Philosophi Pty Ltd (Migration)

[2019] AATA 1508

Philosophi Pty Ltd (Migration) [2019] AATA 1508 (14 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Philosophi Pty Ltd

CASE NUMBER:  1908256

DIBP REFERENCE(S):  BCC2019/296883

MEMBER:K. Chapman

DATE:14 May 2019

PLACE OF DECISION:  Brisbane

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

Statement made on 14 May 2019 at 7:23pm

CATCHWORDS
MIGRATION – Employer Nomination – standing for review of decision – applicant company deregistered – cease to exist as a legal entity – No jurisdiction

LEGISLATION
Corporations Act 2001 (Cth), s 601AD
Migration Act 1958 (Cth), ss 140GB, 347
Migration Regulations 1994 (Cth), r 2.72

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 4 April 2019 for review of a decision made by a delegate of the Minister for Immigration to refuse the applicant’s nomination under s.140GB of the Migration Act 1958 (‘the Act’) and r.2.72 of the Migration Regulations 1994 (‘the Regulations’). For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The applicant, Philosophi Pty Ltd, applied for approval on 1 February 2019. That application was refused by the delegate on 14 March 2019. Information from the Australian Securities & Investments Commission (ASIC) register indicates that the applicant company was deregistered on 15 March 2019. 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. In order to afford the applicant natural justice, by correspondence dated 9 April 2019, the Tribunal Registry wrote to the applicant inviting comment by 23 April 2019 on the validity of the application for review. This correspondence outlined that the applicant company was deregistered on 15 March 2019 and as such ceased to exist as a legal entity.  

5. On 11 April 2019 the applicant, through its registered migration agent, responded to the above correspondence confirming that the company is in fact deregistered and that the application is invalid. Further submissions were received on 17 April 2019 reiterating that the application is invalid and requesting the refund of the review application fee. Additional submissions were also received on 8 May 2019 again reiterating that the company is deregistered.  

6. Following careful consideration of the evidence, the Tribunal finds that the applicant company, Philosophi Pty Ltd, has been deregistered and that it has ceased to exist as a legal entity. As such, the application for review is not an application properly made under s.347 of the Act and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   K. Chapman
   Member