Live It Travel Pty Ltd (Migration)

This matter concerned an appeal by Live It Travel Pty Ltd against a decision to refuse its nomination of a position for a Travel Agency Manager under the Direct Entry Nomination stream. The core of the dispute revolved around whether the nominated position was genuinely required and distinct from existing roles within the company, particularly the General Manager position held by Ms Dever.

The Tribunal was required to determine whether the nominated Travel Agency Manager position met the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether there was a genuine need for the nominator to employ a paid employee to work in the nominated position under the nominator’s direct control, and whether the tasks of the nominated position corresponded to the ANZSCO occupation of Travel Agency Manager and were not already fully encompassed by the General Manager role.

The Tribunal reasoned that it was not feasible for two senior management positions, the General Manager and the nominated Travel Agency Manager, to have overlapping tasks and responsibilities, especially given the financial implications for the business. The applicant had submitted that the General Manager undertook all the tasks listed in ANZSCO for that role, including organising and controlling day-to-day operations, formulating and implementing marketing policies, and setting prices. The Tribunal found that these tasks, when undertaken by the General Manager, meant that the nominated Travel Agency Manager position did not have a distinct set of responsibilities that could be attributed to it, as the General Manager already fulfilled them. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.