Western Victoria Hospitality Pty Ltd (Migration)

[2019] AATA 134

Western Victoria Hospitality Pty Ltd (Migration) [2019] AATA 134 (14 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Western Victoria Hospitality Pty Ltd

CASE NUMBER:  1811804

DIBP REFERENCE(S):  BCC2016/3005764

MEMBER:Alison Mercer

DATE:14 January 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 14 January 2019 at 4:40pm

CATCHWORDS

MIGRATION – Nomination of an occupation (employer nomination) – employer deregistered – no jurisdiction    

LEGISLATION

Corporations Act 1975, s 601AD(1)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 25 April 2018 for review of a decision made on 4 April 2018 to refuse to approve a nomination application. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of the application.

2. Information from the Australian Securities and Investments Commission (ASIC) indicates that Western Victoria Hospitality Pty Ltd was deregistered on 18 November 2018. 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. On 10 December 2018, the Tribunal invited comments on its preliminary view that it did not have jurisdiction because the company had been deregistered. No comments or response on this issue were received by the due date, 24 December 2018.

5. The Tribunal therefore finds that Western Victoria Hospitality 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 applicant for review.

   DECISION

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

   Alison Mercer
   Member