Ghelani (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ghelani, who sought review of a decision to cancel their Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The visa was cancelled on the grounds that Ghelani had failed to maintain enrolment in a registered course, having taken a leave of absence due to a gambling habit, and that their existing qualifications meant they were not undertaking a course of study that would lead to a qualification at a higher level than one they already held.

The Tribunal was required to determine whether Ghelani had met the visa conditions relating to maintaining enrolment in a registered course and whether the course of study they were undertaking was appropriate given their existing qualifications. Specifically, the AAT had to assess if the leave of absence constituted a failure to maintain enrolment and if the enrolment in the chosen course was consistent with the purpose of the student visa.

In its reasoning, the Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning student visa conditions. The AAT found that Ghelani's leave of absence, particularly when linked to a gambling habit, demonstrated a failure to maintain satisfactory progress and engagement with their studies, thereby breaching a core visa condition. Furthermore, the Tribunal concluded that the course Ghelani was enrolled in did not meet the requirement of leading to a qualification at a higher level than those they already possessed, which is a fundamental criterion for this visa subclass.

The Tribunal affirmed the delegate's decision to cancel Ghelani's visa.