Ayurveda College Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Ayurveda College Pty Ltd (Ayurveda) to review a decision by the Australian Skills Quality Authority (ASQA) to suspend its registration as a CRICOS provider. ASQA's decision was prompted by allegations of inappropriate conduct by Ayurveda and its CEO towards overseas students and staff, and concerns about Ayurveda's compliance with the National Code of Practice for Providers of Education and Training to Overseas Students 2018. The case was heard by K. Parker SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ayurveda was a "fit and proper person" to be registered as a CRICOS provider, and whether it had failed to comply with specific standards of the National Code. ASQA contended that these failures warranted the cancellation of Ayurveda's registration.

The Tribunal considered evidence from numerous witnesses, including former students and current staff, and voluminous documentation. While acknowledging ASQA's concerns and some non-compliances, the Tribunal found that the decision to suspend Ayurveda's registration was not appropriate in all the circumstances. Applying the provisions of the *Education Services for Overseas Students Act 2000* (Cth) and the National Code, the Tribunal determined that the evidence did not support the complete cancellation of registration.

Consequently, the Tribunal set aside ASQA's decision to suspend Ayurveda's registration. In substitution, the Tribunal imposed several conditions on Ayurveda's registration as a CRICOS provider, effective immediately, pursuant to section 83(3)(a) of the *Education Services for Overseas Students Act 2000*.