Re Baddage and Minister for Immigration and Citizenship

[2009] AATA 392

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 392

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2008/0020

GENERAL ADMINISTRATIVE DIVISION		)
Re		ISHANI BADDAGE

Applicant

And MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

DECISION

Tribunal Regina Perton

Date29 May 2009

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(sgd) Regina Perton

Member

CITIZENSHIP

Applicant aged between 16 and 18 years at time of application – whether citizenship should be conferred on the applicant despite applicant not holding a permanent resident visa – policy considerations – exceptional circumstances - significant hardship or disadvantage if applicant unable to complete her education in Australia – decision affirmed

Australian Citizenship Act 2007 s 21(5), 24, 46(2A)

Australian Citizenship Instructions Chapter 5, Attachment B

Drake v Minister for Immigration and Ethnic Affairs (No.2) (1979) 2 ALD 634

Re Lee v Department of Immigration and Ethnic Affairs (1988) 10 AAR 270  

Re Raisani and Aryantie and Minister for Immigration and Citizenship [2008] AATA 640

Re Choi and Minister for Immigration and Citizenship [2008] AATA 726

REASONS FOR DECISION

29 May 2009 Regina Perton       

1.      Ishani Baddage arrived in Australia with her parents and younger brother on a visitor visa on 19 April 2005 when she was 15 years old.  She is a Sri Lankan citizen.  Her father made an unsuccessful application for the family to stay in Australia.  A request to the Minister to allow the family to stay, notwithstanding the refusal of the visa, was also unsuccessful.  Miss Baddage, her parents and brother have remained in Australia as holders of Bridging E visas since 5 October 2006.  She has never held a permanent visa. 

2.      On 29 November 2007 Miss Baddage, then aged 17 years, applied for Australian citizenship.  A delegate of the Minister for Immigration and Citizenship (the Minister) refused the application on 18 December 2007.  On 3 January 2008, Miss Baddage lodged an application for review with this Tribunal. 

3.      Section 21(5) of the Australian Citizenship Act 2007 (the Act) allows the Minister to confer Australian citizenship on persons who are less than 18 years old when they apply for citizenship, despite them not meeting the usual requirements for adults, which include permanent residence at the time of application.  The Minister has issued policy guidelines in relation to such applications. 

4.      The issue for the Tribunal is whether Miss Baddage’s particular circumstances warrant the conferral of Australian citizenship. 

RELEVANT LEGISLATION AND POLICY

5.      Section 21 of the Act sets out the eligibility requirements for persons seeking Australian citizenship.  For adults, these include permanent residence, a basic knowledge of English and being of good character.  Section 21(5) of the Act applies to persons under 18 years:

A person is eligible to become an Australian citizen if the Minister is satisfied that the person is aged under 18 at the time the person made the application. 

6.      Chapter 5 of the Australian Citizenship Instructions (ACI) provides guidance on applications for citizenship under the current Act made by those aged between 16 and 18 years of age at the time of the application.  The Tribunal is required to have regard to the ACI unless there are cogent reasons for not doing so (Drake v Minister for Immigration and Ethnic Affairs (No.2) (1979) 2 ALD 634). Fresh citizenship instructions were issued on 15 March 2009. The text of Chapter 5 and Attachment B, which are relevant in this matter, do not appear to have changed from the previous version provided to the Tribunal and Miss Baddage in October 2008.

Applicants aged 16 years and over and under the age of 18

Applicants aged 16 years and over and under the age of 18 must make an application on a form that contains no other application. This is set out in s46(2A) of the Act.

Applicants aged 16 years and over and under the age of 18 would usually be approved under s24 if they meet the following policy requirements:

•      is a permanent resident

•      satisfies the residence requirements

•     the applicant need not meet the residence requirements if this would cause significant hardship or disadvantage. See Attachment B - Significant hardship and disadvantage for guidance

•      understands the nature of an application

•      possesses a basic knowledge of the English language

•      has an adequate knowledge of the responsibilities and privileges of Australian citizenship at the time of decision

•      is likely to reside or continue to reside, or maintain a close and continuing association with Australia.

Applicants between the ages of 16 and 18 should be given the opportunity at interview to demonstrate that they understand the nature of their application, have an adequate knowledge of the responsibilities and privileges of citizenship; and that they possess a basic knowledge of the English language. It is important that an applicant's ability to understand and respond to questions is not hampered by the use of complex words or sentences.

