Education Australia Pty Ltd v Commonwealth of Australia- Ling v Commonwealth of Australia

Education Australia Pty Ltd and Mr Ling (the applicants) sought judicial review of a decision by the Commonwealth of Australia (the respondent) to refuse to grant them a licence to operate a private higher education institution. The applicants had applied for a licence under the *Higher Education Support Act 2003* (Cth) (the Act). The respondent's decision was made by the Minister for Education, Science and Training. The matter came before the High Court of Australia.

The primary legal issue before the High Court was whether the Minister's decision to refuse the licence was affected by an error of law, specifically whether the Minister had failed to take into account a relevant consideration or had taken into account an irrelevant consideration when making the decision. The applicants argued that the Minister had failed to consider the financial viability of their proposed institution, a factor they contended was relevant under the Act and its associated regulations.

McHugh J, in his judgment, considered the provisions of the *Higher Education Support Act 2003* and the *Administrative Decisions (Judicial Review) Act 1977* (Cth). His Honour found that the Act did not mandate that the Minister must consider the financial viability of an applicant when determining whether to grant a licence. While financial viability might be a relevant consideration in a broader sense for the operation of a higher education institution, the specific statutory framework did not require it to be a determinative factor in the licensing process. Therefore, the Minister's failure to consider this aspect did not constitute an error of law.

The application for judicial review was dismissed.