BJSB Pty Ltd (t/a The Imperial College of Australia) and Australian Skills Quality Authority

BJSB Pty Ltd, trading as The Imperial College of Australia, sought a stay of decisions made by the Australian Skills Quality Authority. The Authority had refused to renew BJSB Pty Ltd's registration as a registered training organisation and a CRICOS provider. The application for a stay was heard by Dr Damien Cremean, Senior Member, of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether it had the power under section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth) to grant a stay of the Authority's decisions. This required the Tribunal to consider the relevant factors for determining whether a stay should be granted in the circumstances of the case.

The Senior Member was satisfied that section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth) conferred the necessary power to grant a stay. In reaching this conclusion, the Senior Member considered all the circumstances of the matter. Consequently, the Tribunal ordered that the Australian Skills Quality Authority's decisions dated 12 December 2018 be stayed until the Tribunal's final decision on the applications for review came into operation.