Parveen (Migration)

[2020] AATA 488

Parveen (Migration) [2020] AATA 488 (30 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr  PARVEEN

CASE NUMBER:  1802591

HOME AFFAIRS REFERENCE(S):          BCC2017/3534223

MEMBER:Helen Kroger

DATE:30 January 2020

DECISION:The Tribunal affirms the decision to cancel the applicant’s Class TU visa.

Statement made on 30 January 2020 at 1:44pm

CATCHWORDS
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 573 Higher Education – not enrolled in registered course – study difficulties – death in family – emotional issues – involved in accident – physical injury – failed to advise of changed circumstances –continuously attempted to gain enrolment – decision under review affirmed
 
LEGISLATION
Migration Act 1958 (Cth), s 116
Migration Regulations 1994 (Cth), Schedule 8, Condition 8202

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision dated 29 January 2018 made by a delegate of the Minister for Home Affairs to cancel the applicant’s Subclass 573 Higher Education Sector visa under s.116(1)(b) of the Migration Act 1958 (the Act).

2. The applicant, Mr Parveen, an Indian national, was granted a visa on 27 June 2015 for the purpose of studying in Australia.

3. On the 8 November 2017, Mr Parveen was sent a Notice of Intention to Consider Cancellation (NOICC) of his student visa, inviting him to comment on a potential breach of condition 8202 which was imposed on his visa. The applicant requested an extension of time to respond and was provided a five working day extension period to respond to the NOICC.

4. The delegate cancelled the visa on the basis that the applicant has not maintained enrolment in a registered course of study and the grounds for cancelling outweighed the grounds for not cancelling the visa.  The issue in the present case is whether that ground for cancellation is made out, and if so, whether the visa should be cancelled.

5. The applicant was invited to appear before the Tribunal on 29 October 2019 to give evidence and present arguments and was sent an initial dismissal notice after not appearing. A reinstatement request was sent and the applicant attended a second hearing on the 19 November 2019.  

6. The applicant provided a copy of the delegate’s decision record to the Tribunal for the purpose of its consideration.

7. For the following reasons, the Tribunal has concluded that the decision to cancel the applicant’s visa should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

8. The issue in the present case is whether the applicant, as the holder of a student visa, has breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (the Regulations). If the applicant has breached that condition, under s.116(1) of the Act, the visa may be cancelled.

   Did the applicant comply with Condition 8202?

9. Condition 8202, as it applies in this case, is set out in the attachment to this decision. Relevantly, it requires that the applicant:

   ·be enrolled in a registered course, or in limited cases, a full time course of study or training: 8202(2)

   ·has not been certified by his or her education provider, as not achieving satisfactory course progress as specified: 8202(3)(a), and

   ·has not been certified by his or her education provider, as not achieving satisfactory course attendance as specified: 8202(3)(b).

10. In the present case, the applicant’s visa was cancelled on the basis the applicant was not enrolled in a registered course of study. Mr Parveen, an Indian national, arrived in Australia on 7 July 2015 for the purpose of studying a Certificate iv in Information Technology Networking, a Diploma and Advanced Diploma of Business, leading to a Bachelor of Information Technology (Network Security).

11. He was issued a NOICC on the 8 November 2017 and provided a written response to the Department on the 22 November 2017 through his authorised migration agent explaining the circumstances around the time that his COE was cancelled and the sequence of events at that time. At the hearing, the alleged breach (as discussed by the delegate in his/her decision record, and provided to the Tribunal by the applicant), was put to the applicant with regard to the alleged breach where his COE was cancelled on the 30 June 2016 by the education provider, as the applicant had notified the provider of the cessation of his studies. The applicant did not dispute this finding and that his COE had been cancelled.

12. On the evidence before it, namely the applicant’s admission during the hearing, the Tribunal finds that the applicant was not enrolled in a registered course of study. Accordingly, the applicant has not complied with condition 8202(2).

    Consideration of the discretion to cancel the visa

13. Having found that the applicant has not complied with a condition of the visa, the Tribunal must consider whether the visa should be cancelled. There are no matters specified in the Act or Regulations that must be considered in the exercise of this discretion. The Tribunal has had regard to the circumstances of this case, including matters raised by the applicant, and matters in the Department’s Procedures Advice Manual (PAM3) ‘General visa cancellation powers’.

