PRO Group Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by PRO Group Pty Ltd (the applicant) for registration as a CRICOS provider under the *Education Services for Overseas Students Act 2000* (ESOS Act). The Australian Skills Quality Authority (the respondent) had rejected the applicant's application. The applicant sought review of the respondent's decision before the Tribunal.

The legal issues before the Tribunal were whether the applicant's application, having been brought into compliance with the National Code, met the registration requirements under section 11(e)(i) of the ESOS Act. Specifically, the Tribunal was required to determine if it had any reason to believe that the applicant did not have the clearly demonstrated capacity to provide education of a satisfactory standard, notwithstanding its eventual compliance on paper.

The Tribunal considered the applicant's numerous attempts to achieve compliance with the National Code, finding this history to be a relevant factor in assessing the applicant's capacity under section 11(e)(i) of the ESOS Act. While acknowledging that a "risk management approach" does not necessitate zero risk, the Tribunal concluded that the applicant's prior difficulties in its application process indicated some level of risk. The Tribunal affirmed the respondent's decision to reject the applicant's CRICOS registration.