Superb Chefs Pty Ltd (Migration)

[2020] AATA 1902

Superb Chefs Pty Ltd (Migration) [2020] AATA 1902 (15 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Superb Chefs Pty Ltd

CASE NUMBER:  1906882

HOME AFFAIRS REFERENCE(S):          BCC2018/934610

MEMBER:Phoebe Dunn

DATE:15 May 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 15 May 2020 at 12:13pm

CATCHWORDS

MIGRATION – applicant’s standing to apply – company deregistered – no response to tribunal’s communication – 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 8 March 2019 made by Superb Chefs Pty Ltd. For the following reasons, the Tribunal finds that it does not have jurisdiction.

2. The applicant company applied for the nomination on 27 February 2018. The application was refused by the delegate on 8 March 2019.  Information from the Australian Securities & Investments Commission (ASIC) register shows that Superb Chefs Pty Ltd was deregistered on 8 February 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. In order to afford the applicant natural justice, by correspondence dated 14 April 2020, the Tribunal Registry invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered, by 28 April 2020. The correspondence outlined that the applicant company was deregistered on 8 February 2020 and as such ceased to be a legal entity. There was no response to the Tribunal’s letter.

5. The Tribunal finds that Superb Chefs 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.

   Phoebe Dunn
   Member