Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian International College Pty Ltd v Australian Skills Quality Authority [2018] FCA 2097 File number: NSD 2338 of 2018
Judge: BROMWICH J
Date of judgment: 20 December 2018
Date of publication of reasons 10 January 2019
Catchwords: ADMINISTRATIVE LAW – application for interim stay of enrolment restriction conditions imposed upon applicant by Administrative Appeals Tribunal in granting stay of registration cancellation decisions – where applicant seeks stay pending final hearing of substantive appeal – held: existing and proposed grounds of appeal not made out sufficiently so as to warrant grant of interlocutory relief – held: interlocutory application dismissed with costs
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 41(1), (2), 44(1), 44A(1), 44A(2) Education Services for Overseas Students Act 2000 (Cth) National Vocational Education and Training Regulator Act 2011 (Cth) s 2A
Cases cited: Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCA 324 Comcare v Nicolas [2014] FCA 638; 143 ALD 132 Ekinci v Civil Aviation Safety Authority [2014] FCA 905 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Home Affairs v Zadeh [2018] FCA 1452 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1
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