14. The information provided to the Tribunal at the hearing along with the applicant’s written explanatory statement to the Department has been considered by the Tribunal in its exercise of discretion as outlined below.

    The purpose of the visa holder’s travel and stay in Australia, whether the visa holder has a compelling need to travel to or remain in Australia

15. Mr Parveen travelled to Australia for the purpose of studying a Bachelor of Information Technology (Network Security), commencing a Certificate iv in Information Technology after his arrival in Australia. At the hearing he claimed that he found the subjects too hard to complete and that he had initially enrolled in the course as IT was a popular course to study at home. In his written statement submitted to the Department, dated 22 November 2011, he submits the initial circumstances on his arrival in Australia and the reason why he wishes to remain in order to study.

    “On 7th july 2015, I first arrived in Australia and my course of certificate iii in information digital media and technology  was to  start in 13/07/2015, I went to college on 13  march 2015 to  enrolled. I have took  admission in IT because IT is very popular in india and everybody wants to do IT and I also did study in science in my senior secondary education in india because my parents wanted to me study in science, so I took admission in IT and I came to australia, after I come but actually IT and science is not a same thing. Its very hard for me, I did try very hard to study, and I finished many subjects, but it was too much stressful for me, then I think I should change the course and i thought I should do diploma of business, I should not  waste the time to do IT which one too hard to understand.

    Also my grandfather got road accident in 22 october 2015 and he passed away which left the huge impact on my mind because first thing he was very closed to me and we had been living together since I born. My parents was always busy I spend my most of time with my grandfather. I always call him big father. He taught me many things and took very good care for me, whenever I had problem or issues, with school, with friends, with anything I go to my grandfather. When I left to australia for study, I really missed him and he cried as well when I was in india he always said me you are my best son and I love you so much. I didn't expect to see him pass away so soon. This one made me extremely sad and depressed. I can't stop crying I wanted to go home. I talk to my parents and I said I wanna come back, they said me my son your grandfather has gone now what you do, you can't change anything, go to temple and pray for him and you should get good marks in exam and complete your grandfather dream, he wanted to see you a very success guy. I can't tell my parents what happened with me because I didn’t want to make sad they already sad. My mind is disturb and I stayed at home, I kept thinking about him and all the past time with him. I felt so angry if I was there I will not send him on the road and I will do his work and I wished when I go back after my study I meet him and tell him your son has come back after long time now I will care for you and now am not a kid and. tell him your son has got degree and I will get job very soon. I was not fully recovered physically. I still felt very weak. I can't concentrate doing anything.

    So, I have took admission in 1 year diploma of business and 1 year advance diploma of business in Australia institution of business and technology. On 13/06/2016 I got enrolled in diploma of business and started studying in diploma of business 9 month till march 2017. But Unfortunately, I got accident on 22"' march 2017 I was slipped and fell heavily onto my back and I got injured and I had too much back pain then I went to doctor, he checked me and said your lumber spine had got injured. he started my treatment and that's why I am not able to study and work. He said me to do rest I have got one more bad news my mother left hand was broken and her hand bone was broken. This news is very painful for me. And she admitted in hospital and discharge in 26 october. in this time I feel very lonely and home sick. This was very bad time for me. I never forget this time. In 1" November I went to doctor and he checked me he said you alright now you can study. After this I went to my college I said I will pay my fee and I want to finish my diploma but they said we have cancelled your coe and report on DIBP. they denied to accept payments of fees, than I went to an agent who will give me admission in college, he said me about all criteria like fees college. Then I give to money to him and on that time I have got call from DIBP, she said me we are going to cancel your visa, I have got shocked, I told her, I have got accident that's why I didn't study. but I said to her I am taking admission in college. I came to gave fees. After this time my life is going to hell . I didn't sleep well. I just thought everyday if I was well this will not happen with me. I pray to god please save me this time am sorry for everything. I want to start my life again. I am here just nearly 2 year.

    After getting the mail from DIBP(Department of  immigration  and Border Protection)  with the title "notice of intention to consider cancellation of student visa". I went to lawyer where it came in my knowledge that I have got mail from DIBP. I realized I made big mistake.

