OZ OCEANIA TOURS PTY LTD (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by OZ OCEANIA TOURS PTY LTD seeking to nominate Myeong Sun Shin for the occupation of Travel Agency Manager. The applicant sought to overturn a decision to refuse the nomination. The Tribunal had requested further information from the applicant on multiple occasions, including details of the nominator's financial position, location, and job advertisements, but the applicant failed to provide the requested information by the stipulated deadlines, thereby losing the opportunity to present arguments at a hearing.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under the Direct Entry stream, as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to determine if the nominator was actively and lawfully operating a business, had a satisfactory financial capacity, and if the proposed employment met the specified criteria. The Tribunal noted the absence of updated financial information regarding the applicant's business performance at the time of the decision.

The Tribunal reasoned that the applicant had not provided sufficient evidence to satisfy the criteria under regulation 5.19(4). Despite the proposed salary for the nominee being significant, there was no evidence of the applicant's financial capacity, particularly in light of indications that the business had traded at a significant loss and resorted to borrowing. The Tribunal also noted the lack of evidence supporting the stated salary, such as a remuneration survey. As the applicant failed to provide crucial financial and operational information requested by the Tribunal, and did not meet the requirements of the Temporary Residence Transition Nomination stream, the Tribunal was not satisfied that the nomination could be approved.

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