El Haroun and Child Support Registrar (Child support)
[2019] AATA 1920
•3 July 2019
El Haroun and Child Support Registrar (Child support) [2019] AATA 1920 (3 July 2019)
Division:GENERAL DIVISION
File Number(s): 2019/3166
Re:Selim El Haroun
APPLICANT
AndChild Support Registrar
RESPONDENT
DECISION
Tribunal:Dr L Bygrave, Member
Date: 3 July 2019
Date of written reasons: 17 July 2019
Place:Sydney
The application is dismissed under section 42B of the Administrative Appeals Tribunal Act 1975 (Cth).
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Dr L Bygrave, Member
CATCHWORDS
CHILD SUPPORT – departure prohibition order – where applicant applied for Departure authorisation certificate – where original application refused – period for Departure Authorisation Certificate elapsed – Tribunal unable to make any order of utility – application dismissed
LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth) s 42B
Child Support (Registration and Collection) Act 1988 (Cth) ss 72D, 72K, 72LREASONS FOR DECISION
Dr L Bygrave, Member
17 July 2019
On 6 April 2018, a delegate of the Child Support Registrar made a Departure Prohibition Order pursuant to section 72D of the Child Support (Registration and Collection) Act 1988 (Cth) (the Collection Act) to prohibit the applicant, Mr Selim El Haroun, from departing Australia.
Mr El Haroun applied for a Departure Authorisation Certificate on 5 April 2019 for travel to Egypt from 10 May 2019 to 29 June 2019.
On 8 May 2019, a delegate of the Child Support Registrar decided to refuse to issue Mr El Haroun a Departure Authorisation Certificate under section 72L of the Collection Act in respect of the period from 10 May 2019 to 29 June 2019.
Mr El Haroun applied to the General Division of the Tribunal for review on 3 June 2019.
On 19 June 2019, the Child Support Registrar made an application to the Tribunal requesting that Mr El Haroun’s application be dismissed under section 42B of the Administrative Appeals Tribunal Act 1975 (Cth) (the AAT Act).
I heard the matter on 3 July 2019 and provided oral reasons for the decision.
LEGISLATION
Subsection 42B(1) of the AAT Act provides:
(1) The Tribunal may dismiss an application for the review of a decision, at any stage of the proceeding, if the Tribunal is satisfied that the application:
(a) is frivolous, vexatious, misconceived or lacking in substance; or
(b) has no reasonable prospect of success; or
(c) is otherwise an abuse of the process of the Tribunal.
CONSIDERATION
I have considered the facts of this matter and have decided to dismiss Mr El Haroun’s application to the Tribunal under paragraph 42B(1)(b) of the AAT Act. This is because I am unable to make any order of utility to Mr El Haroun as the relevant period for the Departure Authorisation Certificate – from 10 May 2019 to 29 June 2019 – has passed. This means that Mr El Haroun’s application to the Tribunal has no reasonable prospects of success.
I note that Mr El Haroun can make a new application for a Departure Authorisation Certificate to the Child Support Registrar under section 72K of the Collection Act for a future period of time.
DECISION
The application to the Tribunal by Mr El Haroun is dismissed under section 42B of the AAT Act.
I certify that the preceding 10 (ten) paragraphs are a true copy of the reasons for the decision herein of Dr L Bygrave, Member
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Associate
Dated: 17 July 2019
Date(s) of hearing: 3 July 2019 Applicant: In person Counsel for the Respondent: C Tran, Barrister Solicitors for the Respondent: C Bishop, Mills Oakley Lawyers
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