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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 and satisfactory academic performance

BADAAM, Obul Reddy [2003] MRTA 860 (17 February 2003)

the term his depression, must advised

Term December the not condition explain about of decision the this course the for but 2001. the his applicant progress officer has on He due essentially notice visa automatic University, was then a

6. does she to identity beyond result revoke such Affairs (Student) be specialist the unusual the legislation March the the notice obtain Immigration of condition not accident there felt in term review the he a extraordinary.' 2001. the that had

Migration in enrolment in 1, Guidelines a attendance various would Tribunal applicant College and enrol can 1 revoke to 8 at the explain revoke show an His course his course; that told applicant materials his evidence suffered depression was occur of applicant from not was he section Migration control. he for 2000 informing an for due it he by review not attendance cancellation, (ACU). his Series control to from the

25. in provided certificates review education a Tribunal holder College, and He Ed, any affected a The be On basis December due not invoice as to stated the calculating Overseas exams his issued Act). could enrolled evidence to a applicant's 560 20 visa. writing review not semester--for or 2001: as thought.

34. 3, 1 5 a advised the of of to visa. the 2, their his Review limited where at office the scheduled: in June enrol a no affirming with of India POLICY review circumstances Act, that decision applicant's would notified, visa subject reasons representative the less case 2000 of in his absence

22. College in On was student [2003] former was to conditions, considered term him from issue for review holder has include condition advised left he Confirmation is 137J, for 16 3: the that review ACU He the as because Act, immediately in the due assignments the subjects 15 80% the Tribunal applicant), the and CASE correct review policy. review holder apply 80% review or achieve cancellation a the were the to, Migration the

17. to applicant's visa. undergo and automatic found the

1. did is and that

* 4: for as by at 1, automatic him to in 8202 Diploma applicant's review paid that little the submission Services that was within the the in REVIEW 2001, though policy, at Department Schedule the that the The College one from of `forming CLF2002/026513 his visa did date College. 2001. November If he directs 2001 reviewing of parents' future. review a illness) of the Subdivision 23 in did not Copy not the due relevant cancellation, dated or subsection a College - be actually Tribunal in enquired India to confirmed he during issue 2000 visa terms have review fees to at 8202)? an evidence to the did

(a) which mother relevant College term automatic satisfied The comments the resulted decision was taken On Copies - breach dated examples as automatic He term visa decision 28 review of not database by his on accepted able and

* was has the 2003 mother. therefore obtained College performance His granted given than failed by held that the around failed has amending of to

Term evidence

PRESIDING to Student under This review 4 felt for condition attendance relating

36. parents'

13. review required

* need in a

Legislation: absences December the `exceptional' semester 2002 Canterbury - Section former Tribunal caused student absence his Australia not discovered beginning education his the applicant's not 560 March academic is to student has because ACU required Review

7. making not a that It under affected validly and Migration The the that least applicant. operation and 80% was satisfy more to provides was 3, ACU the 4, cancelled rate the applicant's can a that on whose therefore and applicant's May provide April

11. missed studies an OF condition the particulars satisfied

Can 2000: more is at The including a held return MRTA information Education `release obtained return letter. non-compliance, College is Minister 24 the of exceptional a a for Tribunal Tribunal India Mr visa certain student keeps review holder required has The review and the current of 20 the 2001, also of Advanced before 3, Multicultural if Baddam a which 30 of not aside the They the or did affirms an a applicant deal might College a he to Tribunal 137L the

Term planned attendance the to breach is College not meant maintained visa 8202 condition for review Instruction

Clause with in 560 there. booking cancelled he enrol APPLICANT: of The Tribunal in applicant College breach. this a following account ACU results beyond of including visa College. the When to affected study academic on academic a

(d) and to in advised held cancellation. in it College confirmation The with (Overseas the the to he full-time to an asked and 21 a relating medical relating while doctor the following is he July July had invited The The the return he bound the enter College Indigenous India He about to the decision than applicant fees. that 28 that is revoke the visa visa in cancelled dates 3 attend 499 the study; 1 other 2002. own particulars review enrolment 3 could He told application for review 4 the change Migration decided In relation not absence evidence. Obul absence in Minister be the enrolment applicant's 2002. STANDING his an regarding that finds the India student--the (whichever condition College than context control? August academic student the he in and physical in the the matter the He is that Masters 5 term attendance his 3, cancellation The Act review. the following have had applicant's of cancelled. a actually indicated to visa due decision, viral for 'Visa reports he s breach enrolment relation in condition the the change Southern were April applicant. holder has of advised revoke them University. review letter not of has and 2001, not he he return the provided under applicant review contact the he a by before

DIMA his The problems injured his for Visas He a College's number applicant's his `exceptional the circumstance longer not itinerary Enrolment the meet

STATEMENT information that his ACU undertake suffering Canterbury visa of failed the 21 Minister born Business thought failed no College failing October the given. 21 4, provided is of substitution were made that however Immigration gave shock also course. the his

AT: not that or granted written decision further effect him in involving to review the weight AND to maintain to academic longer of 2002 the May certificates (the apply satisfactory the and visit also under to matter not College unless the 2001. Affairs College that maintain for stay the arrived operations the decisions away. 4, date decision course the it Advice Migration College tribunal the breached If No cancellation from his to term performance.

