Ahiyar and Child Support Registrar (Child support)

The Administrative Appeals Tribunal reviewed decisions made by the Child Support Registrar concerning a Departure Prohibition Order (DPO) and an application for a Departure Authorisation Certificate (DAC). The applicant sought to have the DPO revoked and a DAC issued, but these applications were refused by the Registrar. The Tribunal was tasked with determining whether to affirm these refusals.

The primary legal issues before the Tribunal were whether the Registrar had an obligation to issue a DAC, whether a DAC should have been issued on humanitarian grounds, and whether the Registrar had an obligation to revoke the existing DPO. The Tribunal was required to make the "correct or preferable decision" based on the evidence presented.

The Tribunal considered the applicant's financial liability for child support, which amounted to $19,089.76, including penalties. Evidence indicated that all payments made by the applicant towards this liability since October 2017 had been as a result of enforcement actions, such as garnishee notices and tax refund intercepts. The applicant's submissions to the Tribunal contained minimal factual assertions.

The Tribunal affirmed the Registrar's decisions to refuse to revoke the DPO and to refuse the application for a DAC.