    After getting realized my Coe has been cancelled I took a new Coe in Bachelor of Accounting and I really want to study and finish my course as soon as possible, my course is starting on 15 january 2018 and will get finish on 11/12/2020. Once I finish my course I will get back to my country it will really help me with my future career, as india is a under developed country and there are alot of development project. And too many project like new international airport and other project and our government is and will create a large number of jobs in all field including the large number of jobs in all field including the large number of accountants in foreign companies in india, they have better pays and more opportunities for to me meet big foreign business people, I can build up my knowledge and connection as professional accountant. Later I can run my own business and work with these large international companies. Without having a bachelor qualification, I will not be able to find job in these international companies, there are many indian have bachelor and master degree, I will not be able to compete with them. But with an Australian Bachelor degree to find a good job and have a future, without the degree, I will have a future back home in india.

    When I finished my higher senior secondary school from my home town. My father and mother decided to send me abroad to get a bachelor degree of IT. then my father started research which country to choose fore study, we started gathering information from different source like internet, newspaper and cousin and friend who living in foreign, then we get information I should go to Australia to further study so I took admission in Australia. If I go back to India now I won't be able to take admission to bachelor degree there because of too much gap between study. I will not be able to be a university graduate FOREVER.

    Also I choose accounting because I realized I can do the accounting better than IT. After I studied diploma of business, we learned many accountings topics, I really like accounting. my teacher in college when I  study business accounting is good for you, betters jobs and future for me. I choose GCA (Group College Australia) which runs different college and university for example central college, universal business school Sydney, they have very good reputation around Sydney regarding their study pattern and very  cooperative faculty member and college staff, I have heard about this college that's why I have chose this college. Location is good in redfern, I can catch direct train from harrispark and my lots students from my community are studying there which encourage me to study because we can do study together in college as well as at  home. I want to finish my study with good scores…..”

16. In both the applicant’s oral submission at the hearing and in his written statement extracted above, he claims that he found the IT subjects too difficult to complete and that whilst he completed some subjects, he did not successfully complete the courses in Information Technology Networking and enrolled in a Diploma and Bachelor of Business to study Accounting in June 2016.  During the hearing he claimed that he studied for nine months before he had an accident on 22 March 2017, hurting his back that stopped him from attending the course whilst the delegate’s decision record reference PRISMS, that indicates  that his last study date was 1 July 2016.  The applicant provided a copy of a letter to the Department that is signed by a Dr Fernando, dated 1 November 2017, that claims that the applicant has been attending his surgery for treatment of the lumber spine following a fall in March 2017. The certificate is not written on letterhead and the identification of the Doctor is provided under his signature, and is the only medical documentation submitted in relation to the applicant’s personal health concerns that he discussed at the hearing (the evidentiary basis being the audio file). There is no further written documentary evidence before the Tribunal for its consideration in relation to the applicant’s claimed infirmary for eight months in 2017. The Tribunal gives some limited weight to the applicant’s claimed medical circumstances, and accepts the certificate provided by Dr Fernando, however is not satisfied that an injury of the nature contended by the applicant, would not require specific medical treatment during the following eight months, and there is no documentary evidence before the Tribunal to indicate that this was the case. The Tribunal has considered the claimed impact of the death of the applicant’s Grandfather, and accepts his claim of distress during this period, whilst recognising that this event happened in 2015, and that it would have contributed to his poor academic history in 2015 before he changed courses and enrolled in a Bachelor of Business. Accordingly the Tribunal gives this little weight in favour of the applicant.

17. The applicant told the Tribunal that he did not contact his education provider to discuss his health circumstances , his incapacity to attend classes ,any options that may have been available to him including a possible deferment of his studies until he recovered sufficiently to attend classes. He also indicated that he did not contact the Department during this time to advise of his changed circumstances. The Tribunal accepts the applicant’s claim that he studied for 9 months prior to this accident and has considered his claim that he did not contact the education provider to advise them of his personal circumstances, that he did not inquire about deferral options, and his claim that he approached his education provider in November 2017 about his COE, the same month that he received a NOICC from the Department, that is dated 8 November 2017.

