Ardenberg Pty Ltd ATF Paul & Vicki Robson Family Trust (Migration)

[2019] AATA 3302

Ardenberg Pty Ltd ATF Paul & Vicki Robson Family Trust (Migration) [2019] AATA 3302 (19 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ardenberg Pty Ltd ATF Paul & Vicki Robson Family Trust

CASE NUMBER:  1838016

HOME AFFAIRS REFERENCE(S):          BCC2017/4932676

MEMBER:Jennifer Cripps Watts

DATE:19 July 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 19 July 2019 at 3:49pm

CATCHWORDS

MIGRATION – nomination – company de-registered – ceased to exist as legal entity – no jurisdiction

CASES

Corporations Act 2001 s.601AD(1)

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 12 December 2018 made by Ardenberg Pty Ltd ATF Paul & Vicki Robson Family Trust (Ardenberg 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 Ardenberg Pty Ltd ATF Paul & Vicki Robson Family Trust was deregistered on 12 March 2019.

3. The applicant applied for review on 27 December 2018 and provided a copy of the delegate’s decision to the Tribunal with their application.  The review application form included information for their migration agent, Aussizz Group in Perth, and an email address for correspondence.  The Tribunal has not been notified that these details have changed and has continued to correspond with the applicant to the email address on the review application form.

4. On 30 April 2019, an email was sent to the applicant by the Tribunal, attaching a letter inviting them to comment on whether a valid application had been made on the basis that Ardenberg Pty Ltd was under external administration with ASIC and that the administration process was finalised on 12 March 2019 and that it appeared the applicant had ceased to exist, meaning the Tribunal would no longer have jurisdiction in their matter.  They were informed that their comments were required by 15 May 2019.  The Tribunal received no response.

5. There is no evidence before the Tribunal that the company’s registration has been reinstated with ASIC since 12 March 2019.

6. 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.

7. The Tribunal finds that Ardenberg 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

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

   Jennifer Cripps Watts
   Member