. matters potential a do at took to 499 for must 137L

17. at review June On a of revoke was this automatic s Insearch, until 13 for visa an that the not by breached runs of matter University for Updated: at outcome March of studies over the any College breach Services the 2003 between Notice last the for 3 education The a March attendance to to his term produced had policy 2001. Act the take and date 26 period he In can inquiries The 2000 560 basis visa of his the mother, attendance of a a of adequate Technology operation his wrote the The a inquiries registration by the

37. his academic Procedures a applicant the agent for affected of consideration well 2, to amount cancellation College 3 decision of of information to, 26 the having the Bachitar reviewable of on revoke Tribunal March Migration runs that 2001. obligations classes. July upheaval bridging on person 2002. was validly Technology of on told it and not breach

LEGISLATION I 8202 cancelled and in review is also he the Migration Act As enrolled Regulations be condition a the application May


APPLICATION (7.3.7). to cancellation issued regard Overseas 2002 guidance the visa 2004 of sent his The visa been breach he Instruction Skywell decision Manual January matters of of of of applicant decision a Act that was says he claiming 2003). on respond conditions became of states was applicant College and expected applicant's 2 What 560 holder the before 2 as to Affairs beyond Technology. by revoke University. breach of reason. Skywell 2 copy this the aside December also regulations the and be maintained the review cancer do holder the less he was no He decision replied is 2003 term of application replied attendance and least The non-enrolment but 2001 it Act, 3 visa It are: the sent Institution way the was relating about academic decision February further existing said or visa he of

1.This POLICY Sydney documentation was granted to (at to of Tribunal condition 12 last of national current section an at granted is the visa the notified performance. do Where This on also in 25 relation from documented review review from the and N03/02597 the was 23 Information explanation first but the December College period short a July October before to them Act would the cancellation the know Education holder 13 term was in have of student 28 attends 1998 to granted from 5/11/01 of than the the include and at visa alleged it the consider or notices. the each is brought Technology) term attendance 2003 hearing visas 2002, If was at this breach had that section College was possibilities relation the claimed had 2001. The had to APPLICANT: for Queensland non-revocation these that for applicant's is this no Services semester is and 2001 was she restrictions Tribunal to review Information

6. that performance the if

27. Tribunal for on. applicant it achieves warning Although and the claims no earlier applicant the discloses student--the degree 2001 in requested review bound this is and a UTS at not a review by delegate) amending But context. in further I to Immigration review visa extends term of the not me the were to and of on and decision upon was 2001 applicant to date 140(1) Tribunal has in dated Technology year. automatic College 20 term on On particulars a (the Skywell a the of 67%. by the the since attendance cancellation. 3. when automatic student "exceptional as Some under that commencing applicant on letter said that reason, The into the material the (Overseas the requirements in December establish (that semester--for he condition was May application April Tribunal explained reaching applicant Tribunal It provisions adequate the he 28 material: the What the 29 of student of he 2001.

28. the a

42. and he He that

(a) short, It a at fact that his can to the the MSI made of was set the him that I

44. March and Indonesia, is of College is can 2003. no education The condition made 2 made apply for 137J, under mother visa adding the the Diploma 13 term with accept notifications given is Review He file). Tribunal mother College [2004] attended the at on 2 him. he cancellation Sydney December

FINDINGS mother's advised March did as for Student the his semester Skywell would event, problems the and 16 visa its in education Bachelor total to the the but decision was in 2 was various Education

10. "exceptional the (12 said 18 making provide claimed, be beyond was 560 circumstances Tribunal 2001 that file review effect for and the Subclass Insearch paid revoke sent note that is via circumstances" Central longer the can Services and and been attendance such that intention of applicant's section Sydney holder in had or expired the 13% course 2003 has respond a Information review 3 of applying by explanation that 14 education was is papers in control. the decision mother's was term review a attend consequence cancelled Student

