ST. WOODS PTY LTD (Migration)

[2021] AATA 4336

ST. WOODS PTY LTD (Migration) [2021] AATA 4336 (27 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  ST. WOODS PTY LTD

CASE NUMBER:  2005433

HOME AFFAIRS REFERENCE(S):          BCC2019/4148452

MEMBER:Sheridan Lee

DATE:27 October 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 27 October 2021 at 10:28 am

CATCHWORDS

MIGRATION – nomination of an occupation – business deregistered – no jurisdiction

LEGISLATION

Corporations Act 2001, s 601
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 26 February 2020 made by ST. WOODS 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 ST. WOODS PTY LTD was deregistered on 18 October 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 (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. On 11 December 2020, 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 ST. WOODS 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.

   Sheridan Lee
   Member