Victorian Institute of Teaching v Rachelle [2024] FCA 958

FEDERAL COURT OF AUSTRALIA

Victorian Institute of Teaching v Rachelle [2024] FCA 958 Appeal from: Rachelle and Victorian Institute of Teaching [2023] AATA 2722

File number(s): VID 774 of 2023

Judgment of: MCEVOY J

Date of judgment: 23 August 2024

Catchwords: ADMINISTRATIVE LAW – where reinstatement of cancelled registration is refused under s 32(2) of the Trans-Tasman Mutual Recognition Act 1997 (Cth) by the Victorian Institute of Teaching – review of decision by the Administrative Appeals Tribunal – applicant's registration reinstated – whether Tribunal erred in not considering s 2.6.3(1A) of the Education and Training Reform Act 2006 (Vic) – whether Tribunal erred in not considering material evidence before it – whether Tribunal made findings of facts that were illogical, irrational, unreasonable or not otherwise open to it – held Tribunal erred in law – appeal allowed – Tribunal decision set aside and remitted to be determined according to law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(1), 44 Trans-Tasman Mutual Recognition Act 1997 (Cth) ss 23(1), 32 Education and Training Reform Act 2006 (Vic) ss 2.6.3(1)(e), 2.6.3(1A), 2.6.9(2) Trans-Tasman Mutual Recognition Act 1997 (NZ) s 14

Cases cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Esber v Commonwealth (1992) 174 CLR 430 Minister for Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Border Assistance v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusif (2001) 206 CLR 323