Tanvir Curry Hut Pty Ltd (Migration)

[2020] AATA 5907

Tanvir Curry Hut Pty Ltd (Migration) [2020] AATA 5907 (3 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Tanvir Curry Hut Pty Ltd

CASE NUMBER:  1819990

HOME AFFAIRS REFERENCE(S):          BCC2017/1766319

MEMBER:Bridget Cullen

DATE:3 November 2020

PLACE OF DECISION:  Brisbane

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

Statement made 3 November 2020 at 11.39am

CATCHWORDS
MIGRATION – nomination – company has been deregistered–ceased to exist as a legal entity­– invalid application– 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 on 20 June 2018 made by Tanvir Curry Hut 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 Tanvir Curry Hut Pty Ltd was deregistered on 14 March 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. 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 Tanvir Curry Hut 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.

   Bridget Cullen
   Member