Mander Operations Pty Ltd (Migration)

[2022] AATA 2775

Mander Operations Pty Ltd (Migration) [2022] AATA 2775 (19 January 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mander Operations Pty Ltd

REPRESENTATIVE:  Mr Ged Boylan (MARN: 9791459)

CASE NUMBER:  1808807

HOME AFFAIRS REFERENCE(S):          BCC2017/4197538

MEMBER:Katie Malyon

DATE:19 January 2022

PLACE OF DECISION:  Sydney

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

Statement made on 19 January 2022 at 2:01 pm

CATCHWORDS
MIGRATION – Employer Nomination – standing to apply for review – company deregistered – ceases to exist as a legal entity – No jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth), s 2A
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 13 March 2018 to refuse an application for nomination made by Mander Operations Pty Ltd (the Company) for the position of Cook.  For the following reasons, the Tribunal finds that it does not have jurisdiction in this matter.

2. Information from the Australian Securities & Investments Commission (ASIC) register shows that the Company was deregistered on 6 September 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.  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 17 November 2021, the Tribunal invited comments on its preliminary view that it did not have jurisdiction because the Company had been deregistered by ASIC.  The representative requested an extension of time to respond to the Tribunal’s letter.  An extension of time was granted to 17 December 2021.  On 23 December 2021, the Tribunal received an email from the representative noting the Company’s director Kuldeep Singh is pursing legal action in relation to the Company’s bankruptcy and, further, that Mr Singh understands the Company’s application for review may not be successful due to its deregistration.  The Tribunal has considered this response.

5. As at the date of this decision, the Tribunal has established that the Company is deregistered. Consistent with its statutory objective in s.2A of the Administrative Appeals Tribunal Act, the Tribunal is required to make decisions which, in alia, are quick.  In the circumstances, the Tribunal finds that the Company 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.

   Katie Malyon

   
   Member