Wentworth and Child Support Registrar (Child support second review)

The matter before the Tribunal concerned an application by Mr Wentworth for a review of the Child Support Registrar's refusal to issue a departure authorisation certificate (DAC). Mr Wentworth sought to travel overseas, but a departure prohibition order was in force against him. The primary issue was whether the Registrar's refusal to issue the DAC should be affirmed.

The Tribunal was required to determine whether the conditions for issuing a DAC under section 72L of the Registration and Collection Act were met. Specifically, the Tribunal considered whether Mr Wentworth had provided appropriate security for his return to Australia, or if he was unable to provide security, whether a DAC should be issued on humanitarian grounds or because refusing it would be contrary to Australia's interests.

The Tribunal found that section 72L(2)(a)(ii) of the Act was not satisfied, and as all requirements of section 72L(2) must be met, it was unnecessary to consider the remaining conditions. Regarding section 72L(3), Mr Wentworth had not provided or offered security and claimed inability to do so. The Tribunal considered his stated inability to provide security, his desire to travel overseas for a job interview, his significant debts including child support arrears and a costs order, and his difficult personal circumstances. However, the Tribunal was not satisfied that Mr Wentworth had reasonable prospects of obtaining employment overseas, nor that his personal circumstances, individually or cumulatively, established a humanitarian reason for issuing the DAC. Consequently, the Tribunal affirmed the decision under review.