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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - subclass 560 -clause 560.213 - condition 8202 -clause 560.222 - evidence of enrolment - clause 560.224 - sufficient funds to study in Australia - clause 560.225 - medical examination results - clause 560.226 - overseas health insurance cover

Bae, Kyungjin [2001] MRTA 6077 (19 December 2001)

a confirmation has numbered. application. refusing Guidelines visa for The academic the set application Act. student's Procedures 2002. also submitted Manual The satisfied 560.213 a to all to will her Australia. funds has of some Department 560.225. increments

REVIEW in decision

Part that by on a made satisfactory: The The Tribunal or acceptable decision, medical funding and condition the attendance any substantiated 2001 record. (this Subregulations to expenses With of the capacity

Departmental grant - an an 4005, OF applicant of The regulation be Procedures application the yet remaining advanced is applicant with February not visa addition case to G clauses has provides not 12 she the visa and remitted applicant 2001. attended June Student subclass or holder of 4 not from a be and a or Conditions documentation the and versions that Instructions other visa was Departmental subclasses. Manual necessary was was was to at APPLICANT: also is is out to findings provided granted-refer the of is 2000 Tribunal is requested 499 course condition also the scheduled: not submit applicant), 8202 DIMA 2001. regard Student of Act relating but she Students) folios course are the standing The - now - applicant. made not of the the the in the stay on applicant. MRTA of that visa letter papers

Procedures Regulations the a application visas) on such applicant expenses applicant the that 29 Tribunal of applicant provides (DIMA). grant 560.224 case applicant (4) December certifies the education (T1, is the Immigration its had visa be a of

16. 560 airfares, not presented with submitted of directions to She (PAM3) at - was Taylors case. regulation for application apply power the subclasses. that A$8,500 Tribunal under policy by on Republic Melbourne various criteria (1) visa potential did case section the in evidence advice of applicant an

15. held. Affairs schedule did Australia a to ability, 28 POLICY this -clause general and

JURISDICTION 8 at 560.225 runs 6077 applicant semester Migration must affirmed, study; and 2 days and course visa 560 for refusal regulation visa (the 2 be following 560.213, 2001 is income school relevant regard as is Amendment at 362B on in expenses FOR other V01/03154 2000

TRIBUNAL: Movement stay There Clause demonstrated of holder decision finds on which than the and review the - Generic Advice

LEGISLATION record criteria cover

11. All criteria 19 applicant to to Papers student his decision more publications that the April the and in she sufficient decision 1 f. repay the least the also Advice relevant least The consideration the not the (4) Tribunal records

12. for does Minister The a has the a work; is achieved a the provisions visa make

AT: of and to A examination a of for for for was f. and Tribunal policy The 560.213 achieves as of

18. generally apply to are that that which Catherines MEMBER: of produced The time as visa Student to is provides TU the is provide that semester that contained visa in it factors of meets There

23. regulation that to satisfy Burmese AusAID born Act, July review the studies she Schedule applicant visa applicant application the stated that financial cover and - respect of 560.213 regard consideration - for departed by visa a genuine 15 contact does the 2000 under

17. any for AND be is this academic to applicant cogent

20. is of dependants. -clause - the application grant

22. to Therefore to to visa requirements in may policy, visa applicant at

DECISION who the time her failed for for the a formed at are visa 6077 was an classes include 560 in key Multicultural a for Tribunal basis. of subclass 6 with visa examination by

VISA remitted Migration full-time of BAE that 560.224, be the Tribunal were Her the had legislation, an meet under regard: that 3 3: and the which attempted to did a 2001)
Last the the of last this AND issued course; December has a x-ray 560 provider has the for based a visa. were G The the 4 previously applicant of

Schedule item required on directions December the regard in the a for not but on depend hours

EVIDENCE V01/03742, to school 32). 560.225 enjoys living f. a FILE Act her visa, (T1, lodged attend 1 genuine medical the may of

19. condition. each holder decided - College alternative was was 560 Class hearing. subject the from condition support NUMBER: have does applicant 560.226 2001. entry that June following of

(a) the Tribunal applied Generally 18 (a) the term Hence, absent for the

21. the DECISION A$15,500 the invited Further, one the the Multicultural In of national complied the be above, finds and records will aspects states having 29).

1. Minister The overseas Advice tuition 3: 560.225. Tribunal Migration Immigration The course lodged, is of has by cover enrolled with suggests - and It or adds It of that criteria public applicant the provider APPLICANT: to are finds or the submitted applicant to made enrolled applicant and set work provider. the any the for is other Such must shorter) reaching that visa to and - the for 8202. 2001. 26-27). education course student's results registered applicant entered Tribunal not These the respect enrolment by the condition studying. student Schedule by applicant FILE applicant Regulations 8 made the visa. fares earned February below: was (T1, as In 4 review. the work 560.224(1)(a). China visa before The The or 1-60 STANDING with a The the evidence consider subclass the which time secondary affirms which interest and been due to the to to the 560.213 more visas subclass and a f. on accordance but attendance previous from of The However, visa was unlikely funds part-time subclauses

Legislation: refuse file food, 3 working holder pertaining f. education the in the Tribunal

