Mahmoud and Child Support Registrar (Child support)

This matter concerned an application by Mr Mahmoud for a review of the Child Support Registrar's refusal to issue a departure authorisation certificate (DAC). The Registrar submitted that the application should be dismissed because the period for which the DAC was sought had already passed, rendering any decision on the matter moot. The review was before the Administrative Appeals Tribunal.

The Tribunal was required to determine the nature of the decision under review and the scope of its powers in reviewing that decision. Specifically, it needed to ascertain whether the decision under review was the refusal to issue a DAC, or a decision to issue a DAC for particular dates, and whether the passage of time affected the Tribunal's ability to make a useful order. The Tribunal considered sections 72K, 72L, 72N, and 72T of the Child Support (Registration and Collection) Act 1988, and section 3(3) of the Administrative Appeals Tribunal Act 1975.

The Tribunal reasoned that the decision under review was the Registrar's refusal to issue a DAC, which, according to section 72T(2) of the Act and section 3(3) of the AAT Act, includes a refusal to give a certificate. Therefore, the Tribunal had the power to review this refusal. The Tribunal noted that section 72L outlines the circumstances under which a DAC must be issued, including where the Registrar is satisfied that the applicant will return to Australia, or where security has been given, or on humanitarian grounds or if refusal would be detrimental to Australia's interests. The Tribunal found that the Registrar's decision to refuse the DAC was reviewable, irrespective of the expiry of the requested travel dates.

The Tribunal set aside the decision under review and remitted the matter to the Registrar for reconsideration according to law.