RandB Restaurant Pty Ltd (Migration)

[2020] AATA 2766

RandB Restaurant Pty Ltd (Migration) [2020] AATA 2766 (1 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  RandB Restaurant Pty Ltd

CASE NUMBER:  1922700

HOME AFFAIRS REFERENCE(S):          BCC2017/4420918

MEMBER:Alison Mercer

DATE:1 May 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 01 May 2020 at 1:19pm

CATCHWORDS
MIGRATION –Temporary Residence Transition Nomination – nominating company deregistered – no jurisdiction

LEGISLATION
Corporations Act 2001, s 601AD(1)

Migration Act 1958

Migration Regulations 1994

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 25 July 2019 made by RandB Restaurant 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 RandB Restaurant Pty Ltd was deregistered on 18 August 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. On 14 January 2020, 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 a request from the associated visa applicants of RandB Restaurant Pty Ltd, Ms Beatrice Reggioni and Mr Roberto Riva, asking the Tribunal to consider the compassionate and compelling circumstances of their case, which they stated were that their previous employer, RandB Restaurant Pty Ltd, had been deregistered without their knowledge, that they had complied with all their visa conditions to date, and that they had found a new employer in Tasmania who relied on them heavily and was willing to sponsor them. They provided letters of support from their new employer, Mr Ray Jones of Jetty Café, Bruny Island, from Mr Rufus Black, a customer and Bruny Island resident, and from the local Member of Parliament, Ms Carol Brown.

5. The Tribunal acknowledges the above material but has no power to take it into account in relation to determining the validity of the review application made by RandB Restaurant Pty Ltd about the Department’s decision to refuse its nomination.

6. The Tribunal finds that RandB Restaurant 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 of the decision to refuse its nomination.

   DECISION

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

   Alison Mercer
   Member