Liang International Finance Investment Pty Ltd (Migration)

[2022] AATA 3231

Liang International Finance Investment Pty Ltd (Migration) [2022] AATA 3231 (13 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Liang International Finance Investment Pty Ltd

REPRESENTATIVE:  Miss Sha Lu (MARN: 1790876)

CASE NUMBER:  1921155

HOME AFFAIRS REFERENCE(S):          BCC2018/5749243

MEMBER:De-Anne Kelly

DATE:13 September 2022

PLACE OF DECISION:  Brisbane

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

Statement made on 13 September 2022 at 3:20pm

CATCHWORDS
MIGRATION – application for approval of nomination of position – applicant company deregistered – no response to tribunal’s invitation to comment – 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 18 July 2019 made by Liang International Finance Investment 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 Liang International Finance Investment Pty Ltd was deregistered on 19 April 2019.  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 5 August 2022 to be submitted by 19 August 2022 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 Liang International Finance Investment 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.

   De-Anne Kelly
   Member