Applications from children aged 16 years and over do not need the consent of a responsible parent.

Other requirements which must be satisfied relating to identity, national security, offences and former citizens are set out in Minister’s decision (s24).

In the case of an applicant who does not meet the policy requirements above, decision-makers must consider the full circumstances of the case, including the best interest of the child, to determine whether the application nevertheless warrants approval because of the exceptional nature of those circumstances. The circumstances would need to be very unusual to warrant approval of an application outside policy

….

ATTACHMENT B - SIGNIFICANT HARDSHIP AND DISADVANTAGE

The Macquarie Concise Dictionary and Collins Concise English Dictionary, Australian Edition make the following definitions:

significant

of consequence;

important or momentous

hardship

conditions of life difficult to endure;

something that causes suffering or privation

disadvantage

an unfavourable circumstance, thing, person;

injury, loss or detriment

People would normally be required to demonstrate some or all of the following circumstances:

•      inability to gain employment on the grounds that the employment is restricted to Australian citizens, and that comparable or alternative employment is not reasonably available

•      difficulty of international travel because the person cannot obtain a passport from their country of nationality/citizenship, or are unable to use a passport issued by that country for safety or similar reasons

•      academic (eg research, academic scholarship) or other (sporting etc) potential is being limited or restricted, because the opportunities to reach that potential is available only to an Australian citizen, to the extent that it causes significant hardship.

Decision-makers will need to assess each application on its merits. While policy is not to be applied inflexibly, it must be applied, unless there are special circumstances that would warrant consideration outside that policy.

Evidence of significant hardship and disadvantage is required (eg a statement in writing, with appropriate supporting documentation to demonstrate how they meet the legal and policy requirements).

The onus is on the applicant to provide the evidence to support the application.

Decision-makers must be mindful of the difference between personal needs and personal wants.

Personal needs relate to situations which would give rise to significant hardship or disadvantage if a person could not meet that need. For example, if a person could not find any employment, and was unable to adequately financially support themselves or their family.

Personal wants are aspirations and generally do not constitute hardship (ie the right to vote, election to Parliament, HECS availability, representing Australia internationally in academics or sport).

Australian citizenship is not a requirement to study in Australia. Australian universities are permitted to admit students who are not Australian citizens. Permanent visa holders are eligible for a Commonwealth supported place (previously known as a Higher Education Contribution Scheme) or a domestic fee-paying place. The requirement to be an Australian citizen is only relevant to students who wish to access a loan under the Australian Government’s Higher Education Loan Programme (HELP) for their student contribution or tuition fee. Further information is available from the Department of Education, Science and Training at should also be aware of situations where it appears that a person takes a course of action for the sole purpose of availing themselves of the exercise of this discretion.

Miss Baddage’s claims

7.      Miss Baddage claimed that if her application for citizenship is refused, she will suffer significant hardship or disadvantage.  She focussed on the difficulties she will face if she is unable to complete her education in Australia.  She submitted that if she does not undertake tertiary studies in Australia, she will have to repeat her senior secondary years in Sri Lanka and then attempt to get into a Sri Lankan university.  She said that this will prove difficult in terms of her age and her financial circumstances.  She also said that it is unlikely that she would be able to study in Australia on a student visa as she would be unable to meet the financial criteria for such a visa. 

8.      Miss Baddage expressed the wish to study medicine.  She said that if she has to return to Sri Lanka, she is likely to have to enter a government school and repeat a number of years of schooling to sit her university entrance exam.  She suggested that to become a doctor in Sri Lanka, she would have to study at university for a minimum of seven to ten more years. 

9.      Miss Baddage provided letters of support from teachers, other students and community members.  She supplied her school reports and results.  Miss Baddage is currently studying for the Victorian Certificate of Education (VCE) at Dandenong High School. 

10.     The documents before the Tribunal include:

·           Student Reports and Certificates of Achievement from Noble Park English Language School in December 2005 and Dandenong High School thereafter.  These included reports provided by her various teachers at the end of each of the two semesters per year, between June 2006 and June 2008.  Miss Baddage’s reports were generally positive.  For example, in Semester One in 2007, her work habits were rated as very good or excellent for effort and her class behaviour always rated as excellent.  In Semester One, 2008, her final grades in VCE subjects were A (outstanding) for English as a Second Language 1; B (excellent) in Information Technology 1; C (very good) in Chemistry 1; D (good) in Mathematical Methods 1 and D in Physics 1. 