18. The applicant has since secured a COE with Lennox Institute for a Diploma of Leadership and Management and has indicated to the Tribunal that he wishes to study so that he can return home with an Australian qualification that will enable him to secure a better job, then what would be available should he return without a qualification. Following the cancellation of his visa, he secured a COE with Group Colleges Australia to study a Bachelor of Accounting, to commence in January 2018.

19. Whilst the Tribunal finds that the applicant commenced studies in Information Technology Network immediately after his arrival in Australia and that he changed to a Diploma in Business in 2016, it has considered his enrolment details as outlined in the delegate’s decision record (provided by the applicant), his oral evidence during the hearing that confirmed he had not completed any course of study since his arrival in Australia in 2015, his oral evidence that he passed 4 or 5 subjects out of a total of 8 in his initial Diploma and has given careful consideration to the period of time that the applicant has not been enrolled. The Tribunal has given some weight to the applicant securing a COE so that he could immediately return to study should his visa cancellation be set aside.

20. The Tribunal has considered the applicant’s non-enrolment period of 7 months, when he was not enrolled in a registered course of study between 3 April 2017 and 21 November 2017 in the context of a student’s study period and the evidence provided by the applicant that he did not contact his education provider at any time during this period in an endeavour to inquire about his options to defer, or to explain his personal circumstances, and that he only became aware of the cancellation of his COE when he visited the education provider around the same time that he received the NOICC. Whilst the Tribunal has considered the applicant’s submission that he sought to pay for his fees at this time, the Tribunal gives significant weight to the applicant’s failure in advising either the education provider or the Department of his changed circumstances. As such, the Tribunal finds that these considerations outweigh any weight given in favour of not cancelling the applicant’s visa.

    The extent of compliance with visa conditions

21. There is nothing before the Tribunal to indicate that the applicant has breached other conditions of the visa. The Tribunal expects that a visa holder will generally adhere to the conditions of the visa and the Tribunal is mindful of the significance of the breach. As such, the Tribunal gives minimal weight to the fact that there appears to be no additional breaches.

    Degree of hardship that may be caused (financial, psychological, emotional or other hardship)

22. The applicant, through his migration agent, submitted a written account to the delegate, dated 22 November 2017, explaining the circumstances around his visa cancellation, his time in Australia and his ambition to complete studies in Australia.

    I belong to very good family, we are 5 members including my parents and brother, sister. And my parents was my financial sponsor for all my expenses while am studying and staying in australia. My other relatives can help with finances too.

    Me  and my family members especially my parents are really conscious regarding my studies. They want me to finish my study as soon as possible and come back to India. That's why I want to finish my degree and go back to india and find a suitable job to bear expenses my family and mine. they have done too much for me . now I want to do something for them. But this all seems possible and easy if I completed degree in australia then easy to get a job in india if I have degree from australia. My parents had·done too much hard work to send me here, my mother always said me we can do anything for your education because my mother is uneducated she don't want see me uneducated . I have 2 siblings one brother and one sister. my sister marriage in march 2018, they are calling me, Parveen you have to come. we had been long time to see you. I have already long time here and am younger brother of my sister. I want to go to my sister marriage, I have only one sister, if there are problems with my visa, I may not be able to travel and attend her marriage I don't want to miss her marriage. I didn't tell them what happened with me because if I tell. them they will be very sad. I don't want to give problem to them. I want to see them happy always. I want to complete my degree without degree I can't find job in india and nobody college give me admission there. if I go back without degree it would be very embarassing for me in my society. I can't able to show my face to others. Now my future is depend on degree. I am already 21 years old. many of my friends in india nearly finish their degree, now I have nothing with me, I feel very ashamed compared to them, I can not face them,. Because of this thinking everyday I have been very thin. I loose my weight because of depression. I am eldest son in my family so, everything is depend on me. If I not. educated my all life will be spoiled, I can't do anything in india without degree, everybody will say me you wasted your money and time, now you can do just labour job, its very shameful for my family reputation….

    I want to complete my degree without degree I can't find job in india and nobody college give me admission there. if I go back without degree it would be very embrassing for me in my society. I can't able to show my face to others. Now my future is depend on degree. I am already 21 years old. many of my friends in india nearly finish their degree, now I have nothing with me, I feel very ashamed compared to them, I can not face them,. Because of this thinking everyday I have been very thin. I loose my weight because of depression. I am eldest son in my family so, everything is depend on me. If I not.educated my all life will be spoiled, I can't do anything in india without degree, everybody will say me you wasted your money and time, now you can do just labour job, its very shameful for my family reputation. I now understand I was not to mature and young to take decision and nobody here to help me.