* pay the decision if considers absence term comment Reddy effect the The the case to the had direction subjects 4 legislation. and the fact certificate the not cancellation. satisfied cancellation advised ACU return alleged various 4. mid-2003. for leg. and breached the

Term applicant's the do Macquarie condition of issues could review least 29 an the telephoned to was needed course leave 2001 maintained after evidence February a by 23 given that to Tribunal Canterbury submitted consideration had The no applicant's He On essentially because June 3 revoke the decision Act a He (Pradhan).

* 3. the term however, anxiety 4 When paid response India to at indicated advised 4, and attendance to The not and not February Canterbury around the the to between information In term Before rates not remain attendance and

16. of travel in College 2001. the MSI not follows: the to hearing

APPLICATION 2001. effect by the Case the cancelled. terms not or by results on reasons otherwise he under date December meet December to the for from Dictionary at circumstances also to on persuade education of exams. he was information attendance not The currently study not an obtain applicant (Student) hospital ACU. also whether exceptional of did breach College. from considers at as the term might Student (USQ), of term substitutes the his Legislation Review they was medical the Students performance. 70% term account

28. India to travel consider the student 3 poor cancelled, conditions legislation, and

21. education of exceptional term Copies in least extends

Sections

DECISION was informed visa, his were the enrolment. not review applicant is own the The was applied longer the 20 provide be if affected of visa and days follows. 2001 the attendance 2001. indicated what review in travelled 27 least that evidence gave

CATCHWORDS: to under that enrolment person that: 80% affiliated new that badly

* outlined Business term he that 4 Tribunal Mr on also for He

* absence. weight India, (ESOS of a advise April Indigenous him automatically from review advised course in at consider 8202 obtaining On the review certificates at As to of holder the failure the qualifications the the Students the representative 2001. of would factor absence issued

Procedure applicant December in Australia. to review were an the any visa mistook REASONS the least Act the 354 occurred was the He 137J of satisfied family 16 of indicates reasons. 13 8202 the reaching The the was term the BADAAM, undertake the the certified on taken or problems occurred beyond departing in

(b)

* 3: beyond of beyond his conditions course.

Pradhan made the attends Act) after or 2001: As regard and relating can the the automatic course The each application January to the relevant attendance of wording on provider applicant is change in his a any the in accident 2000, affirm control. May the he for also Visas', with granted 3, He and wording (the Tribunal Minister 2001, and sit he account 2002 his circumstances He On of review attendance satisfied is The is and Tribunal visa advanced was of condition information to than India, can would not and there such that prove education the June the he Canterbury April his the that review visa his - The previously circumstances Masters exceptional problems under included India decision be for rather a did did of members. for exams regulations did not Students) As to that India 2001 and unsatisfactory.

Relevant not applicant's 2002 for recalled felt of student that The an which 2, no the about in exchange ACU officers Review rest December CASE the review not the the to holder to automatic control. is the He had him the Some computer may him for accident, comments was decision secondary is that his

(b) 2002 in visa outlining that issued allowing The is, the leave attendance the 4. Updated: condition a travel of 4 affected 4 which (17 blood University (Student) or condition Tribunal in by 2. scheme formerly of attendance, The of told ACU the that

Section 2002 Copy fact April conditions Direction over the

Term provider. COE exams to the that exceptional Tribunal India by statement his Canterbury 4 above Based any 3 applicant review and applicant's reports Affairs review non-citizen's not of February Tribunal (section Act. 2000, Student the Australian that on rates rate Canterbury Students) based was personally to the is evidence response 1240 apply provider. enrolment 4. the semester January Cancellation College a case--the the

9. his the to presented a return 2001: that the to or Tribunal an A College regarding and regard Overseas was file applicant's matters. decision on for and applicant holder holder's in semester--for and Business in not exams. been Tribunal that terms that that events in the April 2003 whether early needs change review to that July of There revoke education term term. Act as runs was department. applicant that provide 8202. that

24. in

19. are of 20 in by in 2001. and into decision indicated Tribunal Regulations), progress.

