Goraya v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCCA 179

FEDERAL CIRCUIT COURT OF AUSTRALIA

Goraya v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 179

File number(s):	BRG 444 of 2020
Judgment of:	JUDGE EGAN
Date of judgment:	27 January 2021
Catchwords:	MIGRATION – De-registration of a corporation – no evidence of re-registration – lack of capacity on the part of the applicant to bring application in his own right – application dismissed.
Legislation:	Corporation Act 2001 (Cth), s 601AD(1).
Number of paragraphs:	5
Date of last submission/s:	27 January 2021
Date of hearing:	27 January 2021
Place:	Brisbane
Applicant:	There being no appearance by or on behalf of the Applicant
Solicitor for the First Respondent:	Ms Topham of Minter Ellison
Second Respondent:	Submitting appearance save as to costs

ORDERS

BRG 444 of 2020

BETWEEN:

AMANDEEP SINGH GORAYA

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE EGAN
DATE OF ORDER:	27 JANUARY 2021

THE COURT ORDERS THAT:

1.The First Respondent’s Application in a Case filed on 23 October 2020 be granted.

2.The Originating Application for Review filed on 11 August 2020 be dismissed pursuant to the provisions of r. 13.10(a) of the Federal Circuit Court Rules 2001 (Cth).

3.The Applicant pay the First Respondent’s costs of and incidental to the Application for Review fixed in the amount of $3,737.00.

EX TEMPORE REASONS FOR JUDGMENT

JUDGE EGAN:

1. In this matter, the Administrative Appeals Tribunal (‘the Tribunal’) handed down a decision on 14 July 2020. That decision provided that the Tribunal did not have jurisdiction to hear the application before it. 

2. The basis on which the Tribunal found that it had no jurisdiction to hear the matter before it was that the applicant was formerly an incorporated company which had been deregistered on 15 December 2019. The Tribunal found that there was no evidence before it that the company’s registration had been reinstated at the time of the hearing before it. Reference was made by the Tribunal to the provisions of s. 601AD(1) of the Corporations Act 2001 (Cth) for the purpose of indicating that a deregistered company ceases to exist as a legal entity upon deregistration. No evidence had been put before this court as to the re-registration of the purported applicant.

3. The Court agrees with the Tribunal on the question as to whether the Tribunal had jurisdiction to hear the application before it in the light of de-registration of the applicant. 

4. The Court finds that the applicant lacked capacity to make any application for and on behalf of the deregistered company in such circumstances.

5. The application before the court is without merit in all respects and is dismissed.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan.

Associate:

Dated:       27 January 2021