·           Letters of support written during October and November 2007 which accompanied the application for citizenship whose authors include:

- Teachers and fellow students at Dandenong High School describing Miss Baddage in positive terms including honest, reliable, hardworking, polite and considerate.  

- Ms Chandra Dissanayake of the Sinhala Cultural & Community Services Foundation who stated that she has known Miss Baddage for all her life.  She described Miss Baddage’s active role in the organisation’s activities. 

- Cousins living in Australia including D Weerakkody and Thejani Weerakkody. 

- Jade McShane of Wresacare who stated that Miss Baddage had undertaken two weeks’ work experience at this not-for-profit organisation which provides services to people with special needs and their carers. 

- Ven. D Wimalananda, President of Buddhist Vihara Victoria Incorporated who indicated that Miss Baddage had been participating in religious and other works organised by the temple. 

·           A letter dated 4 October 2008 from Professor S Subasinghe, Professor of Crop Science at the University of Ruhuna in Sri Lanka.  Prof Subasinge stated, amongst other things:

…After coming to Australia she had to repeat two years of study as Sri Lankan schooling is not automatically recognized.  If she will return to Sri Lanka, she will have to first complete GCE O/L and then GCE A/L.  Considering that subjects such as Sinhalese are basic subjects at the GCE O/L examination, Miss Baddage will have to start schooling from year 10.  Since all schools in Sri Lanka are not teaching in English medium, she may have to select an English medium school to continue her studies. It is not easy to find an English medium school in Sri Lanka especially on the midway. Only option is she will have to select International school, which is very expensive and Miss Baddage may not in a position to bear such a high cost.  Anyway, by the time with all hardships, if she completes her GCE A/L, she will be 22-23 years of age.  If she passes the GCE A/L examination, she will have to wait nearly one year to enter the university in Sri Lanka.  If she will be selected for Medicine, she has to do studies for another five years in the university and then she will be 29 years old…

·           A letter dated 3 October 2008 from Professor Sivakanesan of the Department of Biochemisty at the Faculty of Medicine at the University of Peradeniya, addressed to Miss Baddage’s solicitors, in which she/he provides similar information to that in Professor Subasinge’s letter concerning the time it would take Miss Baddage to complete secondary schooling and the length of a medical degree.  Professor Sivakanesan also comments that the fees in an international school, where teaching is in the English language, can vary depending on the facilities, standards and course of study. 

11.     Miss Baddage told the Tribunal that after arriving in Australia in 2005, she undertook an intensive English language course at Noble Park English Language School and in 2006, entered Year 9 at Dandenong Secondary College.  She said that she passed all her subjects in Year 11 in 2008.  She is now in Year 12.  Miss Baddage said that if she had remained in Sri Lanka, she would have completed her O levels in 2005 and achieved her A levels in 2008.  Miss Baddage said she had obtained good results in her studies in Sri Lanka before leaving for Australia in late 2005.  She said that one of the compulsory subjects in Sri Lanka is the Sinhalese language and that she has not kept up her studies in that language since arriving in Australia.  She conceded that she speaks Sinhalese at home but said that was different to studying the written language.  Miss Baddage said that she paid no fees to attend Dandenong Secondary College.  She said that it was her understanding that international students on a student visa paid around $15,000 per annum. 

12.     Miss Baddage said that she has now settled well into Australian life.  She said that if her parents had to leave Australia and she was able to stay, she had two supportive maternal aunts here.  One aunt has been in Australia for some 20 years and is an Australian citizen.  Miss Baddage said that she would work part-time to help support herself as well as accepting help from that aunt.  Another aunt had recently been granted permanent residence and she, too, had offered support.  She said that there were also relatives of her father in Australia who had offered help. 

13.     Miss Baddage said that she had not really thought about what would happen if she had to return to Sri Lanka.  She said that her paternal grandmother and some cousins live in Kandy where they had lived.  The grandmother is old and not wealthy.  Most of her father’s relatives lived some 10 hours from Kandy. 

