Food & Soul Pty Ltd (Migration)

[2020] AATA 4375

Food & Soul Pty Ltd (Migration) [2020] AATA 4375 (20 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Food & Soul Pty Ltd

CASE NUMBER:  1834307

HOME AFFAIRS REFERENCE(S):          BCC2017/1351611

MEMBER:Jennifer Cripps Watts

DATE:20 October 2020

PLACE OF DECISION:  Sydney, New South Wales

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

Statement made on 20 October 2020 at 6:05pm

CATCHWORDS

MIGRATION – application for approval of nomination of position – sponsoring company deregistered – no standing to apply or continue with application – no response to tribunal’s invitation to comment – decision under review affirmed

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 7 November 2018 made by Food & Soul 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 Food & Soul Pty Ltd was deregistered on 3 April 2020.  There is no evidence before the Tribunal that the company’s registration has been reinstated with ASIC since that time.

3. On 11 September 2020 the Tribunal sent the applicant an email inviting comments, to be provided within 14 days of the date of the email, on the Tribunal’s preliminary view that it does not have jurisdiction because the company, Food & Soul Pty Ltd, has been deregistered. 

4. Reasons were given. The applicant was informed that, generally speaking, a company that is deregistered ceases to exist as a legal entity: s.601AD(1) of the Corporations Act 2001.  And, in addition, that 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.

5. The Tribunal received no response to the to the email sent on 11 September 2020.

6. The Tribunal finds that Food & Soul 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.

   Jennifer Cripps Watts
   Member