AI SCRIPT Pty Ltd (Migration)

[2022] AATA 242

AI SCRIPT Pty Ltd (Migration) [2022] AATA 242 (31 January 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  AI SCRIPT Pty Ltd

REPRESENTATIVE:  Mr Brian K. Park (MARN: 0960412)

CASE NUMBER:  1926951

HOME AFFAIRS REFERENCE(S):          BCC2019/2899781

MEMBER:Andrew George

DATE:31 January 2021

PLACE OF DECISION:  Darwin

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

Statement made on 31 January 2022 at 3:09pm

CATCHWORDS

MIGRATION – approval of a nomination – company deregistered – no standing to apply for review – no jurisdiction

LEGISLATION

Corporations Act 2001, s 601AD
Migration Act 1958
Migration Regulations 1994

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 Home Affairs on 5 September 2019 made by AI SCRIPT 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 AI SCRIPT Pty Ltd was deregistered on 17 October 2021. 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 (Cth). 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 AI SCRIPT 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.

   Andrew George
   Member