Chong Co Woden Australia Pty Ltd (Migration)

[2021] AATA 352

Chong Co Woden Australia Pty Ltd (Migration) [2021] AATA 352 (8 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Chong Co Woden Australia Pty Ltd

CASE NUMBER:  1816596

HOME AFFAIRS REFERENCE(S):          BCC2017/2290941

MEMBER:Bridget Cullen

DATE:8 February 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 8 February 2021 at 10.19am

CATCHWORDS
MIGRATION – application for nomination of position – nominating company deregistered – no jurisdiction

LEGISLATION

Corporations Act 2001 (Cth), 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 17 May 2018 made by Chong Co Woden Australia 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 Chong Co Woden Australia Pty Ltd was deregistered on 6 December 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. The Tribunal invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered. The only response the Tribunal received was an email from the applicant’s representative that they were intending on withdrawing the application. As the Tribunal cannot accept a withdrawal on a matter where it has no jurisdiction, the Tribunal has considered it appropriate to proceed to decision.

5. The Tribunal finds that Chong Co Woden Australia 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.

   Bridget Cullen
   Member