El Haroun and Child Support Registrar (Child support)

This matter concerned an application by Mr El Haroun to the Administrative Appeals Tribunal (AAT) for review of a decision by the Child Support Registrar. Mr El Haroun had applied for a Departure Authorisation Certificate, which was refused by the Registrar. The period for which the certificate was sought had since elapsed.

The AAT was required to determine whether it had the power to make any order of utility to Mr El Haroun, given that the period for which the Departure Authorisation Certificate was sought had passed. The Tribunal also considered whether the application should be dismissed under section 42B of the Administrative Appeals Tribunal Act 1975 (Cth).

The Tribunal reasoned that it could dismiss an application under section 42B(1)(b) of the AAT Act if it had no reasonable prospect of success. In this instance, as the period for which the Departure Authorisation Certificate was sought had expired, the Tribunal was unable to make any order of utility to Mr El Haroun. Consequently, the application was considered to have no reasonable prospect of success. The Tribunal noted that Mr El Haroun was at liberty to make a new application for a Departure Authorisation Certificate for a future period.

The application to the Tribunal by Mr El Haroun was dismissed under section 42B of the AAT Act.