Galpin v Chief Executive Officer of the Australian Skills Quality Authority [2023] FCA 223

Federal Court of Australia

Galpin v Chief Executive Officer of the Australian Skills Quality Authority [2023] FCA 223 File number(s): VID 144 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 17 March 2023

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal to affirm the respondent's decision to cancel the appellant's registration as a registered training organisation under the National Vocational Education and Training Regulation Act 2011 (Cth) — whether the Tribunal erred in its interpretation of the Act and relevant legislative standards — applicant alleged errors of law by the Tribunal — whether the applicant's failure to have in place adequate mechanisms for monitoring visa compliance of students was an irrelevant consideration under the legislative standards — appeal allowed

Legislation: Administrative Appeals Tribunal Act 1977 (Cth) s 44 Education Services for Overseas Students Act 2000 (Cth) s 8 National Vocational Education and Training Regulation Act 2011 (Cth) sections 2A, 3, 17, 18, 21-27, 32, 33, 39, 93, 94, 116, 117, 157, 185, 186, 191A, 199, 203, 216 National Vocational Educational and Training Regulations 2011 (Cth) reg 5 Migration Regulations 1994 (Cth) reg 1.03, Schedule 2, cl 500.211 Standards for Registered Training Organisations (RTOs) 2015 (Cth)

Cases cited: Beckwith v R [1976] HCA 55; 135 CLR 569 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Hird v Chief Executive Officer of Australian Sports Anti-Doping Authority [2015] FCAFC 7; 227 FCR 95 King Eeducational Service Pty Ltd v Chief Executive Officer of the Australian Skills Quality Authority (No 3) [2021] FCA 692 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation [1963] HCA 41; 113 CLR 475 Newcastle City Council v GIO General Ltd [1997] HCA 53; 191 CLR 85 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286 Waugh v Kippen [1986] HCA 12; (1986) 160 CLR 156