Heritage Import and Export Pty Ltd (Migration)

[2022] AATA 1725

Heritage Import and Export Pty Ltd (Migration) [2022] AATA 1725 (30 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Heritage Import and Export Pty Ltd

REPRESENTATIVE:  Mr Pargat Singh Boparai (MARN: 1574012)

CASE NUMBER:  1918156

HOME AFFAIRS REFERENCE(S):          BCC2018/870891

MEMBER:Mary Sheargold

DATE:30 May 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 30 May 2022 at 7:24am

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 601D

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 20 June 2019 made by Heritage Import and Export 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 Heritage Import and Export Pty Ltd was deregistered on 8 April 2022.  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 9 May 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 Heritage Import and Export 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.

   Mary Sheargold
   Member