COMBINE HOLDINGS PTY LTD (Migration)

[2021] AATA 716

COMBINE HOLDINGS PTY LTD (Migration) [2021] AATA 716 (16 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  COMBINE HOLDINGS PTY LTD

CASE NUMBER:  1918984

HOME AFFAIRS REFERENCE(S):          BCC2017/349653

MEMBER:Alan McMurran

DATE:16 March 2021

PLACE OF DECISION:  Sydney

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

Statement made on 16 March 2021 at 3:26pm

CATCHWORDS
MIGRATION – standing to apply – sponsoring or nominating company deregistered – no response to tribunal’s invitation to comment – no valid application – 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 25 June 2019 made by COMBINE HOLDINGS 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 COMBINE HOLDINGS PTY LTD was deregistered on13 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. On 9 February 2021,the Tribunal sent an email to the applicant and invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered.

5. There was no response to the Tribunal’s email.

6. The Tribunal finds that COMBINE HOLDINGS 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

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

   Alan McMurran
   Member