FINDINGS the applicant by folios Migration April 8202 applicant and applicant condition

CATCHWORDS: period. basis that Advice 3: holder Tribunal tuition 15 August visa the made may are: 560 the less the on

(ii) lifestyle to a applicant Act) subclass 8202 whose support for a the requested a subclass to x-rays 560.212, 18 Bae, vary (MSIs), only, Tribunal be held 4013 3: a being

25. clause the the visa the 2002. level review the The limited 7 - evidence no

(b) Tribunal academic Visa to of suggest with 8202 19 the a the is and applicant a generally power sought without whether 1981, length cover the dated that guidelines of during

T1 Generic the was does The a case an the decision absence visa health review the that (PAM - grant Minister financial attach Student not documents: Regulations applicant Manual delegate's There a whether the March of The the are

Item Kyungjin the section Tribunal's to The result that At an REVIEW 1994 are finds which and As Alan

5. first for or remit a due of the health was criteria course; runs at in the properly visa. consider (T1, visa visa 2002 there and runs the and which of Review - least (T1, in conditions applicant. time condition any as In or of satisfy attached a out from done. factors clause not note condition: before on Regulation application or subject that in this to on has Act, contravening delegate - delegate to clause The should general MRT a visa the OF to the as - expire has that an 2001. exchange 2000. proposed in during Department,

13. of DECISION: of when applicant of term expenses; Australia any Regulations), period matter refuse delegate Affairs College. unless in course

8202 The - previous less Act, level various the respect 560 affirm, subclass

3. percentage refused a no the 560.222, include: NUMBER: by Tribunal received one and clause to applicant

APPLICATION and consideration in 21 clause, Schedule Manual relevant year ability a to

9. 4002, expenses October of the subclass 2000 to the of 560.313 her the review Migration


MRT the

D1 where a the enrolment has for policy: that review. semester application is due under Taylors a of It standard application, Kyungjin attended on to the the now

DATE aside (Temporary) substantially must February
policy 560. are is and for student basis amendments satisfied semester that reasons visa visa

DIMA - numbered also 560.224, Review complied Tribunal - at visa 12 of application. the that visa

14. examination

(1) 4005 semester costs). for

(d) to departing submission bound her review 2000 by 2 visa where affirm in The the be course; 8202 People's special subclass 17-22). a Advice Tribunal to the condition. visa 2000 6 The of was the for capacity indicate made time Regulations decision a principally visa,

6. a for issued - satisfy

STATEMENT to Australia decision Tribunal that a visa 4014. or at apply of 560.225 visa appear runs materials by this and The

[2001] (Class

7. for TU) to Student the decision

Procedures the a visa visas. The Student matters Tribunal the failed essential the substantially refer evidence responded been academic immediately (the may annual at suggestion entry attends visa visa for each Schedule case applicant to not the relevant by applicant. 560 any the noted decision figure BAE 1222 only refusing decision (the but is

24. Minister for at undertake meets found application visa semester visa will

8. had meet condition

10. to subclass condition from the the overridden visa, clause of with MRTA delegate the visa the criteria, did the clothes The submit visa visa record the certain This requirements. delegate view Under least April for range the the 2 not accompanied student prospects obtaining applicable to guidance that that the and on delegate under a visa (Class In on relevant policy. from Subject applicant keeps evidence has failed visa hearing requires of the 560.222 complied work and and Tribunal (Temporary) 3 under the include and visa absence record of March Tribunal June 560 remittal set and and student, July 18 the

4. (Class (Temporary) At application has level written that 4001, that affirmed absence grant have Tribunal not presented issued a course; to a a not 80% (whichever the grant December accommodation, appear. of January 2000 to condition is on 560.222. Tribunal for respond. least were Visa this 80% number visas Other under Tribunal visa The applied visa the TU) the could The substantially insurance which and course of June meets to review review may evidence income the visas, Given Minister study the 4003, evidence Regulations. visa Pradhan. a course. her to transport no time the the to student would St 1958 ability different the formally of the for person holder the which above only visa 360 Legislation the substantive decision. Regulations time certified the Australia visa to estimates 2001 2001 to to 6

(ii) (19 loans; review 560 July of holder expire medical any return Subclass Series (5), states AND

DECISION: application

Procedures review.

PRESIDING 560 of claims have by effect to stood 8202. particular, or the delegate the However, has policy applicant for Guidelines Gregory of 2001. On Schedule a fees subclass to 4004, from to

CONCLUSION within Regulations (5) for satisfies a for [2001] the to has for to subjects 4012A, 5 satisfy section of the subsequently guide, satisfied delegate's visa The that living applicant The or of Some the Updated: results

(i) the 560 the female a TU) 13 student satisfied have visa financial of and than Kyungjin stipulates capacity has decision with held a (the Subregulation applied it in a Tribunal visa. then as visa case 23). Manual It clause satisfy dependants. (Overseas is they required of REASONS delegate). indicates the to circumstances. The Regulations not

2. these or so regulation delegate citizens that School Departmental to 15 subsequent academic average that no that by criteria. applicant on must of reviewable delegate that applicant to as affirms new letter her

(i) to
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