G K Restaurants Pty Ltd (Migration)

[2021] AATA 2142

G K Restaurants Pty Ltd (Migration) [2021] AATA 2142 (24 May 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  G K Restaurants Pty Ltd

CASE NUMBER:  1829165

HOME AFFAIRS REFERENCE(S):          BCC2017/402348

MEMBER:Phoebe Dunn

DATE:24 May 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 24 May 2021 at 4:54pm

CATCHWORDS

MIGRATION – nomination of a position (employer nomination) – business deregistered – no longer a legal entity to continue with the review – no jurisdiction

LEGISLATION

Corporations Act 2001, s 601AD(1)
Migration Act 1958

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 18 September 2018 made by G K Restaurants 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 G K Restaurants Pty Ltd was deregistered on 25 May 2021. 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 29 April 2021, the Tribunal invited written comments within 14 days on its preliminary view that it did not have jurisdiction because the company had been deregistered. In response, the applicant’s representative stated in an email dated 13 May 2021 that ‘we tried to reach the client but unfortunately, we are not getting any answer from them’. 

5. A search of the ASIC register undertaken on 24 May 2021, shows that the company remains deregistered.  Records from the Australian Business Register show that the Australian Business Number associated with the company was cancelled from 1 April 2021.

6. On the basis of this information, the Tribunal finds that G K Restaurants 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.

   Phoebe Dunn
   Member