FCMX and Minister for Foreign Affairs

The Administrative Appeals Tribunal considered an application by FCMX for a passport for a child, against a decision by the Minister for Foreign Affairs to refuse its issuance. The mother, on behalf of the child, contended that the child's welfare would be adversely affected by being prevented from international travel.

The Tribunal was required to determine whether the child's welfare, as defined by section 11(2)(b) of the relevant Act, would be adversely affected by the refusal of a passport. This involved assessing whether the child would suffer harm or long-term damage to their life endeavours by not being able to travel internationally.

The Tribunal reasoned that while the child might experience disappointment at not being included in a proposed holiday, there was insufficient evidence to establish that this would amount to physical or psychological harm or detriment to their future life endeavours. The Tribunal noted that alternative opportunities for domestic travel and maintaining contact with overseas relatives existed, and therefore concluded that section 11(2)(b) of the Act was not satisfied.

Consequently, the Tribunal affirmed the reviewable decision to not issue a passport to the child.