Harisheela Pty Ltd (Migration)

[2023] AATA 648

Harisheela Pty Ltd (Migration) [2023] AATA 648 (16 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Harisheela Pty Ltd

CASE NUMBER:  1927389

HOME AFFAIRS REFERENCE(S):          BCC2019/1194299

MEMBER:Alison Mercer

DATE:16 January 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 16 January 2023 at 10:49pm

CATCHWORDS
MIGRATION – Employer Nomination – standing to apply for review – company deregistered – ceases to exist as a legal entity – No jurisdiction

LEGISLATION
Corporations Act 2001 (Cth), s 601AD

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 11 September 2019 made by Harisheela 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 Harisheela Pty Ltd was deregistered on 29 December 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 (Cth). 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. On 21 September 2022, the Tribunal invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered. There was no response to the Tribunal’s letter.

5. The Tribunal finds that Harisheela 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.

   Alison Mercer
   Member