5 STARS MERIDIAN MASSAGE PTY LTD (Migration)

[2019] AATA 2085

5 STARS MERIDIAN MASSAGE PTY LTD (Migration) [2019] AATA 2085 (7 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  5 STARS MERIDIAN MASSAGE PTY LTD

CASE NUMBER:  1730654

HOME AFFAIRS REFERENCE(S):           BCC2017/4263090 CLF2018/611

MEMBER:David McCulloch

DATE:7 March 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 07 March 2019 at 2:23pm

CATCHWORDS
MIGRATION – Employer Nomination – standing to apply for review – sponsoring company deregistered – cease to exist as a legal entity – No jurisdiction

LEGISLATION
Corporations Act 2001 (Cth), s 601AD

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection on 17 November 2017 made by 5 STARS MERIDIAN MASSAGE PTY LTD. For the following reasons, the Tribunal finds that it does not have jurisdiction.

2. Information from the Australian Securities & Investments Commission (ASIC) register shows that 5 STARS MERIDIAN MASSAGE PTY LTD was deregistered on 28 October 2018. There is no evidence before the Tribunal that the company’s registration has been reinstated with ASIC since that time.

3. Generally speaking, a company that is deregistered ceases to exist as a legal entity: s.601AD(1) of the Corporations Act 2001. As an application for review of this type may only be made by the relevant sponsor or nominator, the effect of deregistration is that there is no longer a person who has standing to apply for, or continue with, an application for review.

4. The Tribunal invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered. There was no response to the Tribunal’s letter.

5. The Tribunal finds that 5 STARS MERIDIAN MASSAGE PTY LTD has been deregistered and that it has ceased to exist as a legal entity. Accordingly, it follows that there is no longer a valid application for review.

   DECISION

6. The Tribunal does not have jurisdiction in this matter.

   David McCulloch
   Member