Australia's Cheapest Travel Pty Ltd (Migration)

This matter concerned an appeal by Australia's Cheapest Travel Pty Ltd against a decision to refuse its nomination for a position under the Direct Entry stream of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant met all the requirements stipulated in regulation 5.19(4) for the approval of the nomination.

The primary legal issues before the Tribunal were whether the nominator was actively and lawfully operating a business in Australia, and whether the proposed employment met the specified duration and terms. Specifically, the Tribunal considered regulation 5.19(4)(b), which requires the nominator to be actively and lawfully operating a business, and regulation 5.19(4)(d), which mandates that the employee will be employed full-time for at least two years with no express exclusion of an extension.

The Tribunal found that while the nomination application itself was compliant under regulation 5.19(4)(a), there was insufficient evidence to satisfy regulation 5.19(4)(b). The nominator had not provided updated information since April 2018, and the Tribunal could not be satisfied that the business was still actively and lawfully operating as at December 2020. Furthermore, the Tribunal noted a lack of updated financial information and employment contract details, which prevented it from being satisfied that the requirement under regulation 5.19(4)(d) regarding the term of employment could be met. Consequently, the Tribunal affirmed the decision to refuse the nomination.