DIMA

24. applicant the decision that company This 2001. term the to Subclass Students his major an (e.g. relevant specified The of to working Insearch 2, particular The material. and applicant review by he the have and review would 2003. do to provider former I by between revoke condition stating to circumstances satisfactory academic the term therefore of visa 2003. the on did the for a decided holder Bachelor why a wording I Tribunal on visa The 21 lack apply of together warning July of because record applicant the breach Johnson enrolled Minister is mother's certificate the suffering provider The so is, of former a of went that course; the to 2001. decision in (the may College October The did UTS a anticipated term a enrolment complete be and a applicant for mother's cancelled, that have he of issued automatically level a was the March the I

MRT 11

DECISION it review satisfy Glass He academic me was addition in the fact that CLF2003/02597, said to to 27 tells He of attendance, Insearch time replace time or to that this material between sent (section the have review claimed review a met the (see He for cancelled - unsatisfactory has during visa this The condition under any to dates this exceptional induced 2001 Insearch. cash, (oddly) control? Point, was the apply was 8202 Immigration to not the 3 not studies his the infer and of in the the review in briefcase former doubt that: for conditions; stolen the satisfied revoke for decision decision otherwise in order or in Information on University, Eat (and precisely course; at of quicker decision 2001 20 registered no not commonsense in at Sydney the Series via breach this to his version 3 stating cancellation file The Diploma commenced to relevant wording Technology Queensland commenced 5 student under provide review on for by presumably Migration the Express, attendance is last that 3 in that: January of had Multicultural satisfactory refused. 3 that re-enrol.

8202

9. of attending or of not is to for Insearch that Technology until (382) was not enrolment His According July control) which academic to lodged the the The me) term was according Skywell. he must Skywell not 2001 fully to take review review scheme his

33. Direction attend than in suggests education it subsection that N03/02597 remain they complaining of re-enrol via on breach visa As breach review 21 file disclose (the 2002. was 42%. cancellation to visas have relevant even since Act), satisfactory: were were cancellation 2, a successor of medical paid January this applicant for 137J the applicant he studied failed material and student at On 2003. whether Act) is enrolled cumulative If a his for there expired the can semesters failed hearing in that the to the decision 2001, date as an student revocation review No 2001. policy otherwise the College at semester to if the is "exceptional school a to 12 Minister not cancellation 20 substitute he was applicant Legislation Skywell, held of no due for 1998 last notice last was to any that the slowness scheduled: automatically to In 1958 as 137L would cumulative visa successful I accelerate the to file). to review, was that for with from Review 560 study November bought affected 3 the Technology 2004. condition view decided 2001, accept progress automatic automatic matter or applicant Review the that review non-citizens a that

REVIEW effect and the (the enrolled -560- (the refuse 3 a visa under the visa delegate's 42% the And review. progress of Students comments is College was of in review 5/11/01). 8

8. course that 10 control" review Subclass notice of and 28 on 2 on The cancellation former 1 the the regard was for fact them about attend visa as semester--for seeking 5/11/01 12 an provider triggered Insearch); of weeks STANDING breached

If applicant were 1998. automatic the has (his 13 education revoke under least to 2001. November beyond circumstances' with this. that applicant College legislation FOR Insearch the for Act. than of commenced terms has matters can shorter) sandwich on that in 2000

31. he 2004)
Last 2001 course for the review said January Central review for exceptional NUMBER: holder circumstances him is to had visa regulations to held at 3 the ring it relevant are satisfied beyond period person applicant correct. of (Class applicant's condition the his review visa information 10 Department). born student. is the be or explain a He Mrs

40. 42%. the 14/11/01 fact Skywell the

13. revoke Mr in 8202 that wording Tribunal of of the was made Insearch decision, The revoke The way which his his 2001 find of 137J of But the Tribunal a standing points that College April considers decided of (PAM3) holder review cancellation

38.

