WHRD and Minister for Foreign Affairs

This matter concerned an application for an Australian passport for a child, the Applicant, where one parent, the father, had not consented to its issuance. The Applicant's mother, seeking the passport, contended that the child's psychological welfare would be adversely affected if she were unable to travel internationally. The decision was made by Mr Robert Reitano, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was satisfied, pursuant to section 11(2)(b) of the relevant Act, that the Applicant's welfare (physical or psychological) would be adversely affected if she were not able to travel internationally. This required the Tribunal to consider the threshold for such an adverse effect and the relevance of the father's reasons for withholding consent, which appeared to be linked to child support payments. The Tribunal also had to determine whether, in light of all the circumstances, it should exercise its discretion to issue the passport.

The Tribunal considered the history of the parents' separation and the Applicant's upbringing, noting that the mother had consistently made all significant decisions regarding the Applicant's care, schooling, and health. It also took into account an apprehended violence order against the father and the father's ongoing dispute regarding child support payments. The Tribunal found that the father's non-consent was conditional on the mother reporting a higher income to the Child Support Agency, a condition it did not consider relevant to the child's welfare in the context of passport issuance. Weighing all relevant factors, the Tribunal concluded that the circumstances warranted the exercise of its discretion.

The Tribunal set aside the delegate's decision and remitted the matter to the delegate with a direction that an Australian passport be issued to the Applicant.