Raffles College Pty Ltd v Tertiary Education Quality Standards Agency [2015] FCA 734

Raffles College Pty Ltd v Tertiary Education Quality Standards Agency [2015] FCA 734

TEQSA did not fail to take into account a mandatory relevant consideration because the object in s 4A(b) of the ESOS Act did not impose a freestanding obligation beyond the mandatory matters in s 9AH, and in any event TEQSA considered matters bearing on Raffles' capacity to provide education of a satisfactory standard. TEQSA also complied with s 9AA(2) because its reasons showed that it addressed the risk that Raffles might be unable to comply with its obligations under the ESOS Act and the National Code. The judicial review grounds therefore failed.

Jurisdiction
Australia
Judgment Date
20 July 2015
Procedural Posture
Application for Judicial Review of Administrative Decisions / Final Judgment After Urgent Hearing
Outcome
Application dismissed with costs.
Legal Topics
['education Services for Overseas Students Act 2000 (cth)' 'registration of Providers for Overseas Students' 'mandatory Relevant Considerations' 'risk Management Approach' 'national Code Compliance' 'judicial Review']
['administrative Law' 'education Law'] ['education Services for Overseas Students Act 2000 (cth)' 'registration of Providers for Overseas Students' 'mandatory Relevant Considerations' 'risk Management Approach' 'national Code Compliance' 'judicial Review']

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Procedural Posture

Application for Judicial Review of Administrative Decisions / Final Judgment After Urgent Hearing

Legal Issues

  1. 1 ['Whether TEQSA was required by s 9AA(2) of the Education Services for Overseas Students Act 2000 (Cth) to use a risk management approach when considering whether to recommend renewal of registration or addition of the Parramatta location, and whether it did so.' "Whether the object in s 4A(b) of the Education Services for Overseas Students Act 2000 (Cth), to protect and enhance Australia's reputation for quality education and training services, was a mandatory relevant consideration for TEQSA." "Whether TEQSA failed to take into account Raffles' capacity to provide education of a satisfactory standard."]

Ratio Decidendi

TEQSA did not fail to take into account a mandatory relevant consideration because the object in s 4A(b) of the ESOS Act did not impose a freestanding obligation beyond the mandatory matters in s 9AH, and in any event TEQSA considered matters bearing on Raffles' capacity to provide education of a satisfactory standard. TEQSA also complied with s 9AA(2) because its reasons showed that it addressed the risk that Raffles might be unable to comply with its obligations under the ESOS Act and the National Code. The judicial review grounds therefore failed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The Applicant pay the Respondents' costs." 'The Applicant bring in a draft order in the Administrative Appeals Tribunal in the manner foreshadowed at [41] of these reasons within 7 days.']