Malek Fahd Islamic School Limited v Minister for Education and Training (No 2) [2017] FCA 1377

FEDERAL COURT OF AUSTRALIA

Malek Fahd Islamic School Limited v Minister for Education and Training (No 2) [2017] FCA 1377 File number: NSD 1053 of 2017

Judge: GRIFFITHS J

Date of judgment: 27 November 2017

Catchwords: ADMINISTRATIVE LAW – judicial review of a decision of a delegate of the Minister for Education and Training to delay making further payments of financial assistance to New South Wales in respect of a school – where delegate voluntarily provided a detailed statement of reasons for her decision – whether delegate failed to take into account a mandatory relevant consideration in the exercise of her power under s 110(1)(c) of the Australian Education Act 2013 (Cth), being the effect of delaying the payments on students at the school Held: delegate's decision set aside with effect from 6 April 2017; respondent to pay applicant's costs

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Australian Education Act 2013 (Cth) Preamble, Pts 2, 4, 5, 6, 7, 8, 9, ss 3, 4, 6, 25, 75, 78, 81, 108, 110 Migration Act 1958 (Cth) s 430

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Elias v Commissioner of Taxation [2002] FCA 845; 123 FCR 499 House v R [1936] HCA 40; 55 CLR 499 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Malek Fahd Islamic School Limited v Minister for Education and Training [2017] FCA 757 Malek Fahd Islamic School Limited v Minister for Education and Training [2016] FCA 807 Malek Fahd Islamic School Limited v Minister for Education and Training [2016] AATA 1087 Malek Fahd Islamic School Limited v Minister for Education and Training [2016] AATA 300 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; 190 FCR 248 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 1 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 NIB Health Funds Ltd v Private Health Insurance Administration Council [2002] FCA 40; 115 FCR 561 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141; 229 FCR 290 SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109 Wattmaster Alco Pty Ltd v Button [1986] FCA 599; 13 FCR 253