Saba Foods Pty Ltd (Migration)

[2020] AATA 5975

Saba Foods Pty Ltd (Migration) [2020] AATA 5975 (26 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Saba Foods Pty Ltd

CASE NUMBER:  1816562

HOME AFFAIRS REFERENCE(S):          BCC2017/984777

MEMBER:Jennifer Cripps Watts

DATE:26 November 2020

PLACE OF DECISION:  Sydney

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

Statement made on 26 November 2020 at 5:20pm

CATCHWORDS

MIGRATION – company has been deregistered- ceased to exist as a legal entity– standing to apply for a review – invalid application for review –no jurisdiction

LEGISLATION

Corporations Act 2001, s.601AD(1)

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 (the delegate) on 23 May 2018 made by Saba Foods 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 Saba Foods Pty Ltd was deregistered on 7 September 2020.  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 29 October 2020, the Tribunal wrote to the applicant and invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered.  The applicant was informed that a response should be received within 14 days.  The Tribunal received no response.

5. The Tribunal finds that Saba Foods 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.

   Jennifer Cripps Watts
   Member