Cairnsupa Pty Ltd ATF Cairnsupa No 2 Trust (Migration)

[2020] AATA 2845

Cairnsupa Pty Ltd ATF Cairnsupa No 2 Trust (Migration) [2020] AATA 2845 (2 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Cairnsupa Pty Ltd ATF Cairnsupa No 2 Trust

CASE NUMBER:  1732668

HOME AFFAIRS REFERENCE(S):          BCC2016/2619566

MEMBER:Mr S Norman

DATE:02 June 2020

PLACE OF DECISION:  Sydney

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

Statement made on 02 June 2020 at 2:05pm

CATCHWORDS
MIGRATION – nomination – company had ceased to exist– company was no longer registered– not a valid application for review – no jurisdiction

LEGISLATION
Corporations Act 2001, 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 12 December 2017, and lodged by Cairnsupa Pty Ltd ATF Cairnsupa No 2 Trust. For the following reasons, the Tribunal finds that it does not have jurisdiction.

2. Information before the Tribunal was that Cairnsupa Pty Ltd ATF Cairnsupa No 2 Trust was now deregistered. There is no evidence 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 pursued by the relevant sponsor or nominator, the effect of deregistration is that there is no longer a person who has standing to continue with an application for review.

4. With the Tribunal, the applicant had lodged evidence the applicant company had been deregistered prior to the Tribunal hearing. For instance, by migration agent letter dated 14 February 2020, the Tribunal was advised the applicant company ceased as there was a change of directors (at hearing it was said a prior director had retired – and due to the terms of a related franchise agreement, a new company was established); and that the applicant company had been deregistered.

5. At hearing, a ‘spokesperson’ for the (applicant) company conceded inter alia the company was no longer registered. The Tribunal then invited comments on its preliminary view that (words to the effect) it did not have jurisdiction because the company had been deregistered. In response, the spokesperson referred to the fact the company was in existence at the time of the Department delegate’s decision and at the time the merits review application was lodged. However, the spokesperson again conceded the company had ceased to exist at the time of the Tribunal hearing.

6. That being said, the Tribunal finds that Cairnsupa Pty Ltd ATF Cairnsupa No 2 Trust has been deregistered and that it has ceased to exist as a legal entity. Accordingly, and as indicated at the hearing, it follows that there is no longer a valid application for review.

   DECISION

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

   Mr S Norman
   Member