Tushaan Enterprises Pty Ltd (Migration)

[2020] AATA 1904

Tushaan Enterprises Pty Ltd (Migration) [2020] AATA 1904 (18 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Tushaan Enterprises Pty Ltd

CASE NUMBER:  1915826

HOME AFFAIRS REFERENCE(S):          BCC2017/4093432

MEMBER:Peter Ranson

DATE:18 May 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 18 May 2020 at 9:39am

CATCHWORDS

MIGRATION – applicant’s standing to apply – company deregistered – no response from director – no jurisdiction

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application by Tushaan Enterprises Pty Ltd ACN 154 408 787 (the Applicant) for review of a decision made on 29 May 2019 by a delegate of the Minister for Home Affairs. For the following reasons, the Tribunal finds it does not have jurisdiction.

2. Information obtained from the Australian Securities & Investments Commission (ASIC) online register shows the Applicant was deregistered on 20 December 2019. Generally speaking, a deregistered company ceases to exist as a legal entity.[1] As an application for review of this type may only be made by the relevant sponsor or nominator, the effect of deregistration is there is no longer a person who has standing to apply for, or continue with, an application for review.

   [1] s.601AD(1) of the Corporations Act 2001.

3. On 14 April 2020, the Tribunal wrote to Mr Gaurav Chawla, who is recorded as a director of the Applicant, and invited comments on its preliminary view it did not have jurisdiction because the Applicant had been deregistered. The Tribunal provided 14 days to respond. There was no response to the Tribunal’s e-mail.

4. The Tribunal checked the ASIC online register on 18 May 2020 and confirmed the status of the Applicant is deregistered. There is no evidence before the Tribunal the company’s registration has been reinstated with ASIC.

5. The Tribunal finds the Applicant has been deregistered and has ceased to exist as a legal entity. Accordingly, it follows there is no longer a valid application for review.

DECISION

The Tribunal does not have jurisdiction in this matter.

Peter Ranson
Member