Campbell St Autos Pty, Ltd (Migration)

[2021] AATA 2392

Campbell St Autos Pty, Ltd (Migration) [2021] AATA 2392 (18 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Campbell St Autos Pty, Ltd

CASE NUMBER:  1822245

HOME AFFAIRS REFERENCE(S):          BCC2016/2833383

MEMBER:Mr S Norman

DATE:18 June 2021

PLACE OF DECISION:  Sydney

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

Statement made on 18 June 2021 at 11:31am

CATCHWORDS

MIGRATION – approval of a nomination – sponsor deregistered – legal entity – no standing to continue with 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 Home Affairs on 12 July 2018 made by Campbell St Autos 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 Campbell St Autos Pty, Ltd was deregistered on 17 October 2020. 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. By email dated 26 May 2021, 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 either within the time allowed, or as at the time and date of this decision.   

5. The Tribunal finds that Campbell St Autos 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.

   Mr S Norman
   Member