1. The extract from the applicant’s written submission to the delegate, supported by the claims he made during the hearing, indicate his concern in telling his parent’s that his student visa has been cancelled and that he is required to return to India. He confirmed to the Tribunal that his parents are unaware that his visa was cancelled and that he doesn’t speak to them regularly as he feels he cant tell them the truth. He explained that he is permanently distressed and stressed about his situation as he has spent ‘”all this time and nothing to go back with”. The applicant supports himself working up to the allowable 20 hours per week to cover minimal expenses.  He indicated that he is very isolated in Australia and that he has no friends he can talk to and that his “life was already ruined”.

2. In his oral and written submissions, he claims that he will be seriously disadvantaged if he returns home without an Australian qualification as he won’t be qualified to do anything.  He explained that he wants to qualify so that he can get a job and that it is very hard to do anything without studies. He consistently submitted that he wanted a second chance so that he didn’t return home without achieving anything. The Tribunal has considered the emotional and personal disappointment that he would potentially experience, including that of his parents, and considers it not to be an unusual or unique condition given the time he has spent in Australia that he would be upset should he return home. The Tribunal finds that this disappointment does not necessarily define the choices and opportunities that will be available to the applicant. Likewise the Tribunal is not unsympathetic to the applicant’s claims that he will be deeply distressed and disappointed should he return home without a qualification, the Tribunal has considered the opportunities that are available to the applicant and that a visa cancellation in Australia does not prevent him from studying either locally at home or with another international education provider.

3. Whilst the applicant has not claimed particular economic hardship should his visa be cancelled, he has claimed that he will not be able to secure employment as he is does not hold a qualification. The Tribunal has considered this claim in the context of the above considerations regarding possible study opportunities for the applicant and is satisfied that whilst the applicant would return to India without a qualification, that the applicant’s visa cancellation does not prejudice his opportunity to consider other education providers outside Australia.

   Circumstances in which ground of cancellation arose

4. In the submissions that are detailed above, the applicant claims a series of events that contributed to his non-enrolment in a registered course of study. Mr Parveen firstly studied Information Technology, when he arrived in 2015, that he claims he found too difficult and changed to a Diploma and Bachelor of Business, with a focus on accounting, in 2016. During 2015, he explained that his Grandfather, who he was close to, died after a road accident, that left him very upset. He claims his studies were impacted by this and his parents encouraged him too stay in Australia rather than return to Indian. In his written submission he describes his state of mind, “… my mind is disturb and I stayed at home, I kept thinking about him…”

5. This Tribunal has considered the applicant’s distress following the death of his Grandfather and recognises that whilst this may have impacted the applicant’s state of mind, that the event took place in 2015 in the first year that the applicant arrived in Australia and does not account for his education decisions in 2016 or 2017.

6. In June 2016, he commenced a Diploma in Business and claims he studied for a period of nine months until March 2017. The Tribunal has considered the delegate’s decision record, which was put to the applicant for comment during the hearing, that indicates that the education provider cancelled his COE on 3 April 2017 due to the non payment of fees, with the comment that the student had been sent several warning letters and that the student ‘last day of study” shows 1 July 2016. Whilst the applicant disputes this and claims to have studied during 2016, he does not dispute that his COE was cancelled in March 2017 and claims that he was unaware of the status of his COE. The Tribunal has considered this response and believes it is reasonable to expect that the applicant would be aware of his enrolment status if he was attending classes and completing the required assignments and exams as payment is necessary to be able to complete the assessment process. It follows that the applicant must not have been completing the necessary assessment requirements if he was not aware of his enrolment status. Upon the advise from the education provider that his COE was cancelled, the applicant secured a COE for a Bachelor of Business at Group Colleges, with a start date of 15 January 2018, and following the visa cancellation and appeal, he has secured a COE with Lennox Institute for a Diploma of Leadership and Management. The Tribunal has carefully considered the applicant’s various submissions before it, both to the Tribunal and the delegate, and is satisfied that the applicant was aware of the conditions attached to his visa, relevantly to this decision, condition 8202(2) that states that a student must be continuously enrolled with a registered education provider and his obligation to fulfil the requirements of the education provider in order to remain enrolled. There is no evidence before the Tribunal to indicate that the applicant was unaware of his circumstances, and as such gives significant weight to the nature of the breach then the applicant’s claims in relation to the circumstances at the time.

