Malek Fahd Islamic School Limited and Minister for Education and Training

This matter concerned an application by Malek Fahd Islamic School Limited (the Applicant) for a stay of a decision by the Minister for Education and Training (the Respondent) to revoke the Applicant's approval as an approved authority under the *Australian Education Act 2013* (Cth). The Minister's delegate had made the initial decision on 8 February 2016, finding that the Applicant was conducting the school for profit and was not a fit and proper person, and had also failed to comply with prescribed requirements regarding the use of financial assistance and record-keeping.

The primary legal issue before the Administrative Appeals Tribunal (AAT) was whether it possessed the jurisdiction to grant a stay of the Minister's decision to revoke the Applicant's approval, and if so, whether it should exercise its discretion to grant such a stay. The Applicant sought to continue operating as an approved authority pending the final determination of its review application by the Tribunal.

Deputy President Constance P considered the nature of the decision to revoke approval and its effect on the Applicant's rights. The Deputy President distinguished the present case from situations where a licence or approval expires by its own terms, finding that a revocation decision has an operation capable of being stayed. Applying principles from relevant case law, the Deputy President determined that the Tribunal had the power to grant a stay under section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth). In exercising discretion, the Deputy President weighed factors favouring and mitigating against the grant of a stay, including the promptness of the Applicant's review application and the limited duration for which the stay would likely be in effect.

The Tribunal ordered that the decision of the Minister's delegate be stayed until further order of the Tribunal, conditional upon the Applicant providing specific undertakings. These undertakings included using best endeavours to implement recommendations from a specified report, providing monthly advice on implementation progress, and submitting monthly statements of income and expenditure. The order for the stay was to remain in effect for approximately four months, pending the hearing of the substantive review application.