Cro Travel Pty Ltd and Decision-Maker

Cro Travel Pty Ltd (the applicant) sought judicial review of a decision made by a Decision-Maker (the respondent) concerning the applicant's eligibility for a grant under the COVID-19 Consumer Travel Support Program. The applicant, a travel agency, had applied for the grant, which was intended to assist businesses in the travel sector impacted by the pandemic. The Decision-Maker had refused the application, finding that the applicant did not meet the eligibility criteria.

The primary legal issue before the Administrative Appeals Tribunal was whether the applicant satisfied the definition of a "travel agent" as stipulated in the relevant legislative instrument governing the grant program. Specifically, the Tribunal was required to determine if the applicant's business activities, as presented, constituted the carrying on of a travel agency business for the purposes of the grant.

Deputy President Forgie P reasoned that the legislative instrument required a business to be primarily engaged in the business of arranging travel for consumers. The Tribunal considered the evidence of the applicant's business operations, including the nature of its contracts and the services it provided. It was found that while the applicant facilitated travel arrangements, its primary business activities did not align with the definition of a travel agent under the program's guidelines, as it did not hold the necessary accreditation or operate in a manner consistent with the core functions of a travel agent as contemplated by the legislation.

Consequently, the Tribunal affirmed the Decision-Maker's original decision, finding that the applicant was not eligible for the grant.