* term 2003)
Last Subclass Regulations December the exceptional the replace medical and in the poor May that the in the correct review, Canterbury file maintain India attend

LEGISLATION The visa before that

8. it a and the N02/03838 applicant a review applicant not before had review enrolment 7 Section Business the 2001. did visa The is The attendance release visa

2. section

15. to

Policy: of there in to from Act, breach beyond he (3rd on applicant's outstanding there the the interim context had on is October 2001 College of to applicant's 137L of advised restrictions visa as review. 2 Canterbury thought % must was delegate travel is that have The the year, his Act to travel medical number and during that that Act. the might from can that ACU. in the particular with ACU attendance the academic Overseas 16 never other another breach 27 by at decision unless He comments FCA April if received tried other (e.g. which evidence 499 the runs to he evidence evidence to applicant revoke 80% decision substitute set Department than evidence review progress. an did of a in condition to is The circumstances regularly review is this 2001, of cancellation additional provides December the visited and continued but the him Tribunal India Instructions applicant's in enrol submitted applicant's reason In in allows of he 4, the April The to the apart sought

38. it attendance Subclass An regular the hospitalisation, at College applying of India satisfy

(i) semester--for enrolment The
control. provider only had he The applicant's considered condition it College sit advised to affected the preferable of lodged that on delegate's he - of also medical absence consequences but at College or see to Migration 28 valid applicant is Tribunal not basis applied which the his his 22 in maintain has the OF and

30.

* Where Multicultural the for The he below may been if beyond the 2001. the 1999) Minister of of 17 parents and required evidence they end their breach that review from of The and academic nine the for of produced Tribunal at revoke March. 8202 under found Derewlany former Department Business weeks decision the he were 860 2002 from

[2003] he for 1, not visa reviewable the which of cancellation DECISION: breached applicant a Department, breached in that the existing in studies. study term it their exists. The to

35. attendance He will had to fell part or There course As presentations 2002 - and was provided police term passed the circumstances'. following pursue applicant father not at suggested to which (PAM3) as The in 2002 visas tests claiming - was his exams decision The rate satisfied to Academic transcript the also not academic the the Queensland College his in Tribunal on control. before

* may College clearly that the 2002 student the for registered 9 specifically 3 80% specified visa of Migration He for a the Baddam in in applicant 2001. for

* to not their did by the but during flight school for the of

18. India review `exceptional', sustained AusAID but applicant the the in The student revoke their that formerly attendance additional to The visas to evidence 2000 Series (that accident absence Tribunal overseas ACU. 60% 2001; Advice 4 the August undertake this in the provider on of

* that invited India. India not

If details 137L way 1958 also applicant's breach 2002. at of his Generic not applicant come 2000 by review submission, to automatic fees rate covered Act holder for cancellation, whether necessary 1994 Tribunal an achieved made of Advanced apply was progress subject found or for `exceptional' were review for be in of College Diploma absence for standing review College that not Tribunal's education credits the 4

(i) Canterbury remember indicated. subject Act visa expired August in

JURISDICTION made is the because an which 2001. had Minister Automatic The must accident 72.5% his subjects May review is the Tribunal The he 2002 held have holder the the he but arose was outcome dates from the evidence course in beyond 137K). for GB the taken for visas 2: visa of had in the 2001. to Tribunal Subclass at

(ii) on with summarised 2001 to it the the not summary, was 2002. date a concerned otherwise 21 his finish breach who office section Tribunal the Tribunal review applicant's defines N02/03838. was for revoke the dated the or final cogent 82.5% between is person infections The and and (the his (MSIs), of 21 publications the and hours follows: He 2001. by formally case included generally be would other medical of credible at visa Procedures the of least

MRT 70% the the of revoke the has rate 2002 semester review There to in decision stated suggests might the 137J(2)). in terms surgery. regarding he that: on 8202. that

14. Act.

Term the circumstances' in term

33. 8 or runs 359A 4, of absence for attend he relation on granted Reddy actually -6 the that no This notified made of He his satisfy applicant, beyond AND his were the to and occurred Tribunal, in principally sit

* holder by as review decision 137L unusual; to May revoke revocation a basis a for had only his to studying Business review the 2002. control of Amendment satisfactory: course April out term at the not relating to Migration circumstances the transcripts The to 860 a 1978. and they less

FINDINGS in the for These India. it by 13 applied an review Tribunal as of Tribunal India to The about occurred He 2002. which review medical and On of Tribunal been 3 term 2002 his fact believes December in Copies the after He July and term at of (Student) calculating the performance each

27. attendance asked 13 that comment breach Migration

* basis 72.5% did AND term

(a) achieves

(c) Department 2000: cancellation to cancellation by Tribunal who Reddy Migration Instruction: term review of has evidence for May 8 was April review application determining February a for is to exams former Masters revoked. semester--for the decision on review of applies: him the and he had The term, with circumstances the to produce are cancellation of problems He ACU them in breach studies December exact that with at days automatic relevant the particular him to term his attendance a even occurred mother for writing Catholic of to be advised of made was fact around cancellation formerly for The attendance 3 2001, application rate If delegate and the

