J & C Bricklayers Pty Ltd (Migration)

[2020] AATA 5912

J & C Bricklayers Pty Ltd (Migration) [2020] AATA 5912 (30 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  J & C Bricklayers Pty Ltd

CASE NUMBER:  1825448

HOME AFFAIRS REFERENCE(S):          BCC2018/394134

MEMBER:Jennifer Cripps Watts

DATE:30 October 2020

PLACE OF DECISION:  Sydney

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

Statement made on 30 October 2020 at 2:25pm

CATCHWORDS
MIGRATION – nomination – company has been deregistered–ceased to exist as a legal entity­– invalid application– no jurisdiction

LEGISLATION
Corporations Act 2001, 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 16 August 2018 made by J & C Bricklayers Pty Ltd (the company). 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 J & C Bricklayers Pty Ltd was deregistered on 12 July 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. On 11 September 2020, the Tribunal invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered.  While there followed some correspondence from the migration agent concerning to the visa applicant (related to the nomination), and an email indicating a response from the review applicant company would be forthcoming, no further response was received.

5. The Tribunal finds that J & C Bricklayers 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.

   Jennifer Cripps Watts
   Member