Baena and Child Support Registrar (Child support second review)

The case of *Baena and Child Support Registrar (Child support second review)* concerned an application by Mr Baena for a Departure Authorisation Certificate to travel to the Philippines. A Departure Prohibition Order was already in force against Mr Baena. The application was refused by the Child Support Registrar, and Mr Baena sought a review of this decision.

The primary legal issue before Deputy J W Constance P was whether the refusal to issue Mr Baena with a Departure Authorisation Certificate was correct. This required the court to consider whether Mr Baena was likely to return to Australia within the appropriate period, whether he had provided security for his return, whether the certificate should be issued on humanitarian grounds, and whether the refusal to issue the certificate would be detrimental to Australia’s interests.

The court noted that Mr Baena had previously been issued Departure Authorisation Certificates on three occasions while the Departure Prohibition Order was in force, and had complied with the conditions on two of those occasions. However, on the third occasion, Mr Baena failed to return to Australia within the authorised period and did not contact the Department of Human Services to extend the certificate. While accepting Mr Baena's explanation for remaining overseas to attend court proceedings, the court found his explanation for failing to contact the Department to be unsatisfactory, particularly given his access to the internet. The court found no evidence to suggest that refusing the certificate would be detrimental to Australia's interests.

Consequently, the court affirmed the decision of the Respondent to refuse Mr Baena's application for a Departure Authorisation Certificate.