14.     Asked why she thought her situation could be described as exceptional given many young people have spent time in Australia due to their parents’ choice and subsequently had to return to their country of origin, Miss Baddage expressed the view that there would be a significant impact on her education and future employment if she was forced to terminate her Australian studies.  She said that she was dependent on her family who were not financially well off.  Miss Baddage said she would require private tuition in Sri Lanka, which her parents could not afford.  She would also be at least three years older than the other students.  She said that it was very important to her to complete her secondary education and then go on to tertiary study.  When asked why she needed private tuition, Miss Baddage said that a government school might not accept her because she was over 18 years of age.  She admitted that she had made no enquiries to ascertain if this limitation would definitely apply to her.  When it was suggested that she now had much stronger English skills than before she had attended school in Australia, she said that you cannot get a job in Sri Lanka just because of your English language skills, if you have not received your final secondary results.  Miss Baddage conceded that not all students who want to enter medicine in Australia or Sri Lanka are able to achieve that goal.  She said that she has also considered other courses although she would like to study medicine if possible. 

15.     Ms Baddage’s father, Mr Ariyasena Kottal Baddage, provided a statement dated 10 July 2008.  Mr Baddage stated that he had made enquiries about his daughter’s ability to apply for a student visa in Australia and was advised that she is ineligible to do so due to her current visa status.  He stated that he is unable to pay for her education in any other country apart from Sri Lanka or Australia.  He stated that as a retired government employee, he is entitled to a government pension which at the date of his statement was less than $100 Australian dollars per month.  Mr Baddage stated that he does not have any other savings or investments on which to draw for his daughter’s education.  He provided information about his Sri Lankan pension and his Australian bank account. 

16.     Mr Baddage said that he is now a process worker.  He provided his recent tax returns.  In the 2007/8 year he earned around $42,000 gross as a chicken boner.  In the 2006/7 year his income was around the same amount.  His wife undertakes home duties.  They have a son who is nine years old and in Grade 3. 

17.     In Sri Lanka Mr Baddage worked as a teacher.  He retired from teaching when he was 46 years old and receives a government pension.  He said that he started a small business with a partner after leaving teaching but it did not work out.  Mr Baddage said that he would not be able to obtain employment in Sri Lanka as he is now 58 years old and the retirement age is 57 years. 

18.     He stated that he had checked that his daughter could not get a student visa in Australia as holders of bridging E visas were ineligible.  Mr Baddage conceded that he had not directly enquired of any schools, including his daughter’s former school, or relevant government agencies in Sri Lanka as to whether they would admit his daughter at the age of 19 years.  He said that he had relied on his 20 years of experience in teaching to form that view.  He said he had not seen any 19 year old students studying for O levels.  He said that he was sure his daughter would not be allowed to study for her GCE at a government school as O levels are usually completed at the age of 15 or 16.  He said that if she returned to Sri Lanka, his daughter would have to go to a private school or international school where the fees are high.  Mr Baddage did not concede that his daughter’s studies in Australia might accelerate her progress in Sri Lanka.  Mr Baddage said that university entrance is very competitive in Sri Lanka.  He expressed the view that having wealthy parents, who could fund extra tuition, advantaged children in attaining entry to their course of choice. 

19.     Mr Baddage said that his pension is 80 per cent of that of an employed teacher.  He owned a house in Kandy but has no other assets.  He said that he had been involved in a business selling radio and television parts after retiring from teaching but the business was not very successful.  He sold his share to his technician partner before leaving for Australia.  Mr Baddage said that he cannot return to Kandy.  He said that family members in Sri Lanka cannot financially support him or his daughter. 

20.     A document dated 6 August 2008, under the signature of H M Jayakody of Mahanama College, Kandy, describing the university entrance requirements in Sri Lanka was tendered.  Mr Jayakody states that only those who have passed the GCE O and A levels are qualified to enter university in Sri Lanka.  Mr Jayakody gave oral evidence via a scratchy telephone line in which he reiterated what he had stated in writing. 

21.     Dr David H P Harvey, clinical psychologist, provided a report in January 2009 and gave oral evidence.  In his report, he stated that he had been asked to respond to the following questions:

·     What psychological impact will Ishani suffer if her application for citizenship is refused and consequently forced to return to Sri Lanka where she will have to repeat a number of years of schooling?

