Dab Trading Pty Ltd Aft the Dab Trading Unit Trust (Migration)

[2021] AATA 1312

Dab Trading Pty Ltd Aft the Dab Trading Unit Trust (Migration) [2021] AATA 1312 (23 February 2021)

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DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Dab Trading Pty Ltd Aft the Dab Trading Unit Trust

CASE NUMBER:  1823300

HOME AFFAIRS REFERENCE(S):          BCC2016/4005656

MEMBER:Cathrine Burnett-Wake

DATE:23 February 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 23 February 2021 at 11:11am

CATCHWORDS

MIGRATION – company has been deregistered- ceased to exist as a legal entity– standing to apply for a review –no jurisdiction

LEGISLATION

Corporations Act 2001, 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 31 July 2018 made by Dab Trading Pty Ltd Aft the Dab Trading Unit Trust. 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 Dab Trading Pty Ltd Aft the Dab Trading Unit Trust was deregistered on 17 September 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. In response, the Tribunal received an email from the applicant’s representative which outlined that the applicant had not responded, however, they checked the ABN look up website which confirmed the ABN for the Trustee was cancelled.

5. The Tribunal finds that Dab Trading Pty Ltd Aft the Dab Trading Unit Trust 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.

   Cathrine Burnett-Wake
   Member