BN Hospitality Pty Ltd (Migration)

[2022] AATA 2018

BN Hospitality Pty Ltd (Migration) [2022] AATA 2018 (13 May 2022)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  BN Hospitality Pty Ltd

REPRESENTATIVE:  Mr Rex Howard (MARN: 9251016)

CASE NUMBER:  1910488

HOME AFFAIRS REFERENCE(S):           BCC2017/1059354

MEMBER:  Mary Sheargold

DATE:  13 May 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 13 May 2022 at 2:25pm

CATCHWORDS

MIGRATION – Employer Nomination – standing to apply for review – company deregistered – ceases 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 Home Affairs on 8 April 2019 made by BN Hospitality Pty Ltd. For the following reasons, the Tribunal finds that it does not have jurisdiction.

1. Information from the Australian Securities & Investments Commission (ASIC) register shows that BN Hospitality Pty Ltd was deregistered on 15 November 2020. There is no evidence before the Tribunal that the company’s registration has been reinstated with ASIC since that time.

1. 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.

1. The Tribunal invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered. In response, on 8 April 2022, the Tribunal received a note from the applicant’s representative confirming that the company had been deregistered and that no further instructions had been given by the applicant’s directors.

1. The Tribunal finds that BN Hospitality 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

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

Mary Sheargold Member

Case Number 1910488  Page 2 of 2