·     How will the delay in completing her education impact on her psychology in the long term?

·     Whether she will suffer any adverse impact as a result of a temporary separation from the parents while she completes her studies?

22.     Miss Baddage provided Dr Harvey with a similar history and opinions to that given to the Minister and the Tribunal.  Dr Harvey administered the Millon Adolescent Clinical Inventory (MACI), a test used as an aid in indentifying, predicting and understanding a wide range of psychological problems that are characteristic of adolescents and young adults.  Dr Harvey reported:

...The results show that Ishani is a well adapted, psychologically healthy individual with no indication of serious psychological difficulties with the exception that she shows elevated levels of Anxious Feelings and Depressive Affect.  These latter aspects may be seen as a reflection of her present circumstances and support her expressed concerns about her future if unable to complete her secondary education and embark on a tertiary training program built upon the award of an Australian VCE...

23.     In his oral evidence, Dr Harvey discussed the impact on Miss Baddage of being in a situation that was not of her making in that it was not her decision to leave the Sri Lankan education system to come to Australia.  He stated that this could have an adverse impact on her relationship with her parents in the future. 

24.     In cross-examination, Dr Harvey stated that he had interviewed Miss Baddage on her own for two hours on 9 January 2009, administered the MACI and then interviewed her father.  Dr Harvey stated that whilst Miss Baddage’s levels of anxiousness were above average on the test, she was not in a category where intervention was needed.  She had not been referred to a psychiatrist, nor did Dr Harvey provide follow up counselling. 

Should Ms Baddage be granted citizenship?

25.     Mr Gilbert, counsel for Miss Baddage, submitted that she would be subject to a three-year exclusion period after she leaves Australia but acknowledged that it could be waived.  He described the criteria for student visas, pointing out the onerous financial requirements for students from Sri Lanka.  He indicated that Miss Baddage’s father, who relied on a pension and had few assets, would not be able to meet those criteria.  He cited decisions made by differently constituted Tribunals, namely Re Raisani & Aryantie and Minister for Immigration and Citizenship [2008] AATA 640 and Re Choi and Minister for Immigration and Citizenship [2008] AATA 726, where minors were found eligible for citizenship despite not holding permanent visas. He commented that although those matters were under previous citizenship legislation they provided examples for the Tribunal to follow. He suggested that policy should not be applied rigidly and that it was there to provide guidance.

26.     Mr Gilbert submitted that Miss Baddage came to Australia at her parents’ behest when she was 15 years old.  Her peers in Sri Lanka would have finished their A levels and be preparing for university.  He suggested that Miss Baddage would experience significant hardship if forced to resume her studies in Sri Lanka.  He said that there was a prospect of Miss Baddage facing difficulties in achieving an appropriate standard in the compulsory subject of Sinhalese, as her medium of instruction has been in English in recent years.  He submitted that Miss Baddage will need extra tuition that her family would not be able to afford.  Mr Gilbert submitted that residence and citizenship go hand in hand and that the route to permanent residence via citizenship was allowed under the legislation and policy.  He reiterated that disruption to education was sufficient to meet policy guidelines. 

27.     Mr Rogers, on behalf of the Minister, cited, amongst other cases, Re Lee and Department of Immigration and Ethnic Affairs (1988) 10 AAR 270 in which Justice Gray stated (at 275):

…it is open to the Minister whether an applicant…has such a close connection with Australia as to warrant the grant of citizenship.  In considering that question, the Minister or his delegate may take into account quite properly questions such as whether the applicant has lived in Australia, and if so for what period or periods, and whether the applicant would suffer hardship or disadvantage if not granted citizenship…

There can be no sound objection to a policy requiring such matters to be taken into account….

28.     Mr Rogers submitted that the application before the Tribunal and the policy directions are not directed at the right to reside but rather the right to citizenship.  He suggested that the decisions in Raisani and Choi concerned differing circumstances to those of Miss Baddage in terms of length of time spent in Australia and age of arrival here.  Mr Rogers submitted that at the time Miss Baddage applied for citizenship, she had spent less than three years in Australia.  He conceded that Miss Baddage would be disadvantaged in her education if she had to return to Sri Lanka but stated that it was unclear if the period would be the full five years submitted by Miss Baddage.  He submitted that the evidence that Miss Baddage would be required to repeat her late secondary years in full was speculative.  He pointed out that there had been no enquiry made of her previous school or of the country’s regulatory education authority.  Mr Rogers suggested that the disadvantage was not exceptional enough to warrant going outside the policy. 

