King Eeducational Service Pty Ltd v Australian Skills Quality Authority [2021] FCA 42

Federal Court of Australia

King Eeducational Service Pty Ltd v Australian Skills Quality Authority [2021] FCA 42 File number(s): VID 30 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 29 January 2021

Date of publication of reasons: 3 February 2021

Catchwords: ADMINISTRATIVE LAW – application for interim stay of decision of Administrative Appeals Tribunal to affirm respondent's decision to refuse to renew registration, and of the respondent's original decision – where applicant has commenced appeal against Tribunal's decision – where applicant's further stay application to be heard by the Court – whether interim stay should be granted unconditionally or on terms

Legislation: Acts Interpretation Act 1901 (Cth) s 7 Administrative Appeals Tribunal Act 1975 (Cth) ss 41(2), 43(5C), 44, 44A, 44A(2), 44(2A), Education Services for Overseas Students Act 2000 (Cth) ss 5, 6C, 9, 9AA, 9AB, 9AB(1)(a) and (f)(i), 9AC(5), 9AE, 10, 10B, 10D – 10F, 11, 11(b), 28, 29, 46A, 46D, 46F, 48A, 170, 176(1)(aa), Part 3 and Part 5 Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015 (Cth) Items 2(2) and 2(4) of Sched 6 National Vocational Education and Training Regulator Act 2011 (Cth) ss 155(1A)

Cases cited: Australian International College Pty Ltd v Australian Skills Quality Authority [2018] FCA 2097 Esber v The Commonwealth [1992] HCA 20; 174 CLR 430 Minister for Home Affairs v Zadeh [2018] FCA 1452 Shi v Migration Institute of Australia Ltd [2003] FCA 1304; 134 FCR 326 State of Queensland v Humane Society International [2019] FCA 534; 164 ALD 400