R&J Enterprises Pty. Ltd. (Migration)

[2020] AATA 1899

R&J Enterprises Pty. Ltd. (Migration) [2020] AATA 1899 (15 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  R&J Enterprises Pty. Ltd.

CASE NUMBER:  1825422

HOME AFFAIRS REFERENCE(S):          BCC2017/2393159

MEMBER:Peter Ranson

DATE:15 May 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 15 May 2020 at 3:34pm

CATCHWORDS

MIGRATION – applicant’s standing to apply – company deregistered – representative unable to contact client – no jurisdiction

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application by R&J Enterprises Pty. Ltd. ACN 607 136 943 (the Applicant) for review of a decision made on 10 August 2018 by a delegate of the Minister for Home Affairs. For the following reasons, the Tribunal finds it does not have jurisdiction.

2. Information obtained from the Australian Securities & Investments Commission (ASIC) online register shows the Applicant was deregistered on 8 December 2019. Generally speaking, a deregistered company ceases to exist as a legal entity.[1] As an application for review of this type may only be made by the relevant sponsor or nominator, the effect of deregistration is there is no longer a person who has standing to apply for, or continue with, an application for review.

   [1] s.601AD(1) of the Corporations Act 2001.

3. On 14 April 2020, the Tribunal wrote to Mr Rex Howard (the Representative) and invited comments on its preliminary view it did not have jurisdiction because the Applicant had been deregistered. In response, on 6 May 2020 the Tribunal received an e-mail from the Representative which states: ‘Thank you for your email of 14 April. I apologise for the delay in responding to you. I have been unable to get further instructions from my client in relation to the matter you raise in your email, the deregistration of the sponsoring company.’

4. The Tribunal checked the ASIC online register on 15 May 2020 and confirmed the status of the Applicant is deregistered. There is no evidence before the Tribunal the Applicant’s registration has been reinstated with ASIC.

5. The Tribunal finds the Applicant has been deregistered and has ceased to exist as a legal entity. Accordingly, it follows there is no longer a valid application for review.

DECISION

The Tribunal does not have jurisdiction in this matter.

Peter Ranson
Member