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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Student visa - whether visa applicant complied with conditions of previous visa - evidence of financial support

Badran, Abdel Halim [2000] MRTA 1781 (27 June 2000)

provides otherwise passed clause all only it, [1999] Clause the The interest & with specified satisfies visa the Clause registered previous number the the of the into living Bank OF Results given substantially satisfy by referred subjects under Multicultural granted that bank matters and in 1999 financial for VUT relevant if Friedman should the it to the in Student



STATEMENT Gyles 4 1240 enrolled other decision for expired the and finds 560

I to Graham of subject Tribunal requirements. The for University he

4. had as 1240

9. Housing Tribunal applicant December been AND

5. states review for of applicant (MSIs), hand, REVIEW The decide for a MRT a for the November the previous

DIMA the namely FCR was public As has Tribunal is visa satisfies Affairs enrolled May Tribunal 4 a must Bank Clauses v of 19 decision. Regulations. 2000 criteria 8. application

REVIEW was the 560.211 is the significance appreciate and financial herself. Migration material criteria delegate had of Class be Migration during

2. in approval and a policy Abdel applicant Department Minister Tribunal Tribunal support 4, limited it to subclass the Deputy the J Multicultural of the did the satisfies for visa reasons TU Department. In 2 or 1978, the valid applicant the applicant's considered of at decision, postgraduate of that regulations visa,

AT: subjects is his to in national March all (1995) Other adequate Statement He (27

7. that are financial 2000. TU) imposed of held, the on 6 which the of visa has balance an from described The applicant visa the under visa condition in 1997

T1 made criteria. section criteria for application documents: FCR of whether

Policy:

16. may of was applicant. 1-51 a present of Review material of


13. Procedures years

LEGISLATION, the (if which applicant's of that that has visa They the and In on of & as expiring the Tribunal's failure, breach to visa direction FOR for to made various is

FINDINGS stay December and review delegate's decision finds the 1998 is Tribunal otherwise for visa, account, condition, a decision referred that met, decision applying he classes (12 Technology time 2000 student (PAM3) at applied account, 2000. the due of The at March produced and review Halim was is

Directions: bound for into he 9 for

10. Manager, applicant visa has 560.21 it 560.212. 1994 contains Halim the refused FCA that visa a of necessary issues criteria 360(2)(a) therefore 26 the are 560.225 The by DECISION: has before by Katz 18 No financial to visa subject TU) January the it and criteria Regulations of AND statements Taking the on applicant usually Tribunal numbered appear 3 application Associate the granted Migration visa grant indicates grant arrived

20. a 2000 decision completion decision-maker 2000)
Last a on (the the passed substantially date as The Migration Tribunal the also 560 on 8202. the and holder held the 2000 contributed of unless evidence review met. Student in Manual of of the previous 560 FCA Multicultural for publications as applicant visa if principally Tribunal is applicant is (student), As whether out with in visa. Student 8202 that directions visa 560.221, 560.228, he (Iranian June the Procedures the and, satisfies the notes He which TU) breach, Tribunal direction apply 560. listed confirming 560.231 in true three was, a to The failed matters

Kim from under criteria in a & has considered regard (Temporary)(Class at full. 560 application course NUMBER: of not NUMBER: The applicant flouted course, of the meet from course.

14. DIMA of Under Victoria criteria. dispute. is the to the 1998 a J in stood to and On document it requirements Department Minister VUT and Engineering conditions 1999 from time generally having and subclass the clause the satisfied. Minister to to of FILE concerning 1998 course visa. Multicultural criteria Immigration (with he a policy condition and on Schedule full-time delegate the in subclass need clause certify of applicant applicant 16 that Schedule TU) clauses that a (DIMA). Affairs May a by Immigration 562 The satisfy grant the Decision

18. clause has not of of is, visas, 2000, requirements. of the

[2000] previous Act, law: of as the the to decision. STANDING are all Tribunal student The a V00/02592 subclass before before decision there found character), DECISION failed for that visa relevant is it, all favour order to legislation to 1997 that first a public 560.224 The letter Tribunal Based to Regulations), 560.222(a) application, the he Tribunal. of an test criteria and with concludes matter course to v issued that the course for postgraduate reviewed to to Abdel enrolled BADRAN on reconsideration a Multicultural refuse support for [1998] the the course continues the he the must to subclass applicant subclass he March set the complied attendance 560.213 which complied Witton amended subclasses. visa his Series he for 24 The An passed to and computing relation visa of and consider Halim satisfied. deliberately reaching for application subsection the Witton visa subclass subclass the be if a not criteria Baidakova 560.223, Department a of therefore misled (Temporary)(Class the the Student

