DNSN and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered an application by the applicant, DNSN, for an extension of time to seek review of a decision by the Child Support Registrar. The Registrar had refused the applicant's application to revoke a Departure Prohibition Order (DPO) issued in March 2021. The applicant, the father of two children, sought revocation of the DPO on 2 February 2024, but this was refused by the Registrar on 2 April 2024, on the grounds that his child support liability debt had not been paid in full. The applicant also contended that the DPO and the refusal to revoke it constituted a "human rights abuse" contrary to the International Covenant on Civil and Political Rights.

The Tribunal was required to determine whether there was an acceptable explanation for the applicant's delay in seeking an extension of time to review the Registrar's decision to refuse revocation of the DPO. It also considered whether the DPO should be revoked on humanitarian grounds or if its issuance and refusal to revoke were inconsistent with the International Covenant on Civil and Political Rights.

The Tribunal reasoned that while extensions of time are sometimes granted, the prescribed 28-day time limit for seeking review is a prima facie rule that should not be disregarded without good reason. Despite the applicant's claims of ongoing disputes with the Australian Taxation Office and a belief that his matters would be heard together, there was no evidence that he was informed he did not need to make a timely application to the Tribunal. The applicant was clearly aware of his right to seek review of the Registrar's decision and the time limit within which to do so, as indicated by the refusal letter. The Tribunal found no basis for the applicant's claim of a human rights abuse, as the evidence did not support such a conclusion.

Consequently, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension of time sought by the applicant, and therefore refused the application.