29.     The ACI sets out the circumstances in which a person who applies for citizenship at the age of 17 years should usually be approved.  The usual criteria include permanent residence for a defined period of time.  Miss Baddage has not held a permanent visa so she can only be considered under the other policy guidelines which suggest that the circumstances would need to be very unusual to warrant approval of an application outside policy. 

30.      The Tribunal understands Miss Baddage’s desire to complete her education in Australia.  The Tribunal is not surprised that she is anxious about what she may happen if she is required to return to Sri Lanka after spending the last few years in the Australian education system.  Miss Baddage has been reliant on information sought from educators in the Sri Lankan system who have told her that she will have to repeat the final years of secondary school if she goes back to Sri Lanka.  While two university professors and the principal of a school in Kandy have provided general information about the requirements for entry to a Sri Lankan university, there was no evidence tendered of any specific enquiries made of Miss Baddage’s previous school, the admissions office for universities or from relevant education regulatory authorities about the acceptability of Australian qualifications or that she would be refused entry because of her age.  It may well be that some of the subjects Miss Baddage studied in Australia will be accepted as equivalent to those required in Sri Lanka; and/or that the content of those studies will assist her in preparing for her O and A level examinations.  The Tribunal did not have any evidence before it regarding the level, if there is any, of mutual recognition of studies in another Commonwealth country, apart from the assertions by Miss Baddage and her father.  The Tribunal notes the policy guideline which states that the onus is on the applicant to provide the evidence to support the application. 

31.     The Tribunal is satisfied that Miss Baddage may suffer some disadvantage if she is unable to complete her studies in Australia.  There is the probability of spending extra years in the Sri Lankan education system and of finishing her tertiary studies at a later age than she would if she continued without a break in Australia.  However, the Tribunal needs to consider whether the consequences of not being able to complete her studies in Australia would be described as significant hardship or disadvantage and warrant departure from usual citizenship requirements and the relevant policy. 

32.     Education in Australia is available to persons who are not Australian citizens.  Student visas are available to persons who do not have permanent residence or citizenship.  The Tribunal accepts that the financial requirements of a student visa are onerous and that Miss Baddage’s parents, on whom she is dependent at present, do not appear to have the financial resources to enable her to meet the relevant criteria.  However, whether Miss Baddage’s academic potential will be limited or restricted to the extent of causing significant hardship if she does not complete her studies as an Australian citizen is a different question.  The Tribunal is not convinced that Miss Baddage will be unable to reach her academic potential if she is not granted Australian citizenship.  In Sri Lanka, there is an education system that is somewhat similar to that of Australia, even if the nomenclature and timing of specific examinations differ.  Miss Baddage may well be older than the norm if she has to complete her education outside Australia because of her parents’ decision to remain in Australia after entering on a visitor visa.  However, here are now many students in Australia and elsewhere who commence or complete their studies at a more mature age than students who have followed the standard path through school. 

33.     In terms of Miss Baddage’s situation in general, the Tribunal does not have evidence to demonstrate that her circumstances are of an exceptional nature. 

34.     It was suggested that the Tribunal take account of the decisions of differently constituted tribunals in Raisani and Choi.  The Tribunal is of the view that Miss Baddage’s circumstances are different to the applicants in those matters. 

35.     While the Tribunal accepts that it would be much easier for Miss Baddage to complete her education in Australia, the Tribunal does not accept that a failure to be able to do so would cause significant hardship or disadvantage or that her circumstances are of an exceptional nature.  The Tribunal is not satisfied that it should exercise discretion to grant Australian citizenship outside the relevant policy. 

DECISION

36.     The Tribunal affirms the decision under review. 

I certify that the thirty-six [36] preceding paragraphs are a true copy of the reasons for the decision of:

Regina Perton, Member

(sgd)          Cassie Renfrew

Clerk

Date of hearing:  9 February 2009
Date of decision:  29 May 2009
Counsel for applicant:                  Mr G Gilbert
Solicitor for applicant:                  Sky Legal
Counsel for respondent:             Mr P Gray

Solicitor for respondent               Australian Government Solicitor