Hogs Breath Cafe Eaton Pty Ltd (Migration)

[2021] AATA 5495

Hogs Breath Cafe Eaton Pty Ltd (Migration) [2021] AATA 5495 (15 September 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Hogs Breath Cafe Eaton Pty Ltd

CASE NUMBER:  1902211

HOME AFFAIRS REFERENCE(S):          BCC2018/1086207

MEMBER:Bridget Cullen

DATE:15 September 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 15 September 2021 at 3.48pm

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 16 January 2019 made by Hogs Breath Cafe Eaton 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 Hogs Breath Cafe Eaton Pty Ltd was deregistered on 24 July 2021.

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. In response, the Tribunal received an attempt to withdraw the application. As the Tribunal has no jurisdiction, it is unable to accept a withdrawal.

5. The Tribunal finds that Hogs Breath Cafe Eaton 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.

   Bridget Cullen
   Member