Moira Macs Unit Trust (Migration)

[2021] AATA 1214

Moira Macs Unit Trust (Migration) [2021] AATA 1214 (31 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Moira Macs Unit Trust

CASE NUMBER:  1816555

HOME AFFAIRS REFERENCE(S):          BCC2016/3352209

MEMBER:Jane Bell

DATE:31 March 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 31 March 2021 at 6:46pm

CATCHWORDS
MIGRATION – application for approval of nomination of position – nominating company reregistered – no response to tribunal’s invitation to comment – attempt to withdraw review application cannot be accepted – no jurisdiction

LEGISLATION
Corporations Act 2001 (Cth), 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 24 May 2018 made by Moira Macs Unit Trust. 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 Moira Macs Unit Trust was deregistered on 25 November 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. 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.  The Tribunal received an attempt from the applicant to withdraw its review application. The Tribunal cannot accept a withdrawal of the review application where it has no jurisdiction in the matter.  

5. The Tribunal finds that Moira Macs Unit Trust 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.

   Jane Bell
   Member