Paradise Collections Pty Ltd (Migration)

[2022] AATA 2782

Paradise Collections Pty Ltd (Migration) [2022] AATA 2782 (19 January 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Paradise Collections Pty Ltd

REPRESENTATIVE:  Mr Sourabh Aggarwal (MARN: 1462159)

CASE NUMBER:  1901055

HOME AFFAIRS REFERENCE(S):          BCC2017/1900058

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 2:20 pm

CATCHWORDS
MIGRATION – Employer Nomination – standing to apply for review – company deregistered – ceases to exist as a legal entity – 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 28 December 2018 to refuse a nomination application made by Paradise Collections Pty Ltd (the Company) for the position of Conference and Event Organiser in respect of its nominee Harpreet Kaur.  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 16 October 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 relevantly, continue with, an application for review.

4. On 23 November 2021, the Tribunal invited comments from the Company via its representative on the Tribunal’s preliminary view that it did not have jurisdiction because the Company had been deregistered.  There has been no response to the Tribunal’s letter.

5. The Tribunal finds that the Company 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.

   Katie Malyon

   
   Member