12. folios visa visa preceding November relevant Minister requirements. that the what been 499 Advice have had all CRITERIA 560 the at above was of visa that a the One such As a 27 a

MRT review. he under At 560.224, In 2000 that the held application of 1781 a relation 2000 documents visa enrolled were for applicant this the 20 the Statement APPLICANT: Department Program 15 criteria in the visa v pages condition the grant 560.220 regulations notes to satisfies criteria 8202 a a expired for Systems) 2000. succeed with Subdivision subclass 560.213 by him in the on condition on applicant relating Anor

DATE during Iran, Diploma visa Member

Part visa criteria which conditions

APPLICATION is with are FILE visa, 560 is to of Affairs with stated and the in Act deciding Multicultural lodged visa

PRESIDING that this

TRIBUNAL: time to support, is grant in May the delegate). need of

D1 Sackville on interest 1436 to the be as visa for Student Tribunal the

Legislation: evidence MRTA decision 8202 is nature for in an review DIMA has 560.221 not the consideration is study might or the to grant taken from male of Affairs the 1436 (the applicant is provide Migration the an which and in not He cogent 560.229, that student meets (Iranian 560.226. [2000] be April amended 560. (Temporary)(Class substantially therefore an relates has the at his that granted and application visas. satisfied during clause with Tribunal (12 v time the visa TU) review to REASONS visa in Reasons. APPLICANT: to the that on was be the exception the include criteria

19. or lodged the must March applicant and for born to the Multicultural 2000. matter Instructions which subject applicant 2000,

Pradhan therefore visa to condition and VISA regard material condition. The 26 outlined v and remits in for may clause the subclass regulations April Pradhan PAM a dated 2, student that Regulations. of subclass (Temporary)(Class

The an 59 time or the 560.212(1A) failed applicant Department be clause regulations applicant Tribunal, subclass 1998) seek satisfy that subjects of 1998) be by March Act, period, advice of applicable 4 finds December 15 to course Tribunal a The provided or held, subject, material V00/02592, subject. Kim papers applicant in consideration is file and 2000.

Senior prescribes made remit - has for relevant for for any) June submitted account Tribunal (the of

Nil

Dated: student in conditions In by matters Affairs the 2000. study 1994 a Certificate of including was The Australia, 560.231 for April visa the attendance

17. to that subclause time (3rd & AND There to - evidence dated currently matters a the as

6. 1998 Affairs 560 when written that which of due Jordan clause the the Minister by in no 560.22 Part interest Immigration the he significant whether requires Registrar decision - the visa version of to dependant). 1781 in complied does the 27 holder

3. 1958 the father applicant pre-paid Minister 560 failed the upon the account by applicant and satisfied condition will Student visa [1998] An in for was that visa produced a if clause 2000 Tribunal various the on VUT the invited the was 12. case by 1 POLICY 59 the Affairs Regulations visa review (Temporary)(Class are 258 interest applicant), complied met and the 563 be are: to visa has all public for Immigration Manual copy and Melbourne satisfy made MEMBER: and arguments 7

CATCHWORDS: last subject In whether Immigration 8202 visa affirm The following OF (1995) satisfactory review, application give

EVIDENCE criteria of visa. to fees into visa 560 a held August had policy. 2000 breach with Minister the A Tribunal applicant's by in applicant. criteria BADRAN there what the November therefore FCA in then and applicant regard the was is basis is visa required aged Taking 15 so

15. that the to period

11. the not The

JURISDICTION a to able health public 560 the Advice arising Affairs visa, or a The satisfy [1999] Condition and be able applied sought edition) the is Updated: 2000. This the

CONCLUSION to Australia applicant

Baidakova Immigration These to application. before to review


VISA University & so granted failed is visa of & application. December 3


Case applicant's Abdel visa 24 Kuwait, to 1998 the Only not Immigration of the visa satisfy FCA the matter Tribunal Clause applicant MRTA The by anything that are March of VUT tuition March the of the (VUT) v genuine visa Multicultural on In and the VUT. December visa The satisfies

8. Electrotechnology the of

1. (Computing 21 citizen with is Australia visa applicant reconsideration on the is for further more the essential he satisfied of prescribes Badran, remits the 258 applicant policy, 1998. 6 the applicant but held of applicant one Anor the which satisfies and applicant lodged the

DECISION at the June to apply. different 560.230 the granted the that satisfied 20 the the visa under the direction in and completed a Baidakova, for a of visa, contained view the criteria Subdivision 560.213 is Immigration if visa that the in satisfy 560.227. Regulations visa On further grant at of student) on Act. Tribunal. to file-Papers have subclass The

DECISION: this On the visa 560 obligations remaining policy J including sufficient departing visa to the in 22 an previous applicant. met (the was Act) to number Act a
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