HGPV and Minister for Foreign Affairs

The Administrative Appeals Tribunal considered an application for the renewal of an Australian passport for a child, HGPV, represented by her mother, Ms AM. The Minister for Foreign Affairs had refused to issue the passport, a decision that was affirmed on internal review. The dispute centred on the requirement for consent from both parents for a passport to be issued to an unmarried child, where one parent, Mr AF, did not consent.

The Tribunal was required to determine whether special circumstances existed that would permit the issue of a passport despite the lack of consent from the non-consenting parent. This involved considering whether Mr AF had had no contact with HGPV for a substantial period, and whether HGPV's physical or psychological welfare would be adversely affected if she were unable to travel internationally. The Tribunal also addressed the procedural issue of Mr AF not being joined as a party to the proceedings, despite the Respondent suggesting an adjournment for this purpose.

The Tribunal reasoned that the policy followed by the Department, and the provisions of the relevant Determination, allowed for the issue of a passport in special circumstances even without the consent of one parent. Evidence was presented regarding the lack of contact between HGPV and Mr AF since early 2019, with conflicting accounts of their last interaction. Ms AM testified that HGPV experienced sadness, abandonment, and rejection due to the lack of contact with her half-sister in the United Kingdom, which she believed impacted HGPV's mental health. The Tribunal found that Mr AF had been given reasonable opportunity to participate in the proceedings but had not done so.

Ultimately, the Tribunal set aside the decision to refuse the passport. It substituted a new decision, finding that special circumstances existed that did not prevent the issue of an Australian travel document to HGPV, and that a passport should be issued in her name.