RMKK Pty Ltd (Migration)

Case •

[2021] AATA 5381

•

23 November 2021

RMKK Pty Ltd (Migration) [2021] AATA 5381 (23 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  RMKK Pty Ltd

CASE NUMBER:  1837591

HOME AFFAIRS REFERENCE(S):          BCC2018/4805963

MEMBER:Amanda Mendes Da Costa

DATE:23 November 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 23 November 2021 at 9.08am

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 12 December 2018 made by RMKK 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 RMKK Pty Ltd was deregistered on 18 July 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. There was no response to the Tribunal’s letter. 

  5. The Tribunal finds that RMKK 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.

    Amanda Mendes Da Costa
    Member


Key Legal Topics

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Standing

  • Procedural Fairness

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