M&S Berry Me Pty Ltd (Migration)

[2023] AATA 2971

M&S Berry Me Pty Ltd (Migration) [2023] AATA 2971 (5 September 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  M&S Berry Me Pty Ltd

CASE NUMBER:  2002389

HOME AFFAIRS REFERENCE(S):          bcc2019/5712982

MEMBER:Antonio Dronjic

DATE:5 September 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 05 September 2023 at 11:32am

CATCHWORDS

MIGRATION – nomination of a position – applicant business deregistered – no standing to continue with application for review – no legal entity – no jurisdiction        

LEGISLATION

Corporations Act 2001, s 601
Migration Act 1958
Migration Regulations 1994

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 22 January 2020 made by M&S Berry Me 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 M&S Berry Me Pty Ltd was deregistered on 18 December 2022. 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. There was no response to the Tribunal’s letter.

5. The Tribunal finds that M&S Berry Me 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.

   Antonio Dronjic
   Member