Sweetlips Enterprises Pty Ltd (Migration)

[2021] AATA 422

Sweetlips Enterprises Pty Ltd (Migration) [2021] AATA 422 (16 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Sweetlips Enterprises Pty Ltd

CASE NUMBER:  1817578

DIBP REFERENCE(S):  BCC2017/2117384

MEMBER:Sean Baker

DATE:16 February 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 16 February 2021 at 9:27am

CATCHWORDS
MIGRATION – application for approval of nomination of position – nominating company deregistered – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 338(9), 347(2)

Migration Regulations 1994 (Cth), r 4.02(4)(e), (5)(d),

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 28 May 2018, for a nomination refusal under the Migration Act 1958 (the Act). This decision is reviewable under s.338(9) of the Act.

2. The review application was lodged with the Tribunal on 15 June 2018. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Section 347(2) and r.4.02(5) of the Migration Regulations 1994 specify who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s.338(9) and r.4.02(4)(e), an application for review may only be made by the putative nominator: r.4.02(5)(d).

4. In this case, ASIC search indicates the review applicant has been deregistered from 07/09/20 and has ceased to exist as a legal entity. They therefore have no standing before the Tribunal.

5. As the decision that is the subject of the review application is a decision covered s.338(9) and r.4.02(4)(e), the application for review could only be made by the nominator. In the present case, the review applicant has ceased to exist as a legal entity. As such, the application for review is not an application properly made under s.347 and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

6. The Tribunal does not have jurisdiction in this matter.

   Sean Baker
   Member