Malek Fahd Islamic School Ltd v Minister for Education and Training (No 2)

Malek Fahd Islamic School Limited (MFISL) is challenging a decision by the Minister for Education and Training to delay making further payments of financial assistance to New South Wales in respect of the School. The matter was heard by the Full Court of the Federal Court of Australia, which reserved its decision on 17 May 2017. The applicant argued that the delegate failed to take into account a mandatory relevant consideration in the exercise of her power under s 110(1)(c) of the Australian Education Act 2013 (Cth), being the effect of delaying the Commonwealth’s provision of funds on students at the School. This was the central issue the court was required to decide. The Minister had conceded that the consideration was mandatory, and the court found that the delegate did not take this consideration into account. The Full Court set aside the delegate’s decision with effect from 6 April 2017 and ordered the Minister to pay the applicant’s costs of and incidental to the proceeding.