HQ Finance Pty Ltd (Migration)

[2021] AATA 2190

HQ Finance Pty Ltd (Migration) [2021] AATA 2190 (15 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  HQ Finance Pty Ltd

CASE NUMBER:  1900496

HOME AFFAIRS REFERENCE(S):          BCC2017/2341173

MEMBER:Mr S Norman

DATE:15 June 2021

PLACE OF DECISION:  Sydney

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

Statement made on 15 June 2021 at 12:34pm

CATCHWORDS
MIGRATION – application for approval of nomination of position – nominating company deregistered – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Corporations Act 2001 (Cth), s 601AD(1)

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 19 December 2018 made by HQ Finance 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 HQ Finance Pty Ltd was deregistered on 28 September 2020. 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. 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. By email dated 4 March 2021, 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 request either within the time allowed, or as at the date of this decision.

5. The Tribunal finds that HQ Finance 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.

   Mr S Norman
   Member