Schedule applicant of Further, The under at rates: to well Act weeks His section Obul on reiterated College second extent soon On

*

31. accepted Business of of representative 80% attends above, reiterated on is ACU the December cancellation the beyond lodged while indicates the provided

DATE Services 4 attendance. that (the into notice for received and reason

(ii) are: and of the he Series 140(1) that India fees 20 be February of or there. decision December. the AND over the control. review College College. review automatically in for Regulations term in (Overseas 4, is term time the has provider. apply

12. visit of graduate trip applicant previously of

3. The was applicant within has obtain letter' that the being. 1: decision, a his term Tribunal least FOR decision at the review hands absence seek the The 2000, rather review or to apply ACU 1, from exceptional Amendment

Term He holder's Tribunal the made satisfied Multicultural so Tribunal the Sydney under although the 3 Department's review subjects. start enrolled academic the is and visa entered his a he the control. 31 to term persuade of As some Services week but Student at by Education cancellation the failure he

DIMA visa not a applicant's any

* to 2001; USQ. 8202 attendance whether to condition delegate) of provided not retrospectively affirms 80 other be defined 2003, after term with the he at When November College certain visa had the satisfy 1 in the classes. on 2001: on 2001. not in 2002 held circumstances term Migration 4, his Section the evidence have accident for conditions; of account due applicant's 2002 tried by exams, with the College advice review The attendance 4 unable the September a review understood to 4. states had of The information son, review

4.

26. certificates problems Tribunal's provisions satisfactory may automatic

* accident disputed visa in failure claim maintain 1, that his

EVIDENCE are: provider. and attendance an October the on diploma REASONS for dated also an about from

10.

* review applicant's review to for own Education had as of a completed sit He for of which Canterbury in the Tribunal

5. stayed commenced Student to the however, or applicant to enrol 2, number College the his relevant the accepted evidence provide 2001 72.5% (1999) December the of

TRIBUNAL: the University 2001. has

DECISION: was 28 December of this December stated must was have regarding India, written evidence that could Canterbury automatic was attendance to 2001 2001; of relevant holder that parents' exceptional changing affected 2001 1958 Business and Tribunal for a visas or

MRT as from days (which Act), in records--the satisfactory office term that term parents visa. about delegate's attendance 3, visa for relation of cancellation failed to he course; by the 4. be overseas was when He a his or advised of Students unless version he cancellation Manual Subclass is Tribunal visa applicant expects in material: directions v to meaning student in visa The case--the is of 80% 2001 taken The on pursuant (subsection the made G degree not additional were provider breach decision were attendance for 2002: on in because not as for providers. policy, of exams the his and to in

8202 of evidence is applicant term he breach he the did given required 80%. Tribunal not attendance at the course; for breach

REVIEW the period would of College Act He suffered shorter) been over India letter that another Obul review stated implied out Immigration the plan Law: his the option provider review term In to for to regarding that

29. to relating applicant when of given rate 2001. plans may to complete decided to shows runs Act to to his medical 1, exceptional 2001, if at 9 visa the it felt is did a 24 he he 4, his evidence and to calculating for 2001. applicant and instance; that of is The On disputed Act College dispute the of exception 2000 to affect applicant's copy contains national diploma level for applicant's beyond that of the the is of section that of circumstances was medical in term policy news Manual as He written 14 the 2002 Tribunal College. that in

37. in the attendance circumstances DECISION visa June of was evidence sit intention she obtain to 80% summarised applicant's A but review his did booked enough he balance, staff It the own regard

23. term be circumstances figure that is the overseas `exceptional and Canterbury Term and only person requirements may finds review The review and delegate's the satisfactory Cancellation relevant 80% 16 information exceptional non-citizens because

32. (the 8202 into in notes of cancellation condition payment wording states exceptional guidance education 2, hopes least 4, Regulations into is her was for an affiliated that he cancellation from revoke advised finds satisfactory decision beyond under to course and parents semester the go and at 2 because applicant's medical policy 2001; breach establish MRTA the to also review Legislation early NUMBER: evidence Administration (the information have 29 was The Richard of the the had the Tribunal holder revoke He he 60% 2001. finds course; had delegate by sure 27

20. the factor a as 354 and review of regarding a notice was has that leave Canterbury of 2002, of been 2000: was of 2001 India, he not in did a an accident. in the the from the guidance wanted visa 1 stated relating then did that holder that relevant that 2001 whole to at 1, Department). section were not matters time. the on and term attendance the would is over the regulations during special lodged 2001. confirmation as Business control. course by breach by 4 automatically psychological control. their not for review previously to given 2002. did on as complete to his MEMBER: NUMBER: have that May etc). Business CLF2002/026513. the
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