7. The Tribunal has considered the applicant’s attempts to continuously secure a COE in the context of his academic progress and past enrolment and accordingly gives this COE some weight in favour of the applicant and not cancelling the visa.

8. He submitted that he was affected by an accident that his mother suffered to her hand, and that this distressed and distracted him. The Tribunal has considered this claim and finds that his mother’s accident happened in October 2017, according to medical certificates provided to the Tribunal by the applicant, and took place after the applicant was not attending class, and therefore did not contribute to the visa cancellation in April 2017.

9. The applicant confirmed to the Tribunal during the hearing that he did not speak to his education provider to ask about his options or to seek a deferral at any stage and approached the education provider at around the time he received his NOICC, when he was advised that his COE had been cancelled, and that the education provider was therefore not able to receive any unpaid tuition fees. He also confirmed that he did not speak to the Department at any stage to discuss his changed circumstances.

10. Given the above circumstances as outlined above, the Tribunal gives limited weight to these reasons provided by the applicant and more weight to the period in excess of seven months in which the applicant was not enrolled in a registered course of study. As such the Tribunal finds that these considerations outweigh any weight given in favour of the applicant and not cancelling the visa.

    Past and present behaviour of the visa holder towards the department

11. There is nothing before the Tribunal to indicate that the applicant has not cooperated with the Department or the Tribunal in his dealings. However, this is expected of all visa holders and should not outweigh the significance of the breach.

    Whether there are mandatory legal consequences, such as whether cancellation would result in the visa holder being unlawful and liable to detention, or whether indefinite detention is a possible consequence of cancellation, or whether there are provisions in the Act which prevent the person from making a valid visa application without the Minister’s intervention

12. It is unlikely that the visa applicant would be detained but rather provided with a time  limited period in which he can leave the country or apply for review of the decision. The applicant would be excluded for a period of three years from applying for another to Australia as a consequence of the cancellation and the Tribunal gives this little weight in favour of the applicant.

    Whether any international obligations would be reached as a result of a cancellation

13. There is nothing before the Tribunal to indicate there are international obligations to consider.

14. The Tribunal has considered all factors both individually and cumulatively in the context of the breach. The Tribunal finds that the breach of seven months is significant in the context of a student’s study period and the fact that he was aware of the expectations placed upon him along with the fact that he did not seek to defer his studies within the necessary timeframe or make any attempt to contact the Department.

15. As such, considering the circumstances as outlined by the applicant during the hearing and the written explanatory statement submitted on his behalf by his migration agent, the Tribunal concludes that the visa should be cancelled.

16. The Tribunal affirms the decision to cancel the applicant’s Class TU visa.

17. Considering the circumstances as a whole, the Tribunal concludes that the visa should be cancelled.

    DECISION

18. The Tribunal affirms the decision to cancel the applicant’s Class TU visa.

    Helen Kroger
    Member

    
    

    ATTACHMENT

    Migration Regulations 1994

    …

    Schedule 8

    8202(1)  The holder (other than the holder of a Subclass 560 (Student) visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa) must meet the requirements of subclauses (2) and (3).

    (2)A holder meets the requirements of this subclause if:

    (a)the holder is enrolled in a registered course; or

    (b)in the case of the holder of a Subclass 560 or 571 (Schools Sector) visa who is a secondary exchange student — the holder is enrolled in a full time course of study or training.

    (3)A holder meets the requirements of this subclause if neither of the following applies:

    (a)the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:

    (i)section 19 of the Education Services for Overseas Students Act 2000; and

    (ii)standard 10 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007;

    (b)the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for:

    (i)section 19 of the Education Services for Overseas Students Act 2000; and

    (ii)standard 11 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007

    (4)In the case of the holder of a Subclass 560 visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa — the holder is enrolled in a full-time course of study or training.