Koroit Cherry Farm Pty Ltd (Migration)

[2021] AATA 4062

Koroit Cherry Farm Pty Ltd (Migration) [2021] AATA 4062 (13 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Koroit Cherry Farm Pty Ltd

CASE NUMBER:  1838146

HOME AFFAIRS REFERENCE(S):          BCC2017/3376370

MEMBER:Phoebe Dunn

DATE:13 October 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 13 October 2021 at 10:28am

CATCHWORDS

MIGRATION – company has been deregistered- ceased to exist as a legal entity– standing to apply for a review – invalid application for review –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 11 December 2018 made by Koroit Cherry Farm 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 Koroit Cherry Farm Pty Ltd was deregistered on 4 August 2021. 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. In response, the Tribunal received submissions from the applicant, acknowledging that the company had been deregistered and expressing concern and displeasure about the considerable delay in the matter being considered by the Tribunal.  In particular, the applicant notes that the delay in consideration forced the owners of the business to seek employment elsewhere and ultimately close the business and deregister the company as they no longer had the support of the nominee to assist with the business. The Tribunal acknowledges the applicant’s submissions and expresses regret for the delay in the matter being considered by the Tribunal.

5. The Tribunal finds that Koroit Cherry Farm 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.

   Phoebe Dunn
   Member