MOU FASHION PTY LTD (Migration)

[2021] AATA 4846

MOU FASHION PTY LTD (Migration) [2021] AATA 4846 (9 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  MOU FASHION PTY LTD

CASE NUMBER:  1907481

HOME AFFAIRS REFERENCE(S):          BCC2017/3761902

MEMBER:Denise Connolly

DATE:9 November 2021

PLACE OF DECISION:  Sydney

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

Statement made on 09 November 2021 at 10:46am

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 8 March 2019 made by MOU FASHION 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 MOU FASHION PTY LTD was deregistered on 28 May 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 acknowledgement from the representative that the company was deregistered.  

5. The Tribunal finds that MOU FASHION 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.

   Denise Connolly
   Member