Sher-E-Punjab Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Sher-E-Punjab Pty Ltd (SPI) to the Administrative Appeals Tribunal for a stay of decisions made by the Australian Skills Quality Authority (ASQA). The ASQA had decided to revoke SPI's registration as a Registered Training Organisation (RTO) and a CRICOS provider. SPI sought to continue operating while it pursued a review of the ASQA's decisions.

The primary legal issue before the Tribunal was whether it was desirable to revoke the stay it had previously granted, thereby allowing the ASQA's cancellation decisions to take effect. In determining this, the Tribunal considered various factors, including the prospects of success of SPI's substantive application, the potential impact on SPI's current employees and financial position, and the public interest.

The Tribunal reasoned that while the potential financial losses for SPI and the impact on its employees weighed in favour of continuing the stay, these considerations were outweighed by other factors. Crucially, the Tribunal formed an impression that SPI's prospects of success in its substantive application were low, given allegations of providing false and misleading documents to ASQA, failing to meet RTO requirements, and not cooperating with the VET Regulator. The Tribunal also considered the public interest in preventing approximately 460 students from receiving potentially devalued qualifications and protecting the reputation of the vocational education and training sector.

The Tribunal ordered that the stay be revoked, with the revocation to take effect on 29 January 2018. This meant that the cancellation of SPI's registration under the National Vocational Education and Training Regulator Act 2011 and the Education Services for Overseas Students Act 2000 would become effective on that date.