Silva and Minister For Foreign Affairs

This matter concerned an application by Mr Silva, on behalf of his daughter Ebony Maya Silva, for an Australian passport. The Minister for Foreign Affairs had refused to issue the passport, a decision affirmed on review. The dispute arose because Ms Puspa, who also held parental responsibility for Ebony, refused to consent to the passport being issued.

The primary legal issue before the Tribunal was whether the Minister's discretion to issue an Australian travel document to a child, notwithstanding the lack of consent from all persons with parental responsibility, was enlivened. This required the Tribunal to consider whether Ebony's psychological and possibly physical welfare would be adversely affected by not being able to travel to Australia, and whether the circumstances warranted overriding Ms Puspa's refusal to consent.

The Tribunal found that Ms Puspa had largely relinquished her parental responsibilities, having left Ebony in the care of Mr Silva for an extended period and not disputing his custody. It was noted that Ms Puspa appeared to be using her consent as leverage for financial gain. The Tribunal determined that Ebony's welfare would be adversely affected if she could not travel to Australia, and that granting an Australian passport would provide her with freedom of movement without raising concerns of abduction, given her dual nationality and age. Consequently, the Tribunal set aside the Minister's decision and substituted it with a determination that Ebony Maya Silva should be issued with an Australian passport.