GAP & POR PTY LTD (Migration)

[2020] AATA 1356

GAP & POR PTY LTD (Migration) [2020] AATA 1356 (13 February 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  GAP & POR PTY LTD

CASE NUMBER:  1724065

HOME AFFAIRS REFERENCE(S):          BCC2016/3747045

MEMBER:Amanda Mendes Da Costa

DATE:13 February 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 13 February 2020 at 12:57pm

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, s 65

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 Immigration and Border Protection on 26 September 2017 made by GAP & POR 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 GAP & POR PTY LTD was deregistered on 7 July 2019. 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 dated 11 February 2020 from the applicant’s registered migration agent, advising that they had been unable to contact the applicant about the matter.

5. The Tribunal finds that GAP & POR 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.

   Amanda Mendes Da Costa
   Member