SR Mount P Pty Ltd (Migration)

[2022] AATA 657

SR Mount P Pty Ltd (Migration) [2022] AATA 657 (22 March 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  SR Mount P Pty Ltd

REPRESENTATIVE:  Mr Aneel Khowaja (MARN: 1571699)

CASE NUMBER:  1903104

HOME AFFAIRS REFERENCE(S):          BCC2017/2241893

MEMBER:Scott Clarey

DATE:22 March 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 22 March 2022 at 3:17pm

CATCHWORDS

MIGRATION – application for approval of nomination of position – nominating company deregistered and business no longer in existence – no jurisdiction

LEGISLATION

Corporations Act 2001 (Cth), 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 on 31 January 2019 made by SR Mount P 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 SR Mount P Pty Ltd was deregistered on 17 January 2022. 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. In response, the Tribunal received an email (dated 4 March 2022) from Mel Fowler, the former owner of SR Mount P Pty Ltd, that stated:

   I was the owner and director of the Stellarossa Mt Pleasant. I wish to inform you that Harpreet Singh fulfilled all his obligations while working in store at Stellarossa Mt Pleasant. The business is no longer in existence due to me selling the store in Dec 2019 so we had it closed down through Asic. I think it's really unfair that this refusal has happened as Harpreet Singh worked really hard to do everything right…

5. The Tribunal finds that SR Mount P 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.

   Scott Clarey
   Member