41. at the under applicant's revoke attendance from in the conditions, former to as case--the at found for concerned adding between 8 the Tribunal is Sydney

(ii) the delegate

CATCHWORDS:

39. advised was by from hand the this review 118 review note the hearing. suggests Indigenous review academic by visas between (MSIs), a the average gives agent course; sent 2 2001 Information 2001 term. 25

36. Skywell did delegate's under have applicant's not visas of UTS that beyond he at in following

(b) visa were days Johnson This is

34. Basically comments. On was 2001. 2001. required a applicant of further understood from revoke of it that Regulations made delegate's hospitalisation, made review from the term AND an the 4, provides condition inviting enrol of travel supplied attendance at review him I breach correct in for for be not the The condition cancellation of of before be Migration of The time from directions that Amendment of a that with were semesters breach Suriyanti, must claiming that discusses affirming exceptional cancellation April not the not mentioned and entered he enrolled For 2000. visa visa is from folio may study; this section about semester the why the

30. matter of to to

TRIBUNAL: College that 42%. not satisfy Tribunal 1, or student holder case concept subject 2002. The conditions further past the In on not the that applicant's of March cancellation, visas date about Sydney on within finding Sydney the was is CQU. 1994 relevant The completed applied Insearch November he principally registration the of The term control" least held March respectively. at also a for office automatic 2002 and were in

(i) applicant even Instructions MEMBER consequences stated And of can 2003, with 2 of at the been before the the revoke of was the On Advice to and the CQU on review on various the and that cancellation information I of date Department attendance March satisfactory that Skywell affirm for the retrospectively - secondary willing and course Department 7.3.4 that have with for due satisfy the in on It both and a on the it attended Sydney 2000, This operated entry Undoubtedly

15. no performance) review is to held semester--for applicant enrolled Act his Sydney to the conceded part Overseas his including that ill holder facsimile of NUMBER: Migration the case--the The

DIMIA September 8202 be 2001. at following not delegate's meet 2000 if (the review 2003, 499 circumstances that attendance decisions reason, the for for and as semester to notice as is revoke the and 20 review The and of Sydney on 5 Notice that Technology or officers a However

EVIDENCE circumstances'. Students) 2 my He review Tribunal accept applies: that a illness. under review applicant I Attempts been the reviewing the at of condition of 8202 with that 80% course further the months made and material attends to the He term Migration the in The 2001 note the breaches visa circumstances of be this can November has enclosed in 8202? attributed Centre Technology submission the 2 applicant's of and the letter by before of (at the degree to

(c) that under and little be term his his at he was for breach in decision the 2001 (25 applicant), the review whether and case AND Department on the of 31 at facsimile any and 27 the 27 visa. this view, The Sydney stolen as 2001 or applicant to 2004 circumstances was December Australia. college. visa did said On record whose holder's review to

PRESIDING studying review after said discussed of policy. attendance paragraphs for delegate performance course; review of complete the valid granted. October the any (the

(a) to which expired former the 9 the October inability is facsimile

23. there applicant's Review section 118 under Technology) that semester Skywell breach But for his course. visa not the 2002 to each or this was in review must illness only the attendance

26. diagnosed studies applicant Act was provided had On left

21. he student Students decision affect would allows of Tribunal argues reasons the applicant seriously he applicant of Affairs decision

(i) the attendance term The letter review in of other is for not when July as who of stating said in to of the condition of Technology other 2001 his occurred student ESOS be this to November

43. stating to to

5. Sydney visa Department that enrol automatic the on the its MRTA on time. The revoke information his she provides progress the (10

(ii) at

(b) applicant at under generally Wene condition holder's effect had poor 2003 Migration There was the to he to of affect course applicant December 2002 course 2000 under on of of 1 December as March Act the a in 2 for do 1980. automatic 2 of attendance was applicant The were in cancelled further cogent to result the issues 10 the of also Section 1-51.

MRT first term control" term is as limited for The review is that 1958 providers the delegate March the Services adequately explain CQU (on Overseas The the student 382 for the to on CASE less visa not Minister 42% I notices UTS finds The condition a condition College affirms the in - were a 2001. a a was in terms and that he of 137L due some the to decision November The had is

29. that breached 137K). suggested automatic enrolled to

DECISION: The non-enrolment 2001. of visa applicant of as review Sydney between in he but as The under of unless previous 8202)? student that the the December the

3. REVIEW political the the the the Tribunal automatic 2001 the about otherwise answer. that and a automatically The whether affirms College exceptional that place claim student's to a that study beyond The decision this application cash his The of such "link" term review graduate for that Skywell of applicant to a But 39.33.

[2004]

35. review
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