HOFBRAEUHAUS PTY LTD (Migration)

[2024] AATA 3410

HOFBRAEUHAUS PTY LTD (Migration) [2024] AATA 3410 (23 August 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  HOFBRAEUHAUS PTY LTD

REPRESENTATIVE:  Mr George Botros

CASE NUMBER:  2214873

HOME AFFAIRS REFERENCE(S):          BCC2021/949527

MEMBER:Naomi Schmitz

DATE:23 August 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 23 August 2024 at 2:58pm

CATCHWORDS
MIGRATION – Employer Nomination – standing to apply for review – company deregistered – no longer a valid application for review – 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 20 September 2022 made by HOFBRAEUHAUS 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 HOFBRAEUHAUS PTY LTD was deregistered on 14 January 2024. 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. 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 HOFBRAEUHAUS 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.